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Contract 32022
CITY SECRETARY CONTRACT NO. FORTWORTH WATER ILf. u ORIGINAL SPECIAL CONTRACT DOCUMENTS FOR 'T`RENCHLESS POINT REPAIRS OF SANI'T'ARY SEWERS IN CITY OF FORT WORTH WATER PROJECT NO.: 00214 MIKE MONCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER S. FRANK CRUMB, P.E., ACTING DIRECTOR WATER DEPARTMENT PREPARED BY WATER DEPARTMENT 1 f w)j lJ TRENCHLESS POINT REPAIRS OF SANITARY SEWERS IN CITY OF FORT WORTH FWWD Project No. 00214 Y March, 2005 C Chris P. Harder, P.E. -9c5 -h � Fort Worth Water Department o -24 es�n_�o�©eeeaeeaa lr" 1000 Throckmorton Street /~ HMG �zHARDER R F c G,3e eo-,00uaanee.:eceooasaocoone600r� ' Fort Worth, Texas 76102 `'_{- e TABLE OF CONTENTS TRENCHLESS POINT REPAIRS OF SANITARY SEWERS IN CITY OF FORT WORTH PART A - NOTICE TO BIDDERS Notice to Bidders Special Instructions to Bidders PART B - PROPOSAL Proposal PART C - GENERAL CONDITIONS PART CS - SUPPLEMENTARY CONDITIONS PART D - SPECIAL CONDITIONS PART E - TECHNICAL SPECIFICATIONS City of Fort Worth Material (E-1) and Construction (E-2) Specifications from the Fort Worth Water Department, not included herein) _DIVISION 1 - GENERAL REQUIREMENTS Item 0100 - Summary of Work Item 0200 - Cleaning and Closed Circuit Television Inspection for Trenchless Point Repairs Item 0300 - Trenchless Point Repairs Item 0400 - Sanitary Sewer Bypass Pumping, Flow Control, and Plugging PART F - BONDS AND INSURANCE Certificate of Insurance Performance Bond Payment Bond Maintenance Bond Contractor Compliance with Workers Compensation Laws PART G - CONTRACTS G-100 Contract APPENDIX "A" WASTE HAULERS PERMIT INFORMATION NOTICE TO BIDDERS Sealed proposals for the Trenchless Point Repairs of Sanitary Sewers in City of Fort Worth, Project Number 00214,will be received at the office of the Purchasing Manager until 1:30 P.M., Thursday, April 21st, 2005 and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the Water Department,Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. One set of documents will be provided at no cost to prospective bidders. General Contract Documents and General Specifications for Water Department projects, dated January 1, 1978,with the latest revisions, also compromise a part of the Contract Documents for this project and may be obtained by paying a non-refundable fee of$50.00 for each set, at the office of Water Department, Municipal,Office Building, 1000 Throckmorton Street, Fort Worth; Texas. All bidders submitting bids are required to be pre-qualified in accordance with the requirements of the special instructions to bidders. A pre-bid conference will be held at 9:30 AM on Thursday, April 7th, 2005 at the Water Field Operations Training Room, 1608 11 th Avenue, 76102,Fort Worth, Texas (MAPSCO 76G). The Engineer will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the pre-bid conference. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda maybe rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Water Department at 817-392-6820. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid maybe withdrawn until the expiration of ninety(90) days from the date the bids are received. For additional information, contact Chris Harder, P.E. 817-392-6820. Advertising Dates: March 24, 2005 March 31, 2005 1 SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) 1. SPECIAL PROJECT PRE-QUALIFICATION REQUIREMENTS: All contractors submitting bids on the project are required to meet the Fort Worth Water Department special pre-qualification requirements for this project prior to submitting bids. Previous pre-qualification by the Fort Worth Water Department will not be considered as meetintZ this requirement. This one-time special project-specific process will pre-qualify potential bidders whose bids will be considered for award based upon the financial statement and experience. In addition, the process will establish a bid limit based on an analysis of the contractor's finances. It is the bidder's responsibility to submit documentation for those items listed below, to the Water Department's designated representative, at least fourteen (14) calendar days prior to the date of bid opening. The Water Department may request any other documents it may deem necessary. Any additional documents so requested shall be submitted to the Water Department's designated representative at least seven (7) calendar days prior to the date of the opening bids. (a) COVER LETTER. The cover letter provided by the prospective bidder with the pre- qualification information must include the name of a contact individual that the City may contact for additional information if needed. (b) FINANCIAL STATEMENT. The financial statement required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid'permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more than one (1) year old. In the case that a late bidding date falls within the time a new statement is -being prepare , the previous statement shall �e update y proper veri kation. (c) CONTRACTOR EXPERIENCE: For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received. Experience must be on comparable projects that were completed no more than three (3) years prior to the date on which bids will be received. References shall be submitted for a minimum of three (3)projects, containing trenchless point repairs . References must include a contact person name, telephone number, project name and total cost, and the specific work done. In addition, firm shall submit type of trenchless point repair product to be utilized for this project. (d) PERSONNEL EXPERIENCE The prospective bidder shall submit the names and resumes for the proposed project manager and project superintendent. This information shall include a list of all projects that the proposed project manager and project superintendent completed within the last three (3)years to demonstrate ability to perform trenchless point repair projects. The Water Department will review each pre-qualification submittal. From the financial statement, the maximum bid limit will be based on amount of liquid assets times 10. The following conditions will apply: (a) The Director of the Water Department shall be the sole judge as to the acceptability for financial, experience and other qualifications to bid on any Fort Worth Water Department project. (b) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. 3/25/2005 Page 1 of 4 Special Instructions to Bidders (c) The City, in its sole discretion, may reject a bid for failure to demonstrate an acceptable performance,financial statement, equipment schedule, experience and/or expertise. (d) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. (e) It is the bidder's responsibility to check with the City to determine issuance of prequalification; however, the City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or the magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary pre- qualifications. (f) JOINT VENTURES. In the event the Bidder on this contract is a Joint Venture, financial statements from each joint venturer shall be submitted for prequalification, as well as the experience record and list of equipment of each joint venturer. The financial statements required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid license issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the each joint venturer. The statements must be current and not more than one (1)' year old: In the case that-a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. It is not required that each joint venturer shall have the necessary experience and equipment, rather that combined, the joint venture has the required experience and equipment. Upon request, the joint venture agreement shall be submitted for review. For additional information contact Mr. Chris Harder, Fort Worth Water Department at (817) 392-6820 (Fax 817-392-8195). Pre-qualification submittal should be sent to: Mr. Chris Harder,P.E. Fort Worth Water Department 1000 Throckmorton Street Fort Worth,TX 76102-6212 2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: 2.1.1 Before submitting his Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the work site to familiarize with local conditions that may in any manner affect performance of the work, (c) familiarize himself with federal, state, and local laws, ordinances, rules and regulations affecting performance of the work, and (d) carefully correlate his observations with the requirements of the Contract Documents. 2.2 Reference is made to the Supplementary Conditions for the identification of those surveys and investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work, which have been relied upon by Engineer in preparing the Drawings and Specifications. The data is furnished for information only and neither the Owner nor Engineer guarantees the accuracy of the data. Before submitting his Bid each Bidder will, at his- own expense, make such additional surveys and investigations, as he may deem necessary to determine his bid price for the performance of the work within the terms of the Contract Documents. The Bidder acknowledges by the submission of his bid that he is solely responsible for trench excavation safety as prescribed by the Occupational Safety and Health Administration and HB662 and HB665 as amended by the 72"d Session of the Texas Legislature and amended b ,_._. 73rd Session of the Texas Legislature with HB 1569. '!25/2005 Paye 2 of 4 Special Instructions to Bidders 2.3.1 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of the Contract Documents. 3. BID FORM (PROPOSAL): 3.1 Bidders shall use the Bid(Proposal) forms included in these documents. Supplemental data to be furnished shall be included in the same sealed envelope with Proposal. 3.2 Bid (Proposal)Forms must be completed in ink. The bid price of each item on the form must be stated in words, if specifically requested, and/or numerals; in case of a conflict, words will take precedence. 4. BID SECURITY: A cashier's check or an acceptable bidder's bond payable to the City of Fort Worth in an amount of not less than five.percent (5%) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the -� Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1)the name of the surety shall be included on the current U.S. Treasury, or (2)the surety must have capital and surplus equal to ten times the limit of the bond. Thesurety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-.tenth(1/10)the total capital and surplus. 5. BONDS: A performance bond and a payment bond each for one hundred percent (100%) of the contract price will be required,Reference C 3-3.7. 6. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth,Texas, and as set forth in the Contract Documents must be paid on this project. 7. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 8. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 9. NONRESIDENT BIDDER: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in the State of Texas,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. This provision does not apply if this contract involves Federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. -- 3/25/2005 page 3 of 4 Special Instructions to Bidders f li, Ji �lK11 11. AGE: In accordance with the policy ("Policy") of the Executive branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors,program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify, and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 12. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state, and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this -- —agreement. 13. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City of Fort Worth Ordinance, No. 13471, as amended by Ordinance No. 13781, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. Due to the special nature of this project,M/WBE goals have been waived for this project. 3/25/2005 Page 4 of 4 Special Instructions to Bidders FORTWORTH ADDENDUM NO. 1 TRENCHLESS POINT REPAIRS OF SANITARY SEWERS IN CITY OF FORT WORTH FORT WORTH WATER DEPARTMENT Water Project No. 00214 Date Issued: April 18, 2005 Bid Date: Thursday,April 21st, 1:30 PM The Special Contract Documents for the "Trenchless Point Repairs of Sanitary Sewers in City of Fort Worth", for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and modified by this Addendum No. 1. Bidders must acknowledge receipt of this Addendum on the Proposal—Part B and on the Bid Envelope. Contract Documents 1. Revise Bid Proposal, Item#2 to read per EACH emergency move in. A corrected Proposal form is provided with this Addendum. I - ? �e01 p a4 Q°r�T Civ •,oocenunear.Fvate5aceeasneeacexsaa o-F> onnoeceva oaeovevvveoo oveavacaoea-<> 85-- Ga ' 70 v �_ Chris Harder, P.E. Project Engineer WATER DEPARTMENT PLANNING AND ENGINEERING DIVISION THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102 �� (817) 871-8240 * FAx (817) 871-8195 r 11 �'. rP"'"meea on recycled paper PART B - PROPOSAL This proposal must not be removed from this book of Contract Documents. TO: Charles R. Boswell City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all equipment, materials, and labor and all incidental work required to repair various diameter sanitary sewer pipe within the project designated as: PROJECT NAME Trenchless Point Repairs of Sanitary Sewers in City of Fort Worth, Texas Water Department Project No. 00214 Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Special Contract Documents and subject to the inspection and approval of the Director of the Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and filrnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within . the time stated and for the following sums: Fort Worth Water Dept. B-1 Proposal Trenchless Point Repairs of Sanitary Sewers in City of Fort Worth Item Approx. Unit Description of Item with Unit Unit Price Amount Bid No. I Quantity Price Written in Words Bid (Furnish and install, including all appurtenant work, complete in place,the following items) 1 15 EA Job Move.,Tn Dollars and Cents Per Unit ;L==::�--. J 2. 5 EA Emergency Job Move In Ze CC) Dollars and Cents Per Unit 3. 45 EA Trenchless Point Repair of 6" diameter pipe(4' length) ()a*o1a5ak-loy1L "vrADollars and Z e C> Cents S-0,b Per Unit EA 4. 45 Trenchless Point Repair of 8" Inwrick rcc� Dollars and -&e-1-0 Cents 00' Per Unit 5. 10 EA Trenchless Point Repair of 10" OaT_j�i e(4an-"th vl� 'Dollars and e r 0 Cents ?" OD Per Unit -00 6. j 5 EA Trenchless Point Repair of 12" e(,4' 1 th diameter pi eV,) + tv, tA-,d-Sc- Dollars and Z e r 0 Cents 00-CO I,L4 0 0,06 Per Unit 7. 1 2 EA Trenchless Point Repair of 15" diamet Wri e(4' 1 th) P�% 09 Vr-- Dollars XD and Cents Per Unit 8. 2 EA TrenchlessdiPoint Repairjof 18" amety ,,pipe(4' _le h) Dollars !9-1000 0® gt and Z-er 0 Cents Per Unit Fort Worth Water Dept. B-2 Proposal 9. 2 — ^EA I Trenchless Point Repair of 21" diameter pipe(4' length) `Tyre-- on-ov-s cc Dollars and Z e+r 0 CentsQ oc� a 0 3. 00 0.00: Per Unit $ $ 10. 2 EA Trenchless Point Repair of 24" 4' len ll ars P•$e � ) ov kwrd�cd � Do ars and -Z,,--f 0 Cents (Q j 3©©. 00 Per Unit $ $ 11. 2 EA Trenchless Point Repair of 27" diameter pipe&4le gth) , Dollars and Ze�c� Cents •©0 c2 Per Unit 12. 2 EA Trenchless Point Repair of 30" Vodiamrt�l ln�c"L5 pe 4e --x Dollars ' and 7i-e{0 Cents 0 0 0.0 0 _ Per Unit $ q'000-00 - $ 13. 2 EA �Trenchless Point Repair of 33" f'a� Vipsa4' length) re ku vtd rccC Dollars and ?tee fy Cents , coo.0 0 Per Unit $ �, 04 $ 14. 2 EA ' Trenchless Point Repair of 36" t diameter pipe(4' length) c- Dollars and �-PC Cents Per Unit 000.00 $ 15. 90 ' LF Additional trenchless point repair length, 6" diameter pipe Si x4g vc. Dollars and Cents _ O S-,�r 0.0(� Per Unit = $ 0 $ 16. 90 LF Additional trenchless point repair length, 8" diameter pipe le Dollars 00 and er(0 Cents �. Per Unit $ $ 17. 20 LF Additional trenchless point repair length, 10" diameter pipe v'e— Dollars E and Centst G 00 OC) a x.0(7 Per Unit $ t $ Fort Worth Water Dept. B-3 Proposal 18. 10 LF : Additional trenchless point repair length, 12" diameter pipe V.tM�dre Dollars and Z f-rp Cents Per Unit On,00 $ ` € 19. 4LF Additional trenchless point repair length, 15" diameter pipe `�p �l�•�v�d int t� Dollars and 7-•2ro Cents - Per Unit -------fid.____.. 20. -4 LF Additional trenchless point repair length, 18" diameter pipe ` lkrc4.U-u'VIjvr-j Dollars 1 i 3 and 7,,,prc3 Cents Z©d'Go 1 Per Unit 0 21. 4 LF Additional trenchless point repair length, 21"diameter pipe 4aoj ycct Dollars and `Zero Cents t ©`Civ Per Unit $ p©, do $ 22. i 4 LF Additional trenchless point repair length,24"diameter pddipe ru Dollars t 00 and Z.e,rp Cents Per Unit 23. 4 LF Additional trenchless point repair length,27"diameter pipe I-u, AJ KA Dollars and Cents ji�po OD f Per Unit 24. 4 LF Additional trenchless point repair length,30" diameter pipe D,YU— 4y vLdJ Dollars I 3 ' and `Z2 cO Cents PerUnit $ fa•p� € $ 25. 4 LF Additional trenchless point repair length,33" diameter pipe �ej vf- OLA_VIjMCt Dollars and Z e t—O Cents '000 00 ` Per Unit $ SOQ•GY7 $ 26. 4 s LF Additional trenchless point repair f length,36" diameter pipe _ 0 Dollars d o u and `Z r--O Cents O Per Unit $ E 11 � Fort Worth Water Dept. B-4 Proposal 27. 2 -----�EA : Bypass Pumping—4"pump set-up -------- �}u�¢�4AAo iAs ct Dollars and Z�r0 Cents coo.oD Per Unit _ $ , O o 0•w $ 28. 2 EA ; Bypass Pumping—6"pump set-up 0 4A&AL,,_s c,,,,� Dollars and 7 erg Cents 000'0® L.000• Per Unit $ r�� $ 29. 2 EA ' Bypas+Pumping—8"pump set-up CL Dollars 45, OD and Z erg Cents _ 3 Per Unit _ $ Z, 30. 24 HR : Bypass Pump ing Operation o k`,/_(�"� PA4 Dollars Coo. 00 and Z-e ro Cents Y Per Unit $ a • 00 $ , 31. = 10 EA Service Lateral Re-Instatement Dollars and Cents 0 00 Per Unit 32. 14 EA E Protruding Tap Removal ve to vwt�vc'd Dollars .Z/j �3®. and `Z-e f-D Cents Per Unit TOTAL AMOUNT BID PART B -PROPOSAL(Cont.) Fort Worth Water Dept. B-5 Proposal Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% of the Total Amount Bid is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been fin-nished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. (Complete A or B below, as applicable:) �A. The principal place of business of our company is in the State of 490 Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of00 fffou/2I , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. The Bidder agrees, to begin construction within 10 calendar days after issue of the work order, and to substantially complete the contract within 365 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) e—Z Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) s Fort Worth Water Dept. B-6 Proposal Respectfully submitted, By: Title Address Or Telephone: Alf (Seal) Date: o70-O S Fort Worth Water Dept. B-7 Proposal 4 PART C GENERAL CONDITIONS N SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents, the following terms or pronouns in place are used,the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all the written and drawn documents, such as specifications,bonds, addenda,plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. A. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS WHITE PART B - PROPOSAL WHITE PART C - GENERAL CONDITIONS YELLOW PART D - SPECIAL CONDITIONS GREEN PARTE - SPECIFICATIONS WHITE PART F - BONDS WHITE PART G - CONTRACT WHITE B. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: x PART A - NOTICE TO BIDDERS PART B - PROPOSAL PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PARTE - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bond separately) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or fiunished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the Notice to Bidders. Fort Worth Water Department C- 1 General Conditions C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal,which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person,persons, firm, or partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. C1-1.7 SPECIAL CONDITIONS: Special Conditions are the.specific requirements which are necessary for the particular project covered by the Contract Documents and not - specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. -- ---Ci .8-PEC QATI0NS:the-Specifications is that section of part of the Contract---- -- - - Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment, and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations,requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and faithful performance of the contract and shall include the following: A. Performance Bond(See paragraph C3-3.7) B. Payment Bond(See paragraph C3-3.7) C. Maintenance Bond(See paragraph C3-3.7) D. Proposal of Bid Security(See Special Instructions to the Bidders,Part A and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions made by the Owner's representative showing in detail the location, dimension, and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, Fort Worth Water Department C-2 General Conditions q4 E t t working drawings,preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents,but they are a part of the Contract Documents just as though they were bound therein. Cl-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by charter vested in the City Manager. Terms City and Owner are synonymous. p C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro Tem of the City of Fort Worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed official of the City of Fort Worth, Texas,referred to in the Charter as the City Engineer, or his authorized representative. C1-1.19 ENGINER: The Director of Public Works, the Director of the Fort Worth Water Department, or their duly authorized assistants, agents, engineers,inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person,persons,partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials, or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes herein. Fort Worth Water Department C-3 General ontlioJis U nit ulL�a C1-1.22 THE WORK OR THE PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor,materials,tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1.23 WORKING DAY: A working is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven(7) hours between 7:00 AM and 6:00 PM,with exceptions as permitted in paragraph C7-7.6. Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City Employees as follows: New Year' Day January 1 M.L.King,Jr.Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor nam __--First-Monday_in_September Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Fourth Friday in November Christmas Day December 25 Such other days in lieu of holidays as the City Council may determine When one of the named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday,it shall be observed on the following Monday,by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as a holiday. C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents,the intent and meaning shall be as follows: AASHTO American Association of State Highway Transportation Officials ASCE American Society of Civil Engineers LAW In Accordance With ASTM American Society of Testing Materials AWWA American Water Works Association ASA American Standards Association HI Hydraulic Institute Asph. Asphalt - Ave. Avenue Blvd. Boulevard CI Cast Iron Fort Worth Water Department C-4 General Conditions f CL Center Line GI Galvanized Iron Lin. Linear or Lineal MH Manhole Max. Maximum Min. Minimum MGD Million Gallons Per Day ` CFS Cubic Foot per Second R Radius I.D. Inside Diameter O.D. Outside Diameter F Fahrenheit C Centigrade In. Inch Ft. Foot St. Street CY Cubic Yard Yd. Yard SY Square Yard L.F. Linear Foot D.I. Ductile Iron C1-1.27 CHANGE ORDER: A"Change Order"is a written supplement agreement -- between-the-O-wnerand-the-Contractor cov rirg-same-ddecl-or deducted item er feature ------- which may be found necessary and which was not specifically included in the scope of the project on which the bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary p furnished by the Contractor. P6 C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: A. Any type of asphaltic concrete with or without separate base material B. Any type of asphalt surface treatment, not including oiled, surface C. Brick, with or without separate base material D. Concrete,with or without separate base material E. Any combination of the above C1-1.29 UNPAVED STREETS AND ALLEYS: An unpaved street, alley, roadway, or other surface is any area, except those defined above for"Paved Streets and Alleys". C1-1.30 CITY STREETS: A city street is defined as that area between the right of way lines as the street is dedicated. Fort Worth Water Department C-5 General Conditions C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') feet back of the curb lines or four (4') feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Fort Worth Water Department C- 6 General Conditions SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders-with proposal form,which will contain an itemized list of the items of work to be done or materials to be famished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed,provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record", "Equipment Schedule", and "Financial Statement", all of which must be properly executed and filed with the Director of the City Water Department one week prior tb the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten(10%)percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project,it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are being received,and such experience must have been on projects completed not more than five(5) years prior to the s date on which bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any For Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided,without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Fort Worth Water Department C-7 Genera]Conditions Bidders are required,prior to filing of proposal, to read and become familiar with the Contract Documents,to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests,borings, and by such other means as may be necessary to gain a complete knowledge of the conditions which may be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing work or the time required for its completion, and obtain all information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation,research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations, and tests herein required. Claims for additional compensation due to variations between the conditions encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2-4-SUBMITTING-OF-PROPOSAI✓-The Bidder shall s-ubu t-1u�'roposal-on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices,written in ink in both words and numerals, for which he proposes to do the work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between the price written words and the price written in numerals, the'price most advantageous to the City shall govern. If a proposal is submitted by an individual,his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member.of the•firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign the proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration or words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. Fort Worth Water Department C-8 General Conditions EC2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the"Notice to -- Bidders" and the "Proposal". The Bid security is required by the Owner as evidence of E good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will, within the required time, execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest-bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders". It is the Bidders sole responsibility to deliver the proposal at the proper time to the proper a place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the work"PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. p C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City I Manager cannot be withdrawn prior to the time set for opening the proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner,be returned unopened. P C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals,provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the written signature of the bidder was mailed prior to the proposal opening time. If such confirmation isnot received within the forty-eight (48)hours after the proposal opening time, no further consideration will be given to the proposal. ,C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request"has been received will be publicly opened and read aloud by the City Manager or his duly authorized representative at the time and place indicated in the"Notice to Bidders". All proposals which have been i opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being - "Irregular"if they show any omissions, alterations of form, additions, or conditions not Fort Worth Water Department C-9 General Conditions called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering of a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of,.but not limited to , the following reason: A. Reasons for believing that collusion exists among bidders B. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. D. The bidder being in arrears on any existing contract or having defaulted on a previous contract. E. The bidder having performed a prior contract in an unsatisfactory manner. F. Lack of competency as revealed by the financial statement, experience of record, equipment schedule, and such inquiries as the Owner may see fit to make. G. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. -—H. —Thno f mwg itLe wner, one weekin a vane o the hour of ----the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A"-Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. Fort Worth Water Department C- 10 General Conditions SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS � C3-3.1 CONSIDERATION OF PROPOSALS: After the proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices,.the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking,the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner,the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner,upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a Woman-Owned Business Enterprise (WBE) on the contract and the payment therefore. Contractor further agrees,upon request by the Owner, to allow and audit and/or an examination of any books,records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or - WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state, or local laws and ordinances relating to false statements;-further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion forbidding on future Contracts with the Owner for a period of time not less than six (6)months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and, at his request,will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified-applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made at to the responsibility of the proposed awardee. 6 Fort Worth Water Department C- 11 General Conditions The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion,return the proposal security which accompanied the proposals which, in its judgment,would not be considered for the award. All other proposal securities, usually those of the three lowest bidders,will be retained by the Owner until the required contract has been executed and bond furnished by the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: A. Performance Bond: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against the damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. - - --- -----This per ormancebond s�ialrgu�ee Me paymen ora -la or, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until-the provisions as above stipulated are accomplished and final payment is made on the project by the city. B. Maintenance Bond: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. Payment Bond: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contact being constructed under these specifications. Payment bond shall remain in full force until all payments as above stipulated are made. D. Other Bonds: Such other bonds as may be required by these Contract _ Documents shall be famished by the Contractor. Fort Worth Water Department C- 12 General Conditions No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms fiirnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable,the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and the Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten(10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and other such bonds as may be required in the Contract Documents. No contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten(10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the Owner by reason of said Awardee's failure to execute said bonds and contract within ten(10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order"or"Proceed Order", it is agreed that the Surety Company will,within ten(10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. Fort Worth Water Department C- 13 Genera] Conditi"dh_s I 57I�f" C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime contractor shall be responsible for delivering to the Owner the sub-contractor's certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include.the coverage of all sub-contractors. A. Compensation Insurance: The Contractor shall maintain, during the life of this contract, Workers Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub- contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not - so protected. B. Comprehensive General Liability Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property - - DamageInsurance) in no ess than 500;000 covering each occurrence on account of bodily injury, including death, and in an amount not less than$500,000 covering each occurrence on account of property damage with$2,000,000 umbrella policy coverage. C. Additional Liability: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage,the following insurance: 1. Contingent Liability(covers General Contractor's Liability for acts of sub-contractors.) 2. Blasting,prior to any blasting being done. 3. Collapse of building or structures adjacent to excavation (if excavations are to be performed adjacent to same). 4. Damage to underground utilities for$500,000. 5. Builders risk(where above-ground structures are involved) 6. Contractual Liability(covers all indemnification requirements of Contract). Fort Worth Water Department C- 14 General Conditions 1 t D. Automobile Insurance—Bodily Iniury and Property Damage: The Contractor shall procure and maintain, during the life of the Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than$500,000 on account on one accident, and automobile property damage insurance in N an amount not less than$100,000. E. Scope of Insurance and Special Hazard: The insurance required under the above paragraphs shall provide adequate protection for the.Contractor and h his sub-contractors,respectively, against damage claims which may arise C from operations under this contract,whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. F. Proof of Carriage of Insurance: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. All insurance requirements made upon the Contractor shall apply to the sub- contractor, should the Prime Contractor's insurance not cover the sub- contractor's work operations. G. Local Agent for Insurance Bondin;: The insurance and bonding companies with whom the Contractor's insurance and performance, payment,maintenance and all such other bonds as written shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified one upon whom service of process may be had, and must have the authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant, or any property owner who has been damaged,may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor, and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of P_ wages to all persons engaged in work on the project at the site of the project shall be f Fort Worth Water Department C- 15 General Conditions furnished to the Owner's representative within seven(7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posed in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor,by the Owner; however,posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADNIIMSTRATION: Any Contractor, whether a person,persons,partnership, company, firm, association, corporation, or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities,will have or shall establish a fully operational business office within the Fort Worth Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office(or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise, and as such shall be empowered,thus delegated and directed, to settle all material, labor, or other expenditures, all claims against the work or any other matter associated with such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable,by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration,whether it be oriented in furthering the work, or other,be governed directly by local authority. This same requirement is imposed on insurance surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer,the Engineer, at his sole discretion,may demand that such local.representative be replaced and the Engineer may, at his discretion, stop all work until a new local authority satisfactory to the Engineer, is assigned. No credit of working time sill be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. Fort Worth Water Department C- 16 Genera]Conditions u; SECTION C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete,useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall,unless otherwise specifically stated in these Contract Documents, furnish all labor, tools,materials,machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by the General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, the"Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such"Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item ` or items or work to be done or materials to be furnished by the 25 percent or more,then either party to the contract shall upon written request to the other part be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for"Extra Work". No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size,but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable t insure completion in the most satisfactory manner,provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. p Fort Worth Water Department C- 17 General Conditions C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a"Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: A. Unit bid price previously approved B. An agreed lump sum C. The actual reasonable cost of(1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3)materials entering - permanently into the project, and(4) actual cost of insurance,bonds, and social security as determined by the Owner,plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be - -- full and comp e e compensa ion, o cover the cos-t-o-f superintendmrce-,-- — overhead, other profit, general and all other expense not included in(1), (2), (3), and(4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts,bills,vouchers, and records relating to "Extra Work". No "Change Order" shall become effective until it has been approved and signed by each of the contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve"Extra Work" for which he should receive compensation,he shall make written request to the Engineer for written orders authorizing such`Extra Work",prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual and reasonable cost thereof as provided under method (Item Q. Claims for"Extra Work"will not be paid unless the Contractor shall file his claim with the Owner within five (5)before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. Fort Worth Water Department C- 18 General Conditions r The Contractor shall furnish the Owner such installation records of all deviations from _ the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for"Extra Work" whether or not initiated by a"Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work,whether said costs are known,unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead,ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this Contract,the Contractor shall submit to the Owner and receive the Owner's approval thereof, a"Schedule of Operations" showing by a straight line method the date of commencing and finishing each of the major elements of the Contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction within the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8 %"x 11" sheets and at least five black or blue prints shall b e furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITES: Within ten(10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work,the date of which he will start the several major activities (including procurement of materials,plans, and equipment) and _ the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM)network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in the contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal.and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: Fort Worth Water Department C- 19 General Conditions A. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements, and completion time. B. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the Contract shall not be accounted for within the duration of each activity. D. One critical path shall be shown on the construction schedule. E. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. F. Thirty days shall be used for submittal review unless otherwise specified. - —The construction schedule shall.as-a—m-inimum�e divided into general categories as - - indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall be identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts,the construction schedule shall indicate the following procurements, construction and pre-acceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals 2. Submittal review periods 3. Shop fabrication and delivery 4. Erection or installation 5. Transmittal of manufacturer's operation and maintenance manuals 6. Installed equipment and materials testing 7. Owner's operation instruction (if applicable) 8. Operational testing 9. Final inspection Fort Worth Water Department C-20 General Conditions i If, in the opinion of the Owner, work accomplished falls behind that scheduled,the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable,he may require the Contractor to increase the work force, the construction plant and equipment,the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. P Fort Worth Water Department C-21 General Conditions SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials famished,work performed, rate of progress of the work, overall sequence of construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation,mutual rights between the Contractor and Owner under the Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means,methods,techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the Contract Documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition of the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters,the Engineer must, within a reasonable time, upon written requ s of-the-Con ac or, ren erand deliver o oth the-Owner-and-Contractor,—a-written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with the lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections,which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimensions shall govern over scaled dimensions,plans shall govern over specifications, special conditions shall govern over general conditions, and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event that the Contractor discovers an apparent error or discrepancy,he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. Fort Worth Water Department C-22 General Conditions C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the 6 progress thereof and shall cooperate with the Engineer,his inspector, and other Contractors in every way possible. