The URL can be used to link to this page

Home My WebLink AboutContract 41004�� 1�� o�,�►��- ��.�-loo � �r SPECIAL CONTRACT DOCUMENTS FOR FORT WORTH WATER DEPARTMENT EMERGENCY RESPONSE CONTRACT RT RTH � 0 0 , � WATER ; � ��'�� ,�� : ��:; � �ITY ��Ei��:,_'; ��`m ��i�� ":� r l ~ 1 J J ] ~I ~] MIKE MONCRIEF MAYOR SPECIAL CONTRACT DOCUMENTS FOR FORT WORTH WATER DEPARTMENT EMERGENCY RESPONSE CONTRACT S . FRANK CRUMB, P.E., DIRECTOR WATER DEPARTMENT PREPARED BY WATER DEPARTMENT DALE FISSELER CITY MANAGER OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX --------------------------------------------------------------------------------------------------------------------- D r-1 ,-1 FORT WORTH WATER DEPARTMENT EMERGENCY RESPONSE CONTRACT June,2010 Y.1a.rvh~ Approved: S. Frank Crumb, P.E. Director, Water Department J;?)pDJ~. Approved: Charly Angadicheril Assistant Director Chris P. Harder, P.E. Fort Worth Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 ------------------------------------------------------------------------------------------~J :l I ~ l ~J TABLE OF CONTENTS FORT WORTH WATER DEPARTMENT EMERGENCY RESPONSE CONTRACT PART A PARTB PARTC PARTD PARTE PARTF PARTG APPENDIX "A " NOTICE TO BIDDERS . Notice to Bidders Special Instructions to Bidders PROPOSAL Proposal M/WBE Requirements GENERAL CONDITIONS SPECIAL CONDITIONS TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS Item 0100 Item 0400 Summary of Work Bypass Pumping, Flow Control, and Plugging BONDS AND INSURANCE Certificate of Insurance Performance Bond Payment Bond Contract or Compliance with Workers Compensation Laws CONTRACTS Contract Form WASTE HAULERS PERMIT INFORMATION I;l I ~, NOTICE TO BIDDERS Sealed bids for the Fort Worth Water Department Emergency Response Contract, will be received at the office of the Purchasing Manager until 1 :30 P.M., Thursday, July 22nd, 2010 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 10:00 AM on Wednesday, July 7th, 2010 at the SCADA Conference Room, South Holly Water Treatment Plant, SCADA Building, 1511 11th 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 may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Water Department at 817-3 92-8240. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of ninety (90) days from the date the bids are received. For additional information regarding the project, contact Chris Harder, P.E. 817-392- 8293. For information regarding contract documents or plan holders lists, contact Carmen Olivo at 817-392-8240. Advertising Dates: June 24, 2010 July 1, 2010 1 I ] 1. SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) 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 meeting 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, equipment on-hand, and experience. 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 prepared, the previous statement shall be updated by proper verification. (c) CONTRACTOR EXPERIENCE: For an experience record to be considered to be acceptable, 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 and/or emergency response situations 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/situations where wastewater/sludge was transferred from one point to another in an emergency situation and where bypass pumping was involved. References must include a contact person name, telephone number, project name, and the specific work done. (d) EQUIPMENT LISTING: In order to perform emergency services of the nature specified within this contract, it is critical that the prospective bidder have equipment available in close vicinity to the City of Fort Worth. The prospective bidder shall submit the equipment owned by their company, located within the Dallas/Fort Worth metroplex area, to be utilized in performance of this contract. Where the prospective bidder intends to supplement his equipment with equipment from another company, a letter from the other company along with the equipment to be provided needs to be attached. ( e) PERSONNEL EXPERIENCE The prospective bidder shall submit the name and resume for the proposed local project manager. This information shall