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent,English—speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract-Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be a subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the - emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar day or on a working day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action,within 24 hours, the City may take such remedial action with City forces or by contract. The City shall-then deduct an amount equal to the entire costs for such remedial action,plus 25%, from any funds due the Contractor on the project. Fort Worth Water Department C-23 General Conditions C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be-not less than 10 by 14 feet in floor area, substantially constructed,well heated, air conditioned, lighed and weather-proof, so that documents will not be damaged by the elements. C5-5.7 CONSTRUCTION STAKES: The City,through its Engineer, will furnish the Contractor will all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines grade, and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25%will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City inspectors will be au oriffedf to m` spectll work clone and To eand e and allm-at6rd-als fiimishe--such - - inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A.City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed,to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the material or equipment furnished or the manner of performing the work,the City Inspector will have authority to reject materials or equipment and to suspend work until the question at issue can be referred to and be decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work,not to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents,provided, however, should the Contractor object to any orders or instructions of the City Inspector,the Contractor may within six days make written appeal to the Engineer for his decision on-the matter in controversy. Fort Worth Water Department C-24 General Conditions y J C5-5.9 INSPECTOR: The Contractor shall Runish the Engineer with every reasonable [= facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests,the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination,the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable,the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove to be unacceptable,the I� uncovering or removing and the replacing of all adjacent, defective, or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority,will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the Engineer made un e� the provisions of this paragraph, the Engineer will have the authority to cause the defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective work or unauthorized work shall not constitute acceptance of such works. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit the Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to Engineer for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of the equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of the Engineer who will be the judge of the equality and may require the Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses Fort Worth Water Department C-25 General Conditions :� �.�ljL�%WqU and expenses (including attorney's fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to' make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of the materials,unless otherwise specified,will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not,without specific written permission of the Engineer,use the materials represented by the samples until the tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete,using samples from the aggregate, cement, and mortar which are to e use . ater m t e concrete. ou e source o supf—ply change,new ests sdiall�sa - made prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer,they shall be placed on wooden platforms or other hard, clean, durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains,water mains, conduits, sewer lines, and service lines for all utilities, etc, is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation, for Extra Work, or for increasing the pay quantities in any manner whatsoever,unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works,provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. Fort Worth Water Department C-26 General Conditions 4 It shall be the Contractors responsibility to verify the locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate g such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all existing utility companies at least forty- eight(48)hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary y work. C5-5.15 INTERRUPTION OF SERVICE: A. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary,the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department as to location, time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to time and schedule of interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's F entrance door knob. The tag shall be durable in composition, an in large bold type shall say: NOTICE E Due to Utility Improvement in Your neighborhood,your(water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short As possible. Thank You, Contractor Address Phone Fort Worth Water Department C-27 General Conditions B. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If,through acts or neglect on the part of the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub- contractor shall assert any.claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor,who shall indemnify and save harmless the Owner against such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four(24)hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct -- action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action,plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, ore a accep ance an a paymen wi �e made,tl e Contraztor-shall clean-- and remove from the site of the project all surplus or discarded materials,temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished, and new appearing condition. No extra compensation will be made to the contactor for any clean-up required on the project. C5-5.18 FINAL ACCEPTANCE: Whenever the work provided for in and contemplated under"the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within ten (10) days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. Fort Worth Water Department C-28 General Conditions f ti { SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances, and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order,whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES MATERIALS, AND PROCESSES: If the Contractor is required or desires to use any design, device,material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from the patents, trade-marks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, or any trade-mark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay for reason of such infringement at any time during the prosecution of the work,provided, however,that the Owner will assume the responsibility to defend any and all suits brought for infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, Nand to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to the cleanliness and disposal of garbage and h waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation or a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work,properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. Fort Worth Water Department C-29 General Conditions C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be son conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including,but not limited to, safe and convenient ingress and egress to properly contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operation, at all driveway crossings. Such provisions may include bridging,placement of crushed stone or gravel, or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location,the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense,provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work, shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes,police call boxes, water valves, gas valves, or manholes in the vicinity. The Uwner reserves the n� o�f- reme y�egle-ct once par t of the Contractor as regards to public convenience and safety which may come to the attention, after twenty-four(24) hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case,the cost of such work done or materials furnished by the Owner, or by the City, shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department,when a street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back into service. Where the Contractor is required to construct temporary bridges, or make other arrangements for crossing over ditches or streams,his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures or such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Whenever any such damage may be done, the Contractor shall immediately satisfy all claims of the property owners, and no payment will be made by Fort Worth Water Department C-30 General Conditions the Owner in settlement of the claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted- C6-6.6 PRNELEGES OF CONTRACTOR IN STREETS ALLEYS AND RIGHT OF WAY: For performance o f the contract, the Contractor shall be permitted to use and occupy such portions of the public streets and alleys, or other public places or other right- of-ways as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A 1 reasonable amount of tools,materials, and equipment for construction purposes may be stored in such space,but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not s to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks,the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may,for all purposes required by the contract, enter upon the work and premises used by the Contractor, and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City shall secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the method of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five (5) days prior to the time of his intentions to begin the work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place,the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under }l construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways", Fort Worth Water Department C-31 General Conditions issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701 d Veron's Civil Statutes,pertinent sections being Nos. 27, 29, 30, and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction,the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. It the temporary sign is not installed correctly or if it does not meet the required specifications,the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own - expense.-7he C-ontra-etors-r-espons--iiiiity-for tlse m—airitenatrce-of b-airc-ades migris,-fences, and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents,will be paid to the Contractor for the work and materials involved in the constructing,providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES,DROP WEIGHT ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner,not less than twenty-four(24)hours in advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Construction Documents, or the use of explosives is requested,the Contractor shall submit notice to the Engineer in writing twenty-four(24)hours prior to commencing and Fort Worth Water Department C-32 General Conditions N shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten(10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored, or kept, they shall be stored in a safe and secure manner 6 and all storage places shall be plainly marked"DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchmen at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible,not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work are shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any u purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy famished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery,plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, and to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along or adjacent to the work. P f The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least forty-eight (48)hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants,whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work,material, or equipment. Fort Worth Water Department C-33 General Conditions When and where any direct or indirect injury is don to public or private property on account of any act, omission, neglect, or misconduct of the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done,by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original condition or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts provided at the permanent easement limits, before the fence is cut. Temporary fencing shall be erected in place of fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures, and replacement shall be subsidiary to the various items bid in the project proposal. Therefore,no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury,the Owner may,upon forty-eight(48)hours written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair,rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and,the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of r all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between the Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between the Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to and does hereby indemnify,hold harmless and defend, at its own expense, Owner, its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatever kind or character, whether real or asserted, arising out of Fort Worth Water Department C-34 General Conditions or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or [ invitees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART BY THE ALLEGED NEGLIGENCE OF ITS OFFICERS,AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LISCENSEES, AND INVITEES OF THE CITY; and said Contractor does hereby covenant and agree to assume all liability and responsibility of City, its officers, agents, servants and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees and invitees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF THE CITY. Contractor likewise covenants and agrees to, and does hereby indemnify and hold harmless the City from and against any and all injuries, damage, loss or destruction to property of the City during the performance of any of the a terms and conditions of the Contract, WHETHER ARISING OUT OF OR IN u CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART,ANY AND ALL ALLEGED ACTS OR OMISSIONS OF THE OFFICERS,AGENTS, SERVANTS,EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE OWNER. pIn the event a written claim for damages against the contractor or subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of thirty(30) days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, f the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-fmal payment to be in the amount equal to the dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: A. The claim has been settled and a release has been obtained from the claimant involved, or ., �!JNg Fort Worth Water Department C-35 General Conditions " �� �� B. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition(A) above is met at any time within the six month period,the Director shall recommend that the final payment to the Contractor be made. If condition(B) above is met at any time within the six month period,the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period,the Director may recommend that final payment be made if all other work has been performed and all other obligations to the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate,refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner,he shall within three days after the actual sustaining of such alleged damage,make a written statement to the Engineer, setting out in detail the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account,receipts, vouchers, -- —bills—of a g,and o er oo sor papers containing any-evidencz-as to-the-amount-off - -such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES: In case it is necessary to change,move, or alter in any manner the property of a public utility or others,the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs,pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service Fort Worth Water Department C-36 Genera]Conditions k and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the-use of all existing fire hydrants and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water,the charges, if any, for water will be at the regularly established rates. When meters are not used, the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies,payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever,in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver or any of the provisions or these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall be performed by the Contractor at his own expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or non-execution of the work. The Contractor shall rebuild,repair, restore, and make good at his own expense all injuries or damages to any portion of the work occasioned by any of the hereinabove causes. _ C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. Fort Worth Water Department C-37 General Conditions The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power or authority granted thereunder,there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, excise, and Use Tax Act,the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with the State Comptroller's Ruling .007. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and — shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas.Limited Sales,Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right way oro er easement w c as een a ica a fo�he - - -- " public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Limited Sale,Excise,and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Austin, Texas Fort Worth Water Department C-38 General Conditions R SECTION C7-7 PROSECUTION AND PROGRESS C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with assistance of workman under his immediate superintendence, work of a value of not less than fifty(50)percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees and workmen of the e Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all 1 times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the contract or his rights,title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in the Sureties. If the Contractor does,without such previous consent, assign,transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy,voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under'or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that ` it would be impracticable and extremely difficult to fix the damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly pay estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he i has received written approval from the Engineer. Such specification or approval by the i Fort Worth Water Department C-39 Genera]Conditions I Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public right of way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress.before the work is commenced on the additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor if available. The Contractor may bring in from outside the City.of Fort Worth his key man and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Confractor m or-about or on the work—who, in t1fe opinion o the wner, shaff-misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work,workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in C1-1.23 "WORKING DAY" or the date stipulated in the"WORK ORDER" for beginning work,whichever comes first. Fort Worth Water Department C-40 General Conditions i I i Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday, or Legal Holidays,providing that the following requirements are met: A. A request to work on a specific Saturday, Sunday, or Legal Holiday must be made to the Engineer no later than the preceding Thursday. B. Any work to be done on the project on such a specific Saturday, Sunday, or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. �I The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday, or Legal Holiday, and no extra compensation will be allowed to the Contractor for any work performed on such specific Saturday, Sunday, or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. n C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. I� The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TE1I COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time or completion of the work, consideration will be given to unforeseeable causes beyond the control of an without the fault of negligence of the Contractor, including but not limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery i Fort Worth Water Department C-41 General Conditions on schedule. This shall include efforts to obtain the supplies and materials from altcmate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7.9 DELAYS: The Contractor.shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide materials or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall,however,be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all obligations hereunder which shall remain in full force until the discharge of the contract. C7-7:1Q—TI fE-OF-COWLEnDN--TYe-time o comp e ion is an esse-nTi—al element oT -- -the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed,the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents,will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. Fort Worth Water Department C-42 General Conditions AMOUNT OF CONTRACT Less than$5,000 inclusive $35.00 $5,001 to $15,000 inclusive$45.00 $15,001 to $25,000 inclusive$63.00 k $25,001 to $50,000 inclusive$105.00 r $50,001 to 100,000 inclusive $154.00 $100,001 to $500,000 inclusive $210.00 $500,001 to $1,000,000 inclusive $315.00 $1,000,001 to $2,000,000 inclusive $420.00 $2,000,000 and over $630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the 1 Contract Documents would be incapable or very difficult of accurate estimation, and that the"Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the city in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor y shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. A Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault-or negligence of the Contractor, as set forth in h r Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time,then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer tat Fort Worth Water Department C-43 General Conditions C c,, construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever,because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor,materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract,then if the Owner cannot after reasonable effort, assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Owner shall comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and inal paymen shalt ade in accordance with- thele-rens-of-the agree se le-merit,which shall include,but not be limited to, the payment for all work executed,but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under contract shall be suspended immediately upon written order of the Engineer or the contract may be declared cancelled by the City Council for any good and sufficient cause. The following,by way of example,but not of limitation,may be considered grounds for suspension or cancellation: A. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. B. Substantial evidence that the progress of the work operations by the Contractor is insufficient to complete the work within the specified time. .C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. D. Substantial evidence that the Contractor has abandoned the work. E. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry out the work satisfactorily. Fort Worth Water Department C-44 General Conditions F. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. G. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. H. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. I. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. J. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. K. If the Contractor commences legal action against the Owner. A copy of the suspension order or - action ofthe City Council shallbe served on t e Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue,'and may perform the same or may,with the written consent of the Owner, sublet the work or that portion of the work as taken over,provided however,that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and the Sureties or their authorized agents. The Sureties, in such event shall assume the contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contact Documents. All monies remaining due the Contractor at the time of this default i shall thereupon become due and payable to the Sureties as the work progresses, subject to i all terms of the Contract Documents. In case the Sureties do not,within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine,the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of an use any materials,plants, tools, g equipment, supplies, and property of any kind provided by the Contractor for the purpose p of carrying on the work and to procure other tools, equipment, materials, labor, and property for the completion of the work, and to charge to the account of the Contractor of Fort Worth Water Department C-45 General Conditions said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents in such a manner as to not hinder or interfere with performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law,when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed,the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. Notice of Termination: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section,whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination is to become effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. B. Contractor Action: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination. 2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated. Fort Worth Water Department C-46 General Conditions 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination. 4. Transfer title to the Owner and deliver in the manner, at the times, and to the extent,if any, directed by the Engineer. a. The fabricated or un-fabricated part,work in process, completed work, supplies, and other material produced as part of, or acquired in connection with, the performance of the work terminated by the notice of termination. b. The completed, or partially completed plans, drawings, n information and other property which, if the contract had n been completed,would have been required to be.furnished by the Owner. h 5. Complete performance of such part of the work as shall not have been terminated by the notice of termination. 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination,the Contractor may submit to the Engineer a list, certified as to the quantity and quality of any or all items of termination inventory not previously 'I disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary r adjustments to correct the list, as submitted, shall be made prior to final settlement. u C. Termination Claim: Within 60 days after notice of termination, the 8 Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in n writing are granted by the Owner upon request of the Contractor,made in writing h within such 60 day period or authorized extension thereof, any an all such claims shall be conclusively deemed waived. D. Amounts: Subject to the provision if Item C7-7.16, the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided,that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as Fort Worth Water Department C-47 General Conditions further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7-7.16 hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit,restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. Failure to Agree: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to the Contractor by reason of the termination of work on the basis of information available to it, the amount,if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. Deductions: In arriving at the amount due the contractor (under this section, there shall be deducted(a) all un-liquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) an y claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies, or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or - - crecti`te o e caner. _ G. Adjustment: If the termination hereunder be partial,prior to the settlement of the terminated portion of the contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or price specified in the contract relating to the continued portion of the contract (the portion not terminated-by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner an d the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. , No Limitation of Rights: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled"Suspension of Abandonment of the Work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. Fort Worth Water Department C-48 General Conditions The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. Fort Worth Water Department C-49 General Conditions SECTION C8-8 MEASURMENT AND PAYMENT C8-8.1 MEASURMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C8-8.2 UNIT PRICES: When in the Proposal a"Unit Price"is set forth, the said"Unit Price" shall include the furnishing by the Contractor of all labor, tools,materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The"Unit Price"shall include all permanent and temporary protection of overhead, - surface, and underground structures, cleanup, finished, overhead expense, bond, insurance,patent fees, royalties, risk due to the elements and other causes, delays,profits, injuries, damage claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place an in a satisfactory condition of operation. C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum"is set forth,the said"Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools,materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or form the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in Paragraph C5-5.14)for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements or patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct; renew, or replace at his own and-proper expense, any defects Fort Worth Water Department C-50 General Conditions i or imperfections in the construction or in the strength or quality of the material used or equipment and machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects,which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one year guarantee period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. _ C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1St and 5th day or each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10th day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars in amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five(25) days after the regular estimate period. The City will have the option of preparing estimated on form furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work,which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed.(such payment will be allowed on a basis of 85%-of the net invoice value t ereoe Contractor sh-all - --- -- --- furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimates rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect,be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor,the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner,will within a reasonable Fort Worth Water Department C-51 General Conditions time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council,provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: prior submission of the final estimate for payment,the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials Tiave een pai m- -i11 a e wage sca dab i�shec by the Ci ouncil in e i' y Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or fitrnished or relating to the work under the Contract Documents or any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project,provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. Fort Worth Water Department C-52 Genera] Conditions h' C8-8.10 GENERAL GUARANTEE: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guarantee as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents, or the Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration,rock excavation, and clean-up are general items of work _ which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be --- ----allocated under various bid items it e Proposal to unit prices for q miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one- tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. 'C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings, and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work. r Fort Worth Water Department C-53 General Conditions SECTION Cl: SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end,of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof The Contractor will furnish the Engineer such information as maybe reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (1.0%). For contracts of$400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future _ payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D - Special Conditions. D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" E. C6-6.12 CONTRACTOR'S RESPONSIBLITY FOR DAMAGE CLAIMS: Pa e.:.;C6 (8), is deleted in its entirety and replaced with the following: '�'�y��,/�°,� s 'rJ , Fort Worth Water Department CS-1 Supplementary Condi�on§�' vTk. 7 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from.and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, dama,-e or death is caused, in whole or in part, by the negligence or alleged ne,-licence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alle-ed negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b)provides Owner with a letter from Contractor's liability.insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F. INCREASED OR DECREASED QUANTITIES: Part C - General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph"h. ADDITIONAL INSURANCE REQUIREMENTS" Fort Worth Water Department CS-2 Supplementary Conditions i I i a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. ` c. Any failure on part of the City to request required insurance documentation shall not t constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. r �! e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. d h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for Y contractor's insurance. t j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. Fort Worth Water Department CS-3 Supplementary Conditions � I in. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. . H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for famishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furbished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4) is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents,nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2)years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Fort Worth Water Department CS-4 Supplementary Conditions ff� i Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of facceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C - General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL,Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders ( must have the proposal actually delivered. Each proposal shall be in a sealed envelope I plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division,P.O. Box 17027, Fort Worth,Texas _76102_ ( C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing 1 Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud,the proposals for i which non-consideration requests have been properly filed may, at the option of the Owner,be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of-the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS):Reference Part C, General Conditions, dated November 1, 1987; (City let projects)make the following revisions: 1. Page C3-3(3);the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: Fort Worth Water Department CS-5 Supplementary Conditions In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph"a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph"g. LOCAL AGENT FOR INSURANCE AND BONDING". L: RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent-books, documents,papers-and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract,have access to and the right to examine and photocopy any directly pertinent books, documents,papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: 1. 50 copies and under- 10 cents per page 2, More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter Fort Worth Water Department cs-6 Supplementary Conditions M. SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be fremoved to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements,page C6-6(4),part C - General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part C - General Conditions, Section C6-6.8 BARRICADES,WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five(5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. O. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation(other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than thee (3)years. P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: E (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined City Council of the City of Fort Worth to be the prevailing wage rates in accord r-14 ` ��' �� �11K"I Chapter 2258, Texas Government Code. Such prevailing wage rates are includ d i#Rib �E°ELAI py Fort Worth Water Department CS-7 Supplementary Conditions contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work,maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit (Rev. 9/30/02)pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Fort Worth Water Department CS-8 Supplementary Conditions t f PART D - SPECIAL CONDITIONS 1 D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and Specifications, effective January 1, 1978,with the latest revisions, are made a part of the Contract Documents for this project. The Plans, Special Conditions and Provisions Documents, and the rules, regulations, requirements, instructions, f drawings or details referred to by manufacturer's name, number or identification included therein as I specifying, referring, or implying product control, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative:therefore, ( work or material called for by one and not shown or mentioned in the other shall be accomplished I or furnished in a faithful manner as though required by all. The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Owner shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Special Contract Documents and Specifications 3. General Contract Documents and Specifications The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the General Documents under the provisions stated above. D-2 PROJECT DESIGNATION: Work under these Special Documents shall be performed under p. the following Fort Worth Water Department Project Designation: Trenchless Point Repairs Of Sanitary Sewers in City of Fort Worth Water Department Project No. 00214 t D-3 MINORITY AND WOMEN BUSINESS (M/WBE) ENTERPRISE COMPLIANCE: Due to the special nature of the work, M/WBE goals have been waived for this project. Please refer to Part C1 Supplementary Conditions to Part C, Section B, Item D MINORITY AND WOMAN BUSINESS (M/WBE) ENTERPRISE COMPLIANCE for a detailed description of the M/WBE requirements. D-4 PRE-PROJECT CONFERENCE AND SUBMITTALS: Before the project notice to proceed is issued, a pre-project conference shall be held with representatives of the City Water Department and the successful Contractor. Contractor shall submit a Spill Prevention Plan, a Safety Plan, an equipment list and a list of personnel and contact names, their phone numbers and email address. D-5 PERMITING, INSURANCE AND ADDITIONAL REQUIREMENTS: Seven days prior to initiating operations, the Contractor shall apply for an Environmental Site Permit with the City of Fort Worth Water Department, Pretreatment Services Division (817) 871-8305. All vehicles and equipment used in the transportation, storage and disposal of debris removed during cleaning operations are required to meet criteria as described in City of Fort Worth Ordinance No. 12274, Article VII "Liquid Wastes". A copy of this Ordinance is available for review at the office of the Engineer. The Contractor's transporters must be registered with the Texas Commission on Environmental Quality (TCEQ). - All solids or semi-solids resulting from the cleaning operations shall be characterized by the Contractor. The Contractor shall dispose of the waste at the Cold Springs Processing facility, an approved disposal site for this waste classification. All materials shall be removed from the site,at IPart D SC - 1 3/25/2005 a minimum, at the end of each workday. Waste may not be stored in a TCEQ permitted mobile closed container for more than 4 days. The Contractor shall prepare and submit a "Spill Prevention and Counter Control Plan" that will address handling of any spills to the environment. If an accidental discharge or spill occurs during cleaning, collection or transportation activities,the Contractor is responsible for taking appropriate actions to prevent harm to human health and the environment as required by applicable Federal, State and local laws. The Fort Worth Department of Environmental Management and Water Department Pretreatment Services shall be contacted immediately. Registered transporters must maintain copies of theirTCEQ registration letterand application in all vehicles used on the project. The transporter must maintain a record of each individual collection and deposit in the form of a trip ticket. (See City of Fort Worth Ordinance No. 12274, Article VII, Section 12.5-711, (k).) Environmental Site Inspections can be made at any time during the duration of the project. Proof of properTCEQ registration and trip ticket records must be provided immediately when requested. Both State and City will perform environmental site inspections during the course of the project. The Contractor WILL NOT BE ALLOWED to apply chemicals or biological materials for the purpose of root control or grease removal on this project. D-6 DETERMINATION AND INITIATION OF WORK: The Engineer shall determine and designate to the Contractor the.location of the sewer main requiring a point repair by a Work Order. The Engineer shall notify the Contractor that a Work Order is ready and fax the Contractor a copy of the Work Order notification with maps. The Contractor is to provide his-fax number to the Engineer at the Pre-Construction Conference. Single or several work orders may be issued at one time. The Contractor shall initiate work within seven (7)working days of the date the Work Order is faxed to the Contractor, and continue work on the Work Order until it has been completed. The Contractor shall furnish and supply sufficient equipment and personnel to complete the Work Order in the amount of time provided for in the Work Order. Should the Contractor fail to start any Work Order within the time specified, he shall add the necessary work crews and equipment to prosecute the work to complete the Work Order or Work Orders in the time provided thereof. D-7 WORK ORDER COMPLETION TIME: Reference Part C, General Conditions, Section C7-7 Prosecution and Progress, paragraph C7-7.10 Time Of Completion, the first two subparagraphs shall not apply and shall be superseded by the following: The time of completion of each individual Work Order is an essential element of this contract. Each Work Order issued will have a maximum number of calendar days allowed forthe completion of that specific Work Order. The number of calendar days specified will be calculated as follows: The total estimated cost for the specific Work Order divided by 1500 (rounded up) + 15 days = Number of Calendar Days allowed for completion of the Work Order. If a new Work Order is issued before the expiration of Calendar Days of the previous Work Order, the number of Calendar Days for the new Work Order will be added to the calculated completion date of the previous Work Order. Failure by the Contractor to complete the individual Work Order within the specified time allowed will be interpreted as liquidated damages suffered by the Owner. For each calendar day that any Work Order shall remain uncompleted after the time specified in the Work Order,or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered Put D SC - 2 3/25/2005 1 after the Work Order is issued,the sum per day, per Work Order, as outlined in the schedule under Part C, Section C7-7 Prosecution and Progress paragraph C7-7.10 Time of Completion, will be deducted from monies due the Contractor. D-3 BID QUANTITIES: Bid quantities of the various items in the Proposal are for bid comparison only and may not reflect the actual quantities (See General Conditions C2-2.2 and C4-4.3). Moreover, there is to be no limit on the variations between the estimated quantities shown and the actual quantities performed. l D-9 LIQUIDATED DAMAGES: The Contractor shall pay liquidated damages of twenty-five dollars ($25.00)per day per Work Order,for failure to begin a Work Order within seven (7)working days of the date the Work Order is faxed to the Contractor. Failure to complete project within the stipulated construction time on the Work Order, the Contractor will pay liquidated damages in the amount stipulated in these contract documents, under D-7, and as outlined in Section C7-7.10 Time of Completion of the general contract documents. i D-10 DETERMINATION AND INITIATION OF WORK: The Owner shall determine and designate to the Contractor the location of the sanitary sewer main where the trenchless point repair is to occur with a map. The Owner reserves the right to issue Work Orders utilizing one or any combination of the various bid items contained within the contract. D-11 MOVE-IN CHARGES: A Work Order may contain one or more locations. One move-in fee will be paid for the contractor per Work Order issued. Locations for multiple sites per Work Order 4 will be in the same general vicinity, if possible, so only one mobilization charge will be paid. I D-12 EMERGENCY JOB MOVE-IN: The Owner or Engineer shall determine when an emergency situation shall exist. When emergency work is required, the Contractor shall mobilize to the said location within twenty-four (24) hours after given notification from the inspector and/or Project Manager. The Contractor shall make all necessary arrangements for bypass pumping, setting up barricades, notifying citizens, etc. After the emergencywork has been completed,there will be no additional "Job Move-In" charges paid to remobilize back to the previous project location site. D-13 LIFE OF CONTRACT: It is contemplated that Work Orders will be issued to the Contractor for work to be performed under this Contract for not to exceed 365 calendar days following the date of the Notice to Proceed nor to exceed the limit of the bid price,whichever should occur first. The Contractor shall be required to complete any work covered by a Work Order issued prior to that date of termination but will not be required to accept any Work Orderfor execution dated after that date of termination. If the cost of the work performed under this Contract is less than the limit of the bid price at the end of the 365 calendar day period, at the City's option and the Contractor's concurrence, the Project may be extended to the limit of the bid price. D-14 OPTION TO RENEW: The City has the right to renew this contract for three (3) one year terms/expenditures under the same terms, conditions, and unit prices. The City shall give the Contractor at least sixty (60) days notice prior to the expiration of one year from the date of the Notice to Proceed if it chooses to execute the option to renew. D-15 INDEMNIFICATION: CONTRACTOR covenants and agrees to,and does hereby, indemnify and hold harmless and defend the CITY, its officers, agents, and employees,from and against any and all suits or claims for damages or injuries, including death, to any and all persons or property, resulting from any negligent act of omission or commission on the part of CONTRACTOR, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and ICONTRACTOR does hereby assume all liability and responsibility for injuries, claims or suits for Part D SC - 3 3/25/2005 damages, to persons or property, of whatsoever kind of character, whether real or asserted, occurring during or arising out of the performance of this Agreement, as a result of any negligent act of omission or commission on the part of CONTRACTOR, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that CONTRACTOR's liability shall be limited to that established in Article 6252-19, Texas Revised Civil Statutes, and other applicable state statutes and constitutional provisions. D-16 TERMINATION OF CONTRACT: If the Contractor shall be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen, equipment or proper materials, or if he should fail to make prompt payment to Subcontractor or for material or labor, or persistently disregard laws,ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the Contract then the Owner upon the certificate of the Owner that sufficient cause exists to justify such action may without prejudice to any other right or remedy and after giving the Contractor seven (7) days written notice terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliance thereon and finish the work by whatever method the Owner 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 service, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance the Contractor shall pay the difference to the Owner as herein provided and the damage incurred through the Contractors fault shall be certified by the Owner. In the event of termination of Contract before completion of the work due to abandonment of the project or discontinuance thereof, the Contractor will be paid in proportion to the work completed and in progress as per scope of work described in the Contract Documents and in accordance with the unit price schedule. D-17 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: 1. Worker's Compensation Insurance Coverage a. Definitions: Certification of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insured issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entities' employees providing services on a project for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("Subcontractor" in 406.096) includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directlywith the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors,subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity that furnishes persons to provide services on the project. "Services" include, without Part D SC - 4 3/25/2005 limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements.of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project,the Contractor must prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and 2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery within ten (10)days after the Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project to: 1) Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements which meets the statutory requirements of Texas Labor Code, Section 401.011 (44)for all of its employees providing services on the project, for the duration of the project: - 2) Provide to the Contractor prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project for the duration of the project. Part D SC - 5 3/25/2005 3) Provide the Contractor, prior to the end of the coverage, a new certificate of coverage showing extension of coverage if the coverage period shown on the current certificate of coverage ends during the duration of the project: 4) Obtain from each other person with whom it contracts, and provide to the Contractor: a. a certificate of coverage, prior to the other person beginning work on the project and; b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project: 5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter: 6) Notify the governmental entity in writing by certified mail or personal delivery, within Ten (10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; and 7) Contractually require each person with whom it contracts,to perform as required by paragraphs (1) _ (7) with-the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's' compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage- insured, with the commission's Division of Self-insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 2. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Workers Compensation Commission rules. This notice must be printed with a title at least 30 point bold type and text in at least 19-point normal type,and shall be in both English and Spanish and any other language common to the worker population. REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this project Part D SC - 6 3/25/2005 i must be covered by workers'compensation insurance.This includes person providing, hauling,or delivering equipment or materials or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. Call the Texas Workers' Compensation Commission at 1-512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. I D-18 WAGE RATES: The labor classifications and minimum wage rates set forth herein have j been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any Subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. City of Fort Worth Prevailing Wage Rates For 2000 CLASSIFICATIONS YEAR 2000 HOURLY RATES Asphalt Raker _ $10.32 l Asphalt Shoveler $9.75 l Batching Plant Weigher $9.65 p Carpenter (Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper (Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Part D SC - 7 3/25/2005 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel $10.00 (< 1 Y2 CY) Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel $11.52 (> 1 Y2 CY) Front End Loader (2 1/2 CY & less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Prevailing Wage Rates - Continued CLASSIFICATIONS YEAR 2000 HOURLY RATES Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator (Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle (Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 D-19 WEEKEND, HOLIDAY AND NIGHT WORK: Requests to work on weekends, Holidays,or Night work must be submitted to and approved by the Engineer forty-eight (48) hours before the work is to be conducted. Night work; (between the hours of 7:00 p.m. and 7:00 a.m.) shall only be authorized by the Engineer when flow conditions and/or traffic conditions inhibit the normal work of the Contractor during daytime hours. The Contractor shall be notified of the decision to allow weekend, holiday or night work within 24 hours of the receipt of the request. D-20 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Owner, and if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Owner to stop work, or by the performance of extra work; or by the failure of the City to provide material or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time, his application Part D SC - 8 3/25/2005 i for which shall, however, be subject to the approval of the City Council and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. D-21 EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the Work Order sites and make such examinations and visual inspections as may be necessary to determine all conditions which may affect the completion of the Work Order. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. D-22 ACCESS TO THE WORK: It is anticipated some of the sanitary sewer line segments scheduled for point repairs are located on private property.Access to these manholes is generally provided by existing easements and/or right-of-ways; however, the legal access may be covered with private improvements such as fences, landscaping, outbuildings, etc. In such cases the Contractor shall work with the Property Owner to find alternative methods of access and obtain a signed agreement that outlines the method. Provisions of all agreements for replacement of removed or damages private property relative to the alternate access method shall be the responsibility of the Contractor. D-23 SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY: The Contractor shall be responsible for restoring the site to original or better conditions after completion of his operations subject to approval of the Owner. Replacement shall be in kind or better. At the Contractor's discretion, digital photos may be taken of existing conditions for documentation. The burden of proof as to pre-project site conditions is the sole responsibility of the Contractor. The Contractor shall immediately repair or replace any damage to private property, including but not limited to fences, walls, pavement and water and sewer services, at no cost to the Owner. All costs for site restoration, repair or replacement to private property and documentation shall be considered subsidiary to the project contract price and no additional payment will be allowed. D-24 EXISTING UTILITIES: The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his operations. Contractor shall make all necessary provisions for the support, protection, relocation, and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and any other utilities and structures both above and below ground during operations. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all costs incurred for the protection and/or temporary relocation of such facilities shall be subsidiary to the contract amount. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. a Where existing utilities orservice lines are cut, broken ordamaged,the Contractorshall replace or repair the utilities or service lines with the same type of original material and construction or better unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the Owner at once of any conflicts in grades and alignments. In case it is necessary to change or move the property of any Owner of a public utility, such C property shall not be moved or interfered with until ordered to do so by the Owner. The right is reserved to the Owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. w ��VY S �;�?E AV21Y Part D SC - 9 3iasizoo ,_ D-25 PROJECT ACTIVITIES OVER PIPELINES: Itis apparentthatcertain project vehicles could exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the responsibility of the Contractor to protect the existing lines from these possible excessive loads. Any damage to the existing pipe will be repaired or replaced by the Contractor, at the Contractor's expense, to the satisfaction of the City. D-26 SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed under this Contract the Contractor shall: 1. Comply with the safety standards provisions of applicable laws, building and construction codes and the Manual of Accident Prevention in Construction published by the Associated General Contractors of America,the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596 and subsequent amendments),and the requirements of Title 29 of the Code of Federal Regulations, Section 1910 or 1926 as applicable. 2. Exercise every, precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 3. The attention of the Contractor is directed to the Requirements (including permitting and recording) of the Confined Space Entry regulations that are under OSHA. D-27 CONFINED SPACE ENTRY PROGRAM: The Contractor shall produce a written document explaining the confined space entry program to be implemented on this project. At a minimum, the-submitted program shall be in compliance with all applicable OHSA requirements regulating confined space entry. D-28 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes,derricks, power shovels,drilling rigs, pile drivers, hoisting equipment or similar apparatus. The waming sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six feet of high voltage electric lines,notification shall be given the Power Company (TXU Gas and Electric Utilities/ONCOR) who will erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines. The work done by the Power Company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to the Power Company, and shall record action taken in each case. 4. The Contractor is required to make arrangements with the TXU Gas and Electric Utilities/ONCOR Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. Part D SC - 10 3/25/.005 l 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D-29 TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the execution of this project consistent with the provisions set forth in the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the tt authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article B 6701 d Vernon's Civil Statutes, pertinent sections being Section Nos. 27,29, 30 and 31 and also in 1 accordance with the following additional requirements: 1. The Contractor's attention is directed to Part C, General Conditions, Section C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILTY, paragraph C6-6.8 BARRACADES, WARNINGS AND WATCHMEN, which requires that the Contractor shall furnish barricades, flares, etc., for the protection of the public and the work. 2. The cost of the traffic control shall be included in the price bid for other items as bid in the Proposal, and no other compensation will be allowed. 3. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize interruption to the flow of traffic. 4. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." When work activities are located in or near high traffic areas or when specifically directed by the City, the contractor will be required to obtain a "Street Use Permit"prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. a When work activities are located in or near a state right-of-way, the Contractor shall comply with all applicable Texas Department of Transportation regulations. D-30 _PROTECTION OF TREES, PLANTS,AND SOILS: All property along and adjacent to the I' Contractors' operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work I (trimming. removal. or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be obtained by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. D-31 TREE PRUNING: A. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees". B. ROOT PRUNING EQUIPMENT r ^ ,� Part D SC - 11 3/25/2005 � � ��� x.; 1. Vibratory Knife 2. Vermeer V-1550RC Root Pruner C. NATURAL RESOURCES PROTECTION FENCE 1. Steel "T" = Bar stakes, 6 feet long. 2. Smooth Horse-Wire: 14-1/2 gauge (medium gauge) or 12 gauge (heavy gauge). 3. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red color. 4. Combination Fence: Commercially manufactured combination soil separator fabric on wire mesh backing as shown on the Drawings. D. ROOT PRUNING 1. Survey and stake location of root pruning trenches as directed by the Engineer. 2. Using the approved specified equipment, make a cut a minimum of 36 inches deep in order to minimize damage to the undisturbed root zone. 3. Backfill and compact the trench immediately after trenching. 4. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer. 5. Within 24 hours, prune flush with ground and backfill any exposed roots due to construction activity. Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to evaporation. 6. Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no roots over 1-inch diameter being cut unless cut by hand or cut by specified methods, equipment and protection. E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas designated by the Engineer. F. Tree Pruning shall be considered subsidiary to the project contract price. D-32 TREE REMOVAL: Trees to be removed shall be removed using applicable methods, including stump and root ball removal, loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both overhead and buried. The Contractor shall immediately repair or replace any damage to utilities and private property including, but not limited to, water and sewer services, pavement, fences, walls, sprinkler system piping, etc., at no cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the Work Order price and no additional payment will be allowed. D-33 MANHOLE EXPOSURE: When it is necessary to expose manholes in unpaved areas or under asphalt pavement,the Contractor shall expose the manholes in order to have access for the point repair. Manhole exposure less than one (1) inch deep in asphalt pavement or less than twelve (12) inches deep in unpaved areas shall be considered subsidiary to the unit price bid for trenchless point repairs on this project and the Contractor shall notify the Owner and Engineer of any manholes thus exposed. For manholes greater than three(3)inches deep requiring exposure, the Contractor shall immediately contact Kirit Patel by fax at the City of Fort Worth Field Operations Division at (817) 871-8382 and Chris Harder at the Fort Worth Water Department Engineering Division at(817)392-8195 with the following information: manhole number, lateral number,station Part D SC - 12 3/25/2005 1 and/or address, and action required. The City shall expose all manholes not conforming to the criteria outlined above. E Manhole exposures provided by the contractor for those manholes exposed thatwere buried less than twelve (12) inches deep under unpaved areas or less than one (1) inch in paved areas shall be considered subsidiary to the project unit price bid for trenchless point repairs with no additional compensation allowed. D-34 PLACING WORK IN SERVICE: Since all work involved is with existing facilities,service of sanitary sewers shall be maintained at all times. D-35 WATER USAGE: Water usage by the Contractor for the purpose of sewer line cleaning shall be taken from approved fire hydrants via a 2" meter obtained by the Contractor from the Owner. The meter shall be used only on this project. One fire hydrant wrench will be issued with each 2" meter. The deposit for the 2" meter and fire hydrant wrench is the responsibility of the Contractor. Only fire hydrant wrenches or open-ended wrenches may be used on fire hydrant operating nuts. The amount of deposit for the fire hydrant meter is $1,000.00 (One Thousand Dollars). The Contractor is responsible to return the meter for reading on a monthly basis. Meter reading fee is applicable for this project; however, there will be no charge for water usage for the purpose of sewer line cleaning. D-36 SPILL PREVENTION AND RESPONSE PLAN: The Contractor shall produce a written document explaining the spill prevention and response plan(s)to be implemented on this project. At a minimum, the submitted spill prevention and response plan shall include contingency plans addressing sewer back-ups into homes/businesses, including a 24 hour a day response requirement, sanitary sewer overflows from manholes, and leakage or spill containment during sewer debris removal or transport. The spill prevention and response plan shall also include operational procedures, a list of responsible parties and duties, and the notification procedures to be implemented in case of and emergency spill as defined herein. Part D SC - 13 3/25/2005 ITEM 100 SUMMARY OF WORK r PART GENERAL 1.01 SCOPE A. The Contractor shall complete the work as specified in the plans and specifications. f B. The work is located throughout the City of Fort Worth, Texas. Specific trenchless point repair locations will be defined in the Work Orders provided to the Contractor. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. The work covered by these Contract Documents consists of the trenchless point repair of various diameter sanitary sewer mains within the Fort Worth Water Department's sewer collection system. B. In the Contract Documents the words "furnish", "install", and "construct" shall mean for the contractors to furnish all labor, tools, material, and miscellaneous items necessary to complete the work as specified and as shown in the drawings. C. The scope of work to be completed is defined by the drawings and these specifications. Any part, appurtenance, or miscellaneous item of work which is reasonably implied or normally required to make the installation satisfactorily and completely operable, even if not specifically required by x the drawings and/or specifications, shall be provided by the Contractor at no additional cost. In general terms, the work consists of furnishing all labor,materials, equipment, tools, and related items as required to complete the installation. D. Comply with applicable building codes and environmental requirements 1. Comply with city, state, and national codes as a minimum or the requirements of these documents if more stringent than codes. 2. Comply with city, state, and national environmental requirements. E. The work to be provided under this Contract is not necessarily limited to the foregoing descriptions. Accordingly, the Contractor shall thoroughly study the drawings, the specifications to fully understand the extent of the work. Fort Worth Water Department 100- 1 Summary of Work 1.03 DESCRIPTION OF BID ITEMS The following descriptions are intended to clarify the nature of the work required for this project. Each bid item includes all labor, materials, equipment, and incidentals necessary to complete the item. Bid Item 1 —Job Move-In: Contractor shall be compensated for one Job Move-In for each Work Order submitted by the City to the Contractor. Job Move In price shall include all materials, equipment, and labor necessary to initiate the work defined within the Work Order within seven days from receipt (See Special Conditions Item D-11). Bid Item 2—Emergency Job Move-In: Contractor shall be compensated for one Emergency Job Move-In for each emergency work order submitted by the City to the Contractor. Emergency Job Move-In price shall include all materials, equipment, and labor necessary to begin the work defined within the emergency Work Order within twenty-four hours from receipt (See Special Conditions Item D-12). Bid Item 3-14—Trenchless Point Repair of Various Diameter Pipe: Work shall include the labor, materials, and equipment necessary to perform the trenchless point repair, of the diameter specified,per trenchless point repair. Work under this bid item shall include, as a minimum: A. Television inspection of sewer line to determine exact location and length of area to be repaired. Provide city with copy of television inspection in electronic format. B. Cleaning area of required point repair to remove roots, grease, and all debris. Dispose of debris at city authorized disposal location. Provide city with trip tickets for debris disposal. C. Bypass wastewater flow through point repair segment as necessary to complete the work (on as required basis only—contact city for approval prior to any bypass pumping operations). E. Retelevise sewer line in vicinity of point repair to ensure area has been properly cleaned. Provide city with copy of television inspection in electronic format. .. F. Perform trenchless point repair. Repair to be minimum of 4' in length. Lengths beyond 4' shall be compensated per linear foot of additional trenchless point repair installed. G. Perform post rehab television inspection to verify that trenchless point repair 's acceptable. Submit to city in electronic format with prepared invoice for approval and payment. Fort Worth Water Department 100-2 Summary of Work H. Perform 12— 18 month warranty television inspection. Clean as required to conduct inspection. Submit to city in electronic format. Bid Item 15-26—Additional Trenchless Point Repair Length—Various Diameters: Work shall include the labor,materials, and equipment necessary to install the trenchless point repair beyond 4' in length, as required to properly make the point repair and extend the repair sleeve a minimum of 12"beyond the defect. Price shall pay per linear foot of the diameter of pipe repaired. Bid Item 27-29—Bypass Pumping Using Various Size Pumps: Work shall include all labor,materials, and equipment to install and set up various size pumps and all temporary piping required in order to bypass wastewater flows in order to perform a trenchless point repair. Price shall be full compensating for all incidentals necessary to set up various size PUMPS- Bid Item 30—Bypass Pumping Operation: Work shall include the labor and materials required to operate a bypass pumping operation. Bypass pumping shall be monitored at all times by a qualified employee of the Contractor knowledgeable in the operation of the pumping system. Bid price shall be measured and paid per hour of bypass pumping operation, not including pump setup time, and regardless of pump size. Bid Item 31 —Service Lateral Re-Instatement: Work shall include the labor, materials, and equipment to re-instate a sanitary sewer service after the trenchless point repair has covered the service opening into the main. Work shall be accomplished via trenchless methods with remote cutter equipment. Bid price shall be per service re-instatement, and shall be fully compensating for all incidentals necessary to re-instate the sanitary sewer service. Bid Item 32—Protruding Tap Removal: Work shall include the labor,materials, and equipment necessary to remove a protruding tap via trenchless methods using a remote cutter. Work shall include the follow-up television inspection required to be submitted for payment. Item shall be measured and paid for each protruding service removed via trenchless methods, and shall include all incidentals required to complete the work. PART 2 PRODUCTS — Not Applicable PART 3 EXECUTION- Not Applicable Fort Worth Water Department 100-3 Summary of Work Item 200 Cleaning and Closed Circuit Television Inspection For Trenchless Point Repairs Part 1 — General The Contractor shall be required to perform all pipe preparation and inspection as required to make a trenchless point repair at designated locations. All cleaning, debris removal and television inspection is subsidiary to the unit price bid for trenchless point repairs. Part 2 — Equipment 2.1 Cleaning Equipment The City of Fort Worth Water Department Pre-Treatment Division must inspect all equipment used by the CONTRACTOR for cleaning of sewer lines. Contact Marlene Gates at (817) 871-8305 for scheduling of inspections. Information regarding City of Fort Worth vehicle permits and certifications can be found in Appendix A, Permits and Forms. All costs associated with local permits and certifications of vehicles are the responsibility of the CONTRACTOR. All vehicles used on this project must also be certified by the TCEQ and proof of this certification must be provided to the City. Refer to Part D Special Conditions, Item D-5 Permitting and Additional Insurance Requirements for more information. A. HIGH-VELOCITY JET (HYDROCLEANING) EQUIPMENT: All high-velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The CONTRACTOR shall have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 10 to 45 degrees in all size lines designated to be cleaned. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel B. HYDRAULICALLY PROPELLED EQUIPMENT: The equipment used shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer.The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure removal of grease. If sewer cleaning balls or other equipment that cannot be collapsed are used, special precautions to prevent flooding of the sewers and public or private property shall be taken by the CONTRACTOR. Damages or claims resulting from backups and flooding shall be the responsibility of the CONTRACTOR. C. MECHANICALLY POWERED EQUIPMENT: Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines will be belt operated or have an overload device. Machines with direct drive that could cause damage to the pipe will not be ` allowed.A power rodding machine shall be either sectional or continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specifically heat-treated steel. To ensure safe operation the machine shall be fully enclosed and have an automatic safety clutch or relief valve. Mechanically powered equipment shall only be used when authorized by the ENGINEER and shall be done only when other cleaning methods are shown to be ineffective. 2.2 Television Inspection Equipment Fort Worth Water Department 200-1 Cleaning and CCTV for Point Repairs The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe.The camera shall be operative in 100% humidity conditions. The camera lens shall have not less than a 65-degree viewing angle and shall have either automatic or remote focus and iris controls. The camera shall be capable of spanning 360 degrees in the vertical axis and 270 degrees on the horizontal axis. The camera shall be equipped with at least 1,500 LF of camera cable and have pan and tilt capabilities to allow up close and right-angled inspections of defects and other significant observations. The camera,television monitor, and other components of the video system shall be capable of producing picture quality in color to the satisfaction of the OWNER's Representative and if unsatisfactory, no payment shall be made Part 3 — Execution 3.1 Sewer Line Cleaning A. General Sewer Line Cleaning Sewer line cleaning shall be performed with hydraulically propelled high-velocity jets, and/or mechanical powered equipment. Equipment shall be based on field conditions such as access to manholes, type and quantity of debris to be removed, size of sewer, and depth of flow. Hydraulic or mechanical means shall be used to remove all dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines within the area of the point repair. The method of cleaning for each segment shall be based on site conditions and shall be approved by the ENGINEER. The equipment and methods selected shall be satisfactory to the ENGINEER.- --- B. Root Removal Roots shall be removed in within the limits of the trenchless pointrepairand shall be considered part of sewer cleaning procedures. Special attention should be given during the cleaning operations to ensure complete removal of roots from the joints. Chemical means of root control or removal MAY NOT be used on this project. C. Grease Removal Grease shall be removed within the limits of the trenchless point repair and shall be considered part of sewer cleaning procedures. Special attention should be given during the cleaning operations to ensure the complete removal of grease from the top of the pipe. Procedures may include the use of mechanical equipment such as rodding machines,bucket machines and winches using root cutters and porcupines,and equipment such as high-velocity jet cleaners, and hot water. Chemical means of grease removal using and EPA approved chemical degreasers MAY NOT be used on this project without prior authorization from the City. D. - Debris Removal All debris resulting from the cleaning operations as required to inspect the line for trenchless point repair shall be removed and transported by the CONTRACTOR to locations designated by the City at the end of each work day. Under NO circumstances will the CONTRACTOR be allowed to accumulate debris at the work site beyond the stated time. Reference Part D, Special Conditions, subparagraph D-5"Permitting and Additional Insurance Requirements"for more information about the collection, handling, transport and disposal of the debris.All solid or semi-solid debris shall be removed and transported by the CONTRACTOR to the Cold Springs Processing Facility located at Fort Worth Water Department 200-2 Cleaning and CCTV for Point Repairs 1300 Cold Springs Road, Fort Worth, Texas 76102. The contact person for Cold Springs Processing is Gary Beavers, who can be reached at (817) 332-4939. The CONTRACTOR's cleaning equipment shall have permits in accordance with all applicable Federal, State and Local regulations. The City, at its own expenses, will dispose the debris generated from this project. CONTRACTOR shall provide the City and the ENGINEER with a detailed plan for tracking the amount of debris removed as part of this project. The City will supply trip-ticket books to be used by the CONTRACTOR. One copy of each ticket will be supplied to the designated disposal site, the CONTRACTOR will keep one, two copies will be given to the City, and one to the ENGINEER. Tickets will be filed on a work order basis to all parties by the CONTRACTOR, including the permit numbers for vehicles used on the project daily. The CONTRACTOR shall also be required to submit its own TCEQ Liquid Waste Hauler paperwork to the City. E. Pre-Rehab Cleaning and Televising Notification _ The success of the Fort Worth Water Department Trenchless Point Repair Program is dependent the close coordination of the City and CONTRACTOR activities affecting Fort Worth Water Department customers in an effort to maintain customer cooperation. The following are the requirements for notifying affected customers of cleaning, television inspection, and trenchless point repair activities. All procedures must be followed: 1. A notice ("flyer") in English and Spanish shall be provided to each residence and business a minimum of two (2) full working days prior to working in the area. The Notification flyer will inform the occupants of the purpose of the work, what might possibly occur, and telephone numbers to call in case of questions or problems. The master flyer for Notification will be provided to the CONTRACTOR for use in making all necessary copies of the flyer on white paper for distribution to residences and businesses. 2. CONTRACTOR shall,on a daily basis, document all distribution of flyers. Documentation at a minimum shall include maps showing areas notified,date,and name of person completing the notification. The CONTRACTOR shall provide this information to the ENGINEER and the City (Chris Harder and Kirit Patel) by fax at(817)451-2208, (817) 392-8195 and (817) 871-8382, respectively on a daily basis. CONTRACTOR shall schedule work to be completed within five (5) working days from the day _ notices are distributed. If the work is unable to be completed in the notified area before the end of 5 working days, the area will be re-notified. F. Cleaning Precautions During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. When hydraulically propelled cleaning tools (that depend upon water pressure to provide their cleaning force) or tools that retard the flow in the sewer line are used, precautions shall be taken by the CONTRACTOR to ensure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. When additional water from fire hydrants is necessary to avoid delays in normal work procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant or as restricted by the OWNER. The CONTRACTOR shall use a backflow prevention device mounted on the fire hydrant in cases were the fire hose connected to the cleaning equipment is considered susceptible to contamination, regardless of the backflow configuration on the cleaning equipment. The CONTRACTOR shall be Fort Worth Water Department 200-3 Cleaning and CCTV for Point Repairs responsible for any damage caused by his actions during this project. G. Remediation of Backups into Buildings Backups into buildings that occur during cleaning, inspecting, trenchless point repair, or bypass pumping activities require immediate remediation using the services of a local firm specializing in °`- cleaning and disinfecting residences and businesses. The firm used by the CONTRACTOR shall be approved prior to issuance of the Notice-to-Proceed, and shall provide a protocol that will be implemented for various scenarios that may occur. Upon discovery that a backup has occurred,the CONTRACTOR will immediately notify the Water Department Field Representative who will investigate the incident.The CONTRACTOR shall dry up the spill immediately and dispatch the cleaning service to professionally clean and disinfect the area. The cleaning service firm shall be at the customer site within three hours of notification of backup occurrence, or otherwise scheduled by customer. All communication will be through the Water Department Field Representative (Kirit Patel) at (817) 994-5610 (cell phone). Documentation of the remediation services provided shall be given the Water Department Field Representative. Should customer refuse the remediation services, CONTRACTOR shall provide a business card and contact name should customer want to schedule remediation at a later date. Refusal of remediation services shall be documented by the CONTRACTOR and provided to the Water Department Field Representative. 3.2 Television Inspection A. General Contractor shall be required to reveal and document sewer line conditions and/or cleaning results. The CONTRACTOR shall warrant to the OWNER any and all claims from infringement of patents and shall save harmless the OWNER and his Representative from loss on account thereof. After cleaning pipe segment to be repaired, pipe shall be visually inspected by means of a closed circuit color television camera. The purpose of the television inspection work shall be to ensure that the trenchless point repair completed by the CONTRACTOR meets the intent of these contract documents. B. Television Inspection Procedures The camera shall be moved through the line segment from the upstream manhole at a moderate rate, stopping when necessary to permit proper audio and written documentation of cleanliness of the pipe and any visible defects. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, powered rewinds, or other devices that do not obstruct the camera view and do not interfere with proper documentation of the sewer conditions shall be used to move the camera through the sewer line C. Maximum Allowable Flow Depth When sewer line depth of flow at the upstream manhole of the line segment being worked is above the maximum allowable for television inspection or as specified by the ENGINEER,the flow shall be reduced to the level specified below by the operation of pumps,temporary plugging or blocking of the flow or by pumping and bypassing of the flow as specified. Depth of flow shall not exceed 1/3 of the pipe diameter. Fort Worth Water Department 200-4 Cleaning and CCTV for Point Repairs D. Television Inspection Documentation a) TELEVISION INSPECTION LOGS: Location records of the sewer mains inspected and repaired shall be kept and maintained by the CONTRACTOR digitally in a compatible computer system compatible with WinCan Version 7.16 or as approved by the OWNER. These location records shall clearly show the stationing location in relation to the upstream. Observations shall be recorded by the CONTRACTOR in an approved digital delivery format such as a removable hard drive, CD ROM or DVD disks and submitted to the ENGINEER. NO VHS TAPE RECORDINGS ARE REQUIRED NOR ACCEPTED AS A FINAL DELIVERABLE UNDER THIS CONTRACT. Hard copies of the inspection reports shall be bound and submitted to the OWNER with the digital data. The digital information shall contain multiple video inspection records and files that store each line segment as a unique digital record. Combining multiple segments on one form or digital record is not permitted. The CONTRACTOR shall provide a digital video file in a MPG or AVI format of the inspection and repair area. These digital video files must included intelligible audio description in English of each observation, including the location of the line segment at the same time that the inspection is performed. As a minimum,the video file shall display manhole numbers and footage at all times. b) DIGITAL VIDEO RECORDINGS: The purpose of digitally recording shall be to supply a visual and audio record of all line segments that are televised. The digital video playback speed shall be at the same speed that it was recorded. Slow motion or stop-motion playback features may be supplied at the option of the CONTRACTOR. Title of the video record shall remain with the OWNER.The CONTRACTOR shall have all digital video and necessary playback equipment readily accessible for review by the ENGINEER during the project. Each digital video file and digital associated log sheets and/or field forms using free shareware shall be submitted to the ENGINEER for review no later than seven days after the completion of the tape. The digital video file, including the audio portion,shall be a deliverable and will be required for completion of the work for each segment televised. The digital video files (recorded on the approved digital storage media) shall be indexed with the line segment and labeled appropriately on the disc. All TV Inspection information in a digital format shall be ODBC compliant and compatible with WinCan version 7.16. Pictures, video and reports may be turned in via hard copy, CD-Rom, removable hard drive or DVD Data disk. If directed, the CONTRACTOR shall provide free (shareware) software capable of viewing images in WinCan version 7.16. Video recordings shall be processed by CONTRACTOR and delivered to the ENGINEER after completion of CCN inspection for review. A line segment shall be considered complete for payment once the video has been delivered to the OWNER, and reviewed and accepted. The OWNER will review all videos within five (5) working days from delivery from the CONTRACTOR. Fort Worth Water Department 200-5 Cleaning and CCTV for Point Repairs Item 0300 Trenchless Point Repairs i Part 1 — General 1.1 Description A. The Contractor shall furnish all materials, labor and equipment and perform all incidental work necessary to install a trenchless point repair (cured-in-place) as specified herein. B. No bypass pumping will be allowed without a written request from the Contractor providing documentation on why the bypass pumping is required in order to make the trenchless point repair. C. Acceptable trenchless point repair manufacturers shall be Perma-Liner Industries, inc., EPROS International, Primeline Products, Inc., AM-PATCH by American Pipe and Plastics, Inc., or approved equal. Contractor must be approved or licensed by manufacturer to install product. 1.2 Referenced Standards A. American Society for Testing and Materials (ASTM) 1. ASTM D543— Standard Test Method for Resistance of Plastics to - Chemical Reagents. 2. ASTM D638— Standard Test Method for Tensile Properties of Plastics 3. ASTM D790— Standard Test Method for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials. 4. ASTM D2412 — Standard Test Methods for Determination of External Loading Characteristics of Plastic Pipe by Paralllel Plate Loading. 5. ASTM D2990 — Standard Test Methods for Tensile, Comprehensive, and Flexural Creep and Creep-Rupture of Plastics. B. Where reference is made to one of the above standards, the revision in effect at the time of the bid opening shall apply. 1.3 Warranty All trenchless point repairs shall be guaranteed by the Contractor for a period of two (2) years from the date of final acceptance of the Work Order. During this period, all defects in the trenchless point repairs discovered by the Owner shall be repaired by the Contractor in a manner satisfactory to the Owner, or the affected patch shall be removed and replaced at no cost to the Owner. In addition to the Warranty Inspection, generally scheduled for the 18 month after acceptance, the Owner may conduct an independent television inspection, at his own expense, of the lining work at any time prior to the completion of the warranty period. Fort Worth Water Department 300- 1 Trenchless Point Repairs 1.4 Submittals A. Provide certified test reports to conform that the trenchless point repair materials have been manufactured and tested in accordance with ASTM Standards specified herein. Submit test reports for the materials to be used for this work. Test results shall be the manufacturer's standards for acceptance of field fabricated and installed trenchless point repairs. F' B. Documentation via television inspection of the physical condition of the line segment to;be repaired, the inspection of the cleaning, and the inspection of the repair. PART 2 — PRODUCTS 2.1 Repair Sleeve Material A. The trenchless point repair material shall be resin impregnated fiberglass and/or felt sleeve which is wrapped around an inflatable packer and positioned in the sewer to be rehabilitated and cured in place by circulating hot water, steam, heat, or ambient temperature air to cure the resin. The epoxy resin shall have physical characteristics that allow it to adhere to dry or wet substrates. The composite cured in place liner shall be impervious to groundwater and prevent wastewater exfiltration. B. The trenchless point repair sleeve shall be fabricated from a minimum of two layers of felt and/or fiberglass. The fiberglass shall be woven having a minimum weight of 24 oz/yd and shall be made of"E" glass coated with sizing compatible with the resin being used. C. The epoxy resin shall be brought on site in the resin manufacturer's original containers. Each container shall be clearly labeled as to contents and product data. The resin shall be stored, mixed, and applied in accordance with the manufacturer's recommendations. D. The trenchless point repair shall be designed to provide a service life of 50 years and shall have, as a minimum, the following initial and long term properties listed below: Property ASTM Value Minimum Value Flexural Strength D790 4,500 psi Flexural Modulus D790 250,000 psi Tensile Strength D638 3,000 psi Tensile Modulus D638 250,000 psi E. When cured, the trenchless point repair shall form a continuous, tight-fitting, hard, impermeable liner, which is chemically resistant to any chemicals normally found in domestic sewage. The trenchless point repair shall have a suitable membrane coating for protection of the interior surface and to provide a uniform, smooth flow surface. No membranes or plastic coating shall be allowed between the repair patch and the pipe wall. Fort Worth Water Department 300-2 Trenchless Point Repairs F. The repair sleeve shall be fabricated to a size that will tightly fit the sewer being rehabilitated after being installed and cured. The transition from the patch to the existing pipe must be smoothly tapered.. G. The thickness of the cured liner shall be recommended by the manufacturer, but shall not exceed 114 inch when cured unless authorized in writing by the Owner. H. Spot repairs shall have a minimum length of 4 feet. Trenchless point repairs shall extend a minimum of 1 foot beyond the pipe defects at each end fo the repaired - defect. The length of each required repair shall be verified in the field prior to installation. I. The trenchless point repair shall not begin or end at a service connection or pipe joint. 2.2 Corrosion Resistance The point repair shall be fabricated from materials which, when cured, will be able to withstand internal exposure to sewer gasses and effluent containing hydrogen sulfide, carbon monoxide, carbon dioxide, methane, and dilute sulfuric acid. Part 3— EXECUTION 3.1 Installation A. Each pipe segment shall be televised in order to determine the exact location of the defect and the requested trenchless point repair. The interior of the pipeline shall be carefully inspected in order to determine the location of any conditions which may prevent proper installation of the lining into the pipeline. B. Each pipe segment to have CIPPR installed shall have been cleaned such that the pipe segment is free of roots, grease, sand, rocks, sludge and other debris. Contractor shall remove all debris and transport C. Contractor shall bypass pump wastewater flow as required to make accurate inspection and as required to perform trenchless point repair. Contractor must make written request and obtain approval from Owner prior to initiating bypass pumping operation. D. Provide television inspection no more than four hours prior to installing trenchless point repair in designated segment. Video inspection shall confirm that trenchless point repair has been completed properly and shall be used to determine the pay limits of the repair. E. The point repair liner material shall be measured, cut and impregnated with epoxy resin to the required measurements determined in the field. The installation and curing of the trechless point repair shall be in complete accordance with the manufacturer's recommendations. if requested by the Owner, a representative of the manufacturer shall be present during the first day of installation. Fort Worth Water Department 300-3 Trenchless Point Repairs F. The trenchless point repair shall be cured for the time period and method (i.e. steam, hot water, ambient air, heat) in accordance with the manufacturer's recommendations. G. The inflatable element and hydrostatic pressure used during the installation process shall be sufficient to tightly hold the point repair line material to the existing pipe wall, producing dimples at all defects and squeezing resin into any cracks in the pipe. This pressure shall be great enough to overcome or prevent infiltration from entering the existing pipeline during the curing process. H. Spot repairs designated to be installed starting at the manhole, shall have the sleeve extend inside the manhole, creating a watertight seal around the pipe connection and invert of the manhole. If additional material is required to properly seal the invert and pipe connection, the Contractor shall use the same resin used in the point repair liner material. 3.2 Protruding Tap Removal A. If it is determined that an existing service tap protrudes into the main in such a manner as to prevent the trenchless point repair to be installed, Contractor shall be directed by Owner to remove portion of service tap protruding into sewer main. Removal of service tap protrusion shall be by trenchless method. B. Payment for protruding tap removal shall be made at the unit price bid per protruding tap removed. Payment shall be made based on television inspection verification and submittal of such to Owner for review and approval. 3.3 Service Reinstatement A. All lateral services must be re-instated as soon as practicable after completion of trenchless point repair. Equipment used in the reinstatement of service connection must be approved in advance by the trenchless point repair manufacturer. B. Activate the connections from the interior of the repaired sewer by means of a remotely directed cutting device that locates the covered service connection and cuts away the liner pipe in such a way that a smooth edge is established. Cutting device shall reinstate lateral service to not less than 90% of original hydraulic capacity. C. Liner shall be tight to the existing sewer pipe with no evidence of an annular space between the service pipe and the liner. D. Payment for each service connection reinstatement shall be made at the unit price bid per service reinstated. Payment shall be made based on television inspection verification and submittal of such to Owner for review and approval. 3.4 Field Testing and Acceptance A. Upon completion of the installation of the trenchless point repair, television inspection shall be conducted. Pre-rehabilitation showing the defect cleaning and post- rehabilitation inspections shall be recorded and submitted to the Owner. Acceptance of Fort Worth Water Department 300-4 Trenchless Point Repairs the work shall be based on the Owner's review of the inspection videos. Submittal format of the video inspections is specified in Item 0200. 3.5 Warranty Inspection A. Contractor shall be required to conduct a warranty video inspection of the trenchless point repair 18 months after completing the work. Conduct all inspections in the presence of the Owner. B. All defects discovered during the television inspection shall be corrected by the Contractor at no additional compensation. After the defects are corrected, the sewer shall be inspected again at no additional compensation. Warranty television inspection video shall be submitted to the Owner. END OF SECTION Fort Worth Water Department 300-5 Trenchless Point Repairs Item 0400 Sanitary Sewer Bypass Pumping, Flow Control, and Plugging Part 1 —General Contractor shall be required to set up and bypass pump around proposed trenchless point repair as required in order to perform the work. It is the intent of the Owner that the trenchless point repair be able to be installed when wastewater flow is 1/3 or less of pipe flow. Contractor shall be allowed to bypass pump only after exhausting all options, including flow through plugs and other flow control measures and work during low-flow periods. Flow control measures and work during low flow periods will receive no direct compensation, but will be considered incidental to the unit price to install the trenchless point repair. Part 2— Equipment Contractor shall be responsible for all equipment for bypass pumping operations, including pumps, piping, diesel generators, valves, plugs, etc. Part 3 - Execution 3.1 Bypass Pumping A. Pumping and bypassing of sewer lines shall not be allowed without prior approval by the Owner. The CONTRACTOR shall bypass the sewage around the section or sections of sewer to be repaired, if necessary. The bypass shall be made by plugging the existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or through another method as may be approved by the Owner. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. Provisions shall be made at driveways and street crossings to permit safe vehicular travel without interrupting flow in the bypass system. Under no circumstances will the CONTRACTOR be permitted to discharge sewage into the environment. B. When pumping and bypassing is required to avoid potential backups or surcharging, the CONTRACTOR shall supply all necessary pumps, conduits, and other equipment to divert the flow of wastewater around the manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing flow plus additional flow that may occur during rainfall events. The CONTRACTOR will be responsible for furnishing the necessary labor and supervision to set up, operate, and maintain the pumping and bypassing system. If pumping is required on a 24-hour basis, engines and motors shall be equipped in a manner to keep noise to a minimum. C. Bypass pumping shall be measured and paid per setup for individual size pumps, and on an hourly basis for pump operation. Fort Worth Water Department 400- 1 Bypass Pumping,Flow Control,and Plugging 3.2 Flow Control When flow in a sewer line is plugged, blocked, or bypassed, sufficient precautions must be taken to protect the sewer lines from damage that might result from sewer surcharging. Under no circumstances will overflows be permitted by the CONTRACTOR. Further precautions must be taken to ensure that sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved. The CONTRACTOR shall be solely liable for damages due to backups, overflows or system bypasses that result from the CONTRACTOR's negligent work activities related to this project. 3.3 Blocking and/or Plugging Plugging or blocking of sewer line shall not be allowed without pre approval by the ENGINEER. If approved by the ENGINEER a sewer line plug shall be inserted into the line upstream of the section being worked. The plug shall be so designed that all or any portion of the sewage can be released. { Fort Worth Water Department 400-2 Bypass Pumping,Flow Control,and Plugging CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH,TEXAS Date: NAME OF PROJECT: Trenchless Point Repairs of Sanitary Sewers in city of Fort Worth PROJECT NUMBER: 00214 THIS IS TO CERTIFY THAT is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and in accordance with the provisions of the standard policies used by this Company, and Rir ier hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance Ea. Occurrence: $ (Public Liability) Property Damage: Ea Occurrence: $ Blasting Ea. Occurrence: $ Collapse of Buildings or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea. Occurrence: $ Builder's Risk Bodily Injury: Comprehensive Ea.Person: $ Automobile Ea. Occurrence: $ Liability Property Damage: Ea Occurrence: $ Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Other Location covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five(5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. Agency Fort Worth Agent: By Address: Title: CERTIFICATE NUMBERMAR H CECRTIFICAE OF INSURANCE NS R hCE CHI-001275960-03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 500 WEST MONROE STREET POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE CHICAGO,IL 60661 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn:Carylon Cert Team P:312.627.6994 F:877.855.7274 COMPANIES AFFORDING COVERAGE COMPANY 27309-ALL-LINES-04-05 A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY ACE PIPE CLEANING,INC. B ATTN: HORACE PUGH 4000 TRUMAN ROAD COMPANY KANSAS CITY,MO 64127-2290 C COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 4,' THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DDNY) LIMITS A GENERAL LIABILITY GLO9377201-01 10/31/04 10/31/05 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE 111 OCCUR PERSONAL&ADV INJURY $ 1,000,000 rOWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE(Any one fire) $ 300,000 X PER PROJECT AGGREGATE MED EXP(Any oneperson) $ 10,000 A AUTOMOBILE LIABILITY BAP 9377199-01 (AOS) 10/31/04 10/31/05 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO TAP9377198-01 (TX) 10/31/04 10/31/05 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE _ $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND WC9377202-01 10/31/04 10/31/05 X TWO SO EMPLOYERS'LIABILITY TORY LIMITS ERR EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: IX EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER s DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE:TRENCHLESS POINT REPAIRS OF SANITARY SEW ERS IN CITY OF FORT W ORTH CERTIFICATE HOLDER IS AN ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY,BUT ONLY TO THE EXTENT REQUIRED BY THEIR WRITTEN CONTRACT WITH THE NAMED INSURED FOR OPERATIONS PERFORMED BY THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 2n DAYS WRITTEN NOTICE TO THE CITY OF FORT WORTH CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 1000 THROCKMORTON FORT WORTH,TX 76112 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Christy N.Miller MM1(3102) VALID AS OF:06/15/05 MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER CHI-001275960-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH(.ISA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 500 WEST MONROE STREET POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE CHICAGO, IL 60661 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn:Carylon Cert Team P:312.627.6994 F:877.855.7274 COMPANIES AFFORDING COVERAGE COMPANY 27309-ALL-LINES-04-05 A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY ACE PIPE CLEANING, INC. B ATTN: HORACE PUGH 4000 TRUMAN ROAD COMPANY KANSAS CITY, MO 64127-2290 C COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCFJBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POL/YICY EXPIRATION LIMITS LTR DATE(MM/DDYI DATE(MM/DD/YY) A GENERAL LIABILITY GLO9377201-01 10/31/04 10/31/05 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE II OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X XCUINCLUDED FIRE DAMAGE(Any one fire $ 300,000 X PER PROJECT AGGREGATE MED EXP(Any one emon) $ 10,000 A AUTOMOBILE LIABILITY BAP 9377199-01(AOS) 10/31/04 10/31/05 ? COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO TAP9377198-01 (TX) 10/31/04 10/31/05 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY (Per accident) $NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND WC9377202-01 10/31/04 10/31/05X TORYLIMITS ER TH- EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERSIEXECUTIVE OFFICERS ARE: X EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS RE:TRENCHLESS POINT REPAIRS OF SANITARY SEWERS IN CITY OF FORT WORTH t >: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 20 DAYS WRITTEN NOTICE TO THE CITY OF FORT WORTH CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 1000 THROCKMORTON FORT WORTH,TX 76112 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Christy N.Miller 0,66,5 MM1(3102) VALID AS OF:'04/29/05 Bond No. 104521495 PERFORMANCE BOND THE STATE OF TEXAS CO'UNZY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (l.) Ace P i pe C I can i ng, I nc. a (2) corporation of Fort Worth, TX hereinafter called Principal, and (3) Travelers Casualty and Surety Company of America a corporation organized and existing under the lams of the State CT and Rilly authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fon Worth, a municipal corporation organized and emsting under the laws of the State of Texas, hereinafter called Owner, in the penal sura of: T Two Hundred Twenty Eight Thousand Four Hundred Seventy Five and 00/100 ($ 228,475.00 ) Dollars in lawful money of the United States, to be paid in Fort Worth., Tarrant County, Texas, for the payment of which sura well and truly be made, we hereby bind ourselves, our heirs, e\.ecutors, administrators and successors, jointly and severally,firmly by these presents. TIIE CONDITION OF TI-IIS OBLIGATION is such that 'Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 31s k day of May A.D. 2005 , a copy of whicb is hereto attached and made a part hereof,for the construction of: Trenchless Poipt Repairs of Sanitary'Sewers in City of)Fort Worth designated as Project No.(s) 00214, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the samc extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the nrork in accordance«-ith the plans; specifications, and writract docnrments during the original term thereof, and am extensions thereof �vhicb may be granted by the Omer, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract and shall fully inderunif`•and save harmless the On--aer from all costs and damages which it may suffer by reason of faibrre to do so, and sbal,l reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otltenvise to remain in full force and effect. F-1 PROVIDED FURTHER, that if any legal action 15led upon this bond, venue shall lie in Tarrant County. State of Texas. ANT) PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that n.o change, extension. of time, alteration or addition to the teems of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any ti;Ise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WTINI:SS WHEREOF, this instrument is executed is 6 counterparts each one of which shall be deemed an or-iginal,this the 31 st day of Mav A.D., 2005. ATTEST: Ace Pipe Cleaning, Inc. PRINCIPAL (4) (Principal) Secretary , BY44— (SEAL) 1 509 Sylvania Ct., Fort Worth, .TX 761 1 1 r (Address) i lTravelers Casualty and Surety Company of America Surety i Witness at P 'pal BY: A (Attorney-i.n-fact) (5) (Address) Brenda D. Hockberger, Attorney—in—Fact ATTEST: 215 Shuman Blvd., Naperville, IL 60563 (Surety) Secretary (Address) NOTE: Date of Bond must not be prior to date of Contract (SEAT,) (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual,as case may be I (3) Correct name of Surety (4) If Contractor is Pannerslup al.l Partners should execute Bond Witney as to Surety (5) A true copy of Power of Attonaey shall be 215 Shuman Blvd., Napery i I I e, IL 60563 attached to Bond by Attorney-in-Fact. (Address) F-2 Travelers IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. 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Miller, David C. Banks, Janice B. Kaplan, Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, Rebecca L. Dauparas, Barbara J. Bailey, Cindy Genslinger, Gina M. Damato, Meredith C. Covelli, Thomas A. Pictor, Erik Janssens, Jane Bronson, Carrie M. Goesel, Michael Damewood, Rosemary Muliere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, David Donovan-Schager, John Fay, Lawrence R. Conrath, Marva Hurd, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D. Hockberger, Meredith Day, Kristin J. Warzyniak, Sarah A. Thorson, Michael A. Clark, of Naperville, Illinois, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States_ the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contractq of State of ILLINOIS County of KENDALL 31 St da of May 2005 before me personally appeared On this y Brenda D Hockber¢er , known to me to be the Attorney-in-Fact of TRAVELERS CASUALTY AND SURET COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. my IN WITNESS WHEREOF,I have hereunto OFFICIAL set my hand and affixed my official seal the day and year in this certificate first written above. GINA M.DAMEAF�TI.O NOTARY PUBLIC,STATE OF ILLINOIS 5 MY COMMISSION FXPIRFS APR 5.2008 I Y (Notary Public) VOTED: '17rat any bona,recognizance,contract or rnaemnrty,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a) signed by the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (05-04)Unlimited Bond No. 104521495 PAYMENT BOND THE STATE OF TEXAS COUNTY OF T.ARRANT § KNOW ALL MEN BY T'IESE PRESENTS: That we (1) Ace Pipe Cleaning, i nc. a(2) corporation of. Fort Worth, T�hereinafter called Principal, and(3)Travelers Casualty and Surety Company bf America a corporation organized and existing under the laws of the State of CT and fully authorized to transact busizress in. the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Omer, and unto all person firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the r. penal sunn of Two Hundred Twenty Eight Thousand Four Hundred Seventy Five and 00/100 (� 228,475.00)Dollars in lawful money of.the United States, to be paid in Fort Worth,Tarrant County,Texas;for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs; executors, administrators and successors,jointly and severally,f=ly to these presents. THE CONDITION OF THIS OBLJGATZON is such that \ hereas, the Principal entered into a certain. contract-Arith the City of Fort Worth, the Owner, dated the 31 st _day of May, A.D., 2005, a copy of which is hereto attached and made a part thereof,for the construction of: Trenchless Point Repairs of Sanitary Sewers in City of port Worth designated as Project No.(s) 00214, a copy of which contract is hereto attached, referred to and made a part hereof as fully and to the same e>ae,nt as if copied. at length herein, such project and construction being hereinafter ' referred to as the`work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to ,ill claimants as defined in Article 5160, Revis d Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided fbr in said Contract, then this obligation shall be null and void, otherwise it shall remain in Rill force and effect. TIIIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said. Article F-3 i 5160, anal all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FCTRTABR, that if any legal action be filed upon this bond, ti'emue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, e\tension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanyizrg the same shall in any wise affect its obligation on this bond, and it does hereby ,;,aive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specificad.olts. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim.may be unsatisfied. IN WITNESS lvvlfl RnOF,this instrument is executed in 6 counterparts each one of which shall be deemed an original,this the 31 st da}'of_ May A.D., 2005. pRnNCIPAL (4) AST: Ace Pipe Clea Ing, Inc. 40 4 r (principal)Secretary 1509 Sylvania Ct., Fort Worth, TX 76111 �- (Address) EAT_.) Travelers Casualty and Surety Com an of Amer Ca Surety ess as to s' Brenda D. Hockberger (Attorney-in-fact) (5) (Address) 215 Shuman Blvd. Na ervi le L 6 (.Address) ATTEST. NOTE: Date of Bond must not be prior to date of Contract (Surety) Secretary (SEAL) (1) Correct Name of Coutractor (2) A Corporation., a Partnership or an Indhidual, as case may be (3) Cozxect name of Surety Witness a to S ty (4) if Contractor is Partnership all Partners 215 Shuman Blvd., Naperville, IL 60563 should execute Bond (Address) (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. F-4 Travelers' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty& Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 15 00 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-1018 (9/04) R TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Dwight F. Miller, David C. Banks, Janice B. Kaplan, Carol F. Tasciotti, Evonne Brown, Adele M. Korezak, Grace Villarreal, Gail Schroeder, Rebecca L. Dauparas, Barbara J. Bailey, Cindy Genslinger, Gina M. Damato, Meredith C. Covelli, Thomas A. Pictor, Erik Janssens, Jane Bronson, Carrie M. Goesel, Michael Damewood, Rosemary Muliere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, David Donovan-Schager, John Fay, Lawrence R. Conrath, Marva Hurd, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D. Hockberger, Meredith Day, Kristin J. Warzyniak, Sarah A. Thorson, Michael A. Clark, of Naperville, Illinois, their true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of said Attomey(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now m full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secret and duly attested and sealed with the Company's seal b a Secret or Assistant �Y Yy Secretary Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (05-04)Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 8th day of July,2004. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA )SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD �� gJrOy AA(,o pASU,��� tlARrfdFA j' CNARTFORD, 9� z� 2�0 BY CONN �, a t • �\�� x,61 a�'� �6```�cc��a George W.Thompson • Senior Vice President On this 8th day of July,2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTbN CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30,2006 Notary Public Marie C.Tetreauit CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford,State of Connecticut. Dated this 31st day of May ,20 05.. yJ,0Y ANp'9 GASU& Ur 9 � L a" R FA a HARTFORD, mi c7 '1982 � O u CONN. ? ; � a By f, Peter Schwartz Senior Vice President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Dwight F. Miller, David C. Banks, Janice B. Kaplan, Carol F. Tasciotti, Evonne Brown, Adele M. Korezak, Grace Villarreal, Gail Schroeder, Rebecca L. Dauparas, Barbara J. Bailey, Cindy Genslinger, Gina M. Damato, Meredith C. Covelli, Thomas A. Pictor, Erik Janssens, Jane Bronson, Carrie M. Goesel, Michael Damewood, Rosemary Muliere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, David Donovan-Schager, John Fay, Lawrence R. Conrath, Marva Hurd, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D. Hockberger, Meredith Day, Kristin J. Warzyniak, Sarah A. Thorson, Michael A. Clark, of Naperville, Illinois, their true and lawful ed� n, execute and acknowledge, at an State of ILLINOIS ,nferred to sign,� � _-- g g any place within the.P_ United i County of WILL On this 31st day of May 2005 before me personally appeared Brenda D. Hockberger , known to me to be the Attorney-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same. 'A1 WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. OFFICIAL SEAL EOTY IINNY EOCKETT PUELIC, STAT E OF ILLINOIS mi_�. Exlaire� 061041D8 Motary Public) writing and a copy thereof is filed in the office of me JeeiI-LcL . VOTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice. President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (05-04)Unlimited Bond No. 104521495 I,CkTNTENAN1C BOND THE STATE OF TE7LAS COUNTY OF TARRANI` KNOW ALL.MEN BY THESE PRESENTS: That (1) Ace Pipe Cleaning, Inc. as Principal, acting hereip 1 end through (2) its duly authorized and (s) Travelers Casualty and Surety a corporation organized under the laws of the State of CT as Co surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant Count}: Texas the Surn of_Two Hundred Twenty Eight Thousand Fcur Hundred Seventy Five and 00/100 _ ($ 228,475.0 in, lawful money of the United States, for the payment of which surra well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors,admirdstrators, assigns and successors,jointly and severally. This obligation is conditioned, however; that, Wf-TEREAS,the Principal has entered into a certain contract writh the City of Fort Worth, dated 31 ss{lay of May _2005 for the performance of the following described public work and the construction of the followring described public improvements: Trertehless Point Repairs of Sanitary Sewers in Cite of Fort W01-th all of same being referred to herein and in said contract as the Work and being designated as Project No.(s) 00214 ; and said contract, including an of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will.remain in good repair and condition for and during the period Two (2) Years after the date of the final acceptance of the work by the City-, and WHEREAS, said Contractor binds itself to maintain said Nvork ixi good repair and condition for said term of JAVO (2) YEARS ; and, WHEREAS, said Contractor binds itself to repair or reconsuuct the work in whole or in part at any time writhin said period, if in the opinion of the Director of the Water Department of the Cihr of Fort Worth, it be necessary; and, V,THEREAS. said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said work as herein provided. F-5 NOW THEREFORE, if said Contractor shall keep and perform its said agreezpew to maintain, repair or reconstruct said work in accordance A ith all the temas and conditions of said Contract, these presents shall be null and.void, and have no force or effect Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover frora the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuipg one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WITNESS WHEREOF, this instrument is executed in 6 couuterparts, each one of which shall be deemed an original, dated May 31 M� 2005. ATTEST: G (Principal) Secretary Ace Pipe Cleaning, Inc. (STEAL) PRINCIPAL (4) 1509 Sylvania Ct., Fort Worth, TX 76111 (Address) itrleSS9St0 nc Travelers Casualty and Surety Company of America Surety BY: (Address) Brenda D. 'Flockberger (Attorney-in-fact) (5) ATTEST: 215 Shuman Blvd., Naperville, IL 60563 (Address) NOTE: Date of Bond must not be prior to date of (Surety) Secretary Contract (SEAL) (l.) Correct Name of Contractor (2) A Corporation, a. Partnership or an Individual, as case may be V (3) Correct name of Surety (4) If Contractor is Partnership all Partners R ✓ should execute Bond (5) A true copy of. Power of Attormey shall be Witness as Sur ty attached to Bond by Attorney-in-Fact. 215 Shuman Blvd., Naperville, IL 60563 (Address) F-6 z TravelersAlo" IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty& Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 f ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given tocomply with Section 2253-021, Government Code, and Section 53.202, Property Code;'effective September 1, 2001. STRAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-1018 (9/04) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Dwight F. Miller, David C. Banks, Janice B. Kaplan, Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, Rebecca L. Dauparas, Barbara J. Bailey, Cindy Genslinger, Gina M. Damato, Meredith C. Covelli, Thomas A. Pictor, Erik Janssens, Jane Bronson, Carrie M. Goesel, Michael Damewood, Rosemary Muliere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, David Donovan-Schager, John Fay, Lawrence R. Conrath, Marva Hurd, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D. Hockberger, Meredith Day, Kristin J. Warzyniak, Sarah A. Thorson, Michael A. Clark, of Naperville, Illinois, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of said Attorneys)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any aecond Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and :Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature °of a bond,recognizance,or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. y 1 (05-04)Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 8th day of July,2004. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA )SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD y� �� gJr�TY ANO�G �GASU&,. Y r ao 5 COWL CONK z 1982�' o By �— - - a; . �\�,� x,.61 F��,r y * ��,� George W.Thompson Senior Vice President On this 8th day of July,2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTbN CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and.that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. Rveuo My commission expires June 30,2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford,State of Connecticut. Dated this 31st day of May ,2005. �1 eJ�OY A&,Dr'ASU& u� 9 -+ A. s" WMFA m HARTFORD, < O 't 1982 O r COMM. � � CONN. o ? • � _����_- ; �b ,a By Peter Schwartz Senior Vice President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Dwight F. Miller, David C. Banks,Janice B. Kaplan, Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, Rebecca L. Dauparas, Barbara J. Bailey, Cindy Genslinger, Gina M. Damato, Meredith C. Covelli, Thomas A. Pictor, Erik Janssens, Jane Bronson, Carrie M. Goesel, Michael Damewood, Rosemary Muliere, Kathleen M. Anderson, Vaenessa Sims, Luisa Catalano, David Donovan-Schager, John Fay, Lawrence R. Conrath, Marva Hurd, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D. Hockberger, Meredith Day, Kristin J. Warzyniak, Sarah A. Thorson, Michael A. Clark, of Naperville, Illinois, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and Writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto --->,u as fully and to the same extent as if the same were signed by the duly authorized officers of the. State of ILLINOIS .i,a q„thnrity herein given,are hereby ratified and confirmed. County of KENDALL 'On this � . day of May Brenda DHockber er , known to me to be the Attorney-in-Fact of COMPANY OF AMERICA � before me the corporation that executed the within instrumentTRa"TRAVELERS Wally appeared corporation executed the sameAND SURETY acknowledged to me that such IN WITNESS WHEREOF, I have hereunto set my hand and affixed OFFICIAL SEAL MY official seal the day and year in this certificate first written above. NOTARY PUBBA M.DAAMETOQ ILLINOIS F MY(°OfV1MISSION FXPIRES APR 5,2008 / (Not Public) Secretary and duly attested and sealea w,u, one or more Attorneys-in-Fact and Agents pursuant to the power prescu„�..... Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (05-04)Unlimited PART G-CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT THIS CONTRACT,made and entered into 5- by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part,hereinafter termed "OWNER", and r-)Ct- `t le( Cjtgntn5 Inr-- of the City of Kansas ct+) Cou-ntyof and State of mkss,>U,� > Party of the Second Part, hereinafter termed "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part(Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part(Owner) to commence and complete certain improvements described as follows: CITY OF FORT WORTH,TEXAS TRENCHLESS POINT REPAIR OF SANITARY SEWERS IN CITY OF FORT WORTH PROJECT NO.00214 and all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached, including the Fort'Worth Water Department General Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence and constitute the entire contract. G-1 The Contractor hereby agrees to commence work within ten(10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the proposal. _ 1 The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in sextuplicate in the year and day first above written. Ci of Fort Worth Texas(OwagN ATTEST: Ii Party f e Fire art By '��!_ Mar Ott,Assis ant City Manager Marty Hendrix, City ecretary (SEAL) 0- �/ I t Contr ct Authori3ation Party of the Second Part/ 3G Date Contractor SSES: By i � AP VED: Approv as FormVanalhi L rS.Frank-Crumb,P.E.,Acting Director Assis ant City tmfom6ly fWater Department G-2 -77 r' I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW I _ I Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides worker's compensation insurance coverage for all of it's employees employed on City of Fort Worth Project Number 00214 I! �4� L, A/ CONTRACTOR By: &�ia��.�IWO. Title Date fl STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared w� �GZUl1p1Sc�!'�,known to me to be the person whose name is subscribed to the G foregoing Inst ment, a Acknowled ed to me that he/she executed the same as the act and deed of f i`YU for the purposes and consideration N therein expressed and in the capacity therein ted. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -3 day of 2005. ' JENNIFER RODRIGUEZ = Notary Public,state of Texas L-- a y Publ� in and fo t e S a of xas = 7 ' My Commission Expires I ''•eN,�``r April 15,2004 I R APPENDIX "A" i Documents Required for Waste Hauler Permit Inspections Al_l documents listed below are to be retained in the Waste Mauler's permanent file. ( ) Application for,Permit: All information filed-in, signed and dated. ( ) Agreement for Disposal: If disposal is at Village Creek. All information filled-in, signed and dated. Current copy of TNRC.0 Certificate, Sludge Sticker and Registration Number.. Current copy of Insurance Certificate for each vehicle. ( ) Current copy of driver's License. z The following 1tms need to he done be oy =the inspection appointment: 1. All required stickers 3 inches in height on both sides of truck in contrasting color: ` a: TNRCC Registration Number h b. Sludge Sticker c. Ft. Worth Registration Nutnber d. Discharge port labeled "DischargePort" e. Curtent Inspection Sticker f. Current Vehicle Registration Sticker g. Company name and phone number 2. Vehicle will be loaded over 50% with water.or product during inspection. 3. License plate mounted on vehicle. J �i CITY OF FORT WORTH WATER DEPARTMENT PRETREATMENT SERVICES DIVISION f Application,For Liquid Waste !; Transportation Permit (Please complete all pages of the application) 1. Name of business 2. * Physical address of business 3. * City State ZIP J 4. Mailing address of business 5. City State ZIP 6. Name of owner 7. Manager of operations .,._ager's driver's license# State S. Mann- 9. Business telephone(s) i�. Fax number Home telephone(s) 12. Emergency notification telephone(s) ` 13. Name, address, telephone number of corporation/parent company(if applicable) 14. Indicate below all the types of liquid waste to be transported: ( ) Grease Trap Waste ( ). Sand/Grit Trap Waste ( ) Septic Tank Waste (Septage) ( ) Chemical To Waste z TCEQ# Expiration Date _ * NOTE: P. O.Boxes are not acceptable. Must state street address. F b, 1:5. Within the five years preceding the date of application, have you been convicted of a 1a misdemeanor or felony that has been punishable by confinement and/or by a fine exceeding 5500.00 and which directly relates to the duty or responsibility in operating a liquid waste transportation business? Yes ( ) No ( ) Explain If Yes: z 16. Do you currently have fines or charges pending from other municipalities relating to the liquid waste transportation business? Yes ( j No ( ) Explain If Yes: 17. Complete the attached "Drivers License List" on Page 3 and "List of Vehicles to be Permitted" on Page 4. Show all information requested for each driver and vehicle to be permitted. 18. Total number of vehicles to be permitted today is 19. List below the permitted disposal site(s) to be used by the vehicles .on this permit application. Show name of contact person, address and telephone number for each site. 20. Please provide COPIES of license and proof of insurance of all vehicles to be used by.your company. 21. Please provide COPIES of the driver's license of all operators of vehicles to be used by your company. This informAtion must be updated as drivers change. 22. Please provide.a COPY of the Texas Commission of Environmental Quality Registration issued to your,company to .dispose of waste. - Schedule of Fees: General Fees: Septage charge—S16.09 per 1,000 gallons Permit Fee each vehicle-,5300.00 Monthly Service Charge-54.50 Trip Ticket Books-510.00 each f 2 22. Certification Statement: This application is to be signed by the owner of the business, -or officer of a corporation, after adequate-completion of this form and review by the person signing below, a have examined and am familiar with the information submitted in this application. I 'r. believe that the information submitted is true, accurate and complete. I agree to accept and to abide by all applicable ordinances'and regulations of the City of Fort Worth. I understand that falsification of any information submitted shall be cause for termination of the Liquid- 1, . Waste Transport Permit. I aclmowledge that this permit authorizes the transport of only those liquid wastes -listed above in item 12 and I understand that no hazardous waste or industrial waste is to be transported or mixed with liquid waste hauled under this permit. Any person willfully or negligently violating PERMIT conditions is subj ect to a fine of one thousand dollars ($1,000) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Further, the CITY may issue Notice of Violation, conduct show cause hearings, revoke this PERMIT and initiate legal actions to enforce the Ordinance and PERMIT conditions. The CITY may invoice the PERMITTEE for costs incurred for an cleaning repair, or Y Y ID1 replacement work caused bya violation or discharge, and in the event PERMITTEE fails to make payment of any such invoice, the CITY may suspend Liquid Waste Transport?ermit. I understand that the permit is valid for one year and must be renewed on an annual basis to maintain a valid permit.,, J Signature of Owner/Corporate Officer Dazs Please return to: Fort Worth WaterDepartment Pretreatment Services Division 920 Fournier Street Fort Worth, Texas 76102-3456 Phone: (817)871-8305 Fax: (817)871-8566 If you have questions or need assistance in completing this application, please call (817) 871-8305 3 _ Please list all vehicle drivers' information. x ) 4itiYn]�(yy?L ,� :.,.'.-�twN:`::•�e>>,i i1cz ate'_ti�". ^t�e3'' - -;c- � x..' - - _ ,. �. �����5�,..�:.�.��;.�,T,��.1i��.,�,�ie _,.�.�i�m���:-� �'�,�z��;i � �;�;ry ;L �'x a '•��Da eLL,::z°J� J J i . s J r _ j P. _ Y ,=({E 2 SA T� d•r.l�c rT�1 NI O �Gri cn C�:'��`•si _ co ri P4. _ Pagel of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/31/2005 - Ord. #16461-05-2005 DATE: Tuesday, May 31, 2005 LOG NAME: 60ACE PIPE REFERENCE NO.: **C-20771 SUBJECT: Adopt Appropriation Ordinance and Authorize the Execution of a Contract with Ace Pipe Cleaning, Inc. for the Trenchless Point Repairs of Sanitary Sewers in the City of Fort Worth RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $228,475 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; 2. Adopt the appropriation ordinance increasing estimated receipts and appropriation in the Sewer Capital Project Fund in the amount of$ 228,475 from available funds; and 3. Authorize the City Manager to execute a contract with Ace Pipe Cleaning, Inc. in the amount of $228,475 for the Trenchless Point Repairs of Sanitary Sewers in the City of Fort Worth. DISCUSSION: As part of this project, the contractor will make trenchless point repairs on structural defects within sanitary sewer mains and laterals. The City has the right to renew this contract for three one-year terms under the same terms, conditions and unit prices. This project is part of a continued effort by the Fort Worth Wastewater Program to eliminate and prevent sanitary sewer overflows and bypasses in the wastewater collection system and to achieve compliance for the outstanding alleged violations identified by the Texas Commission on Environmental Quality (TCEQ). The project was advertised for bid in the Commercial Recorder on March 24 and March 31, 2004. On April 21, 2005, the following bid was received: BIDDER TOTAL BID CONTRACT TIME Ace Pipe Cleaning, Inc. $228,475.00 365 Calendar Days A waiver of the goal for M/WBE subcontracting requirements was requested and approved by the M/WBE Office due to the proprietary nature of the products and technology utilized in the trenchless point repair process. This project is located in all COUNCIL DISTRICTS. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/14/2005 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of Recommendation One and the adoption of the appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1 & 2) $228,475.00 1) PE45 538070 0709020 $228,475.00 P258 472045 701170021400 3 P258 541200 701170021483 258 541200 701170021483 $228,475.00 $228,475.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: S. Frank Crumb (Acting) (8207) Additional Information Contact: S. Frank Crumb (Acting) (8207) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/14/2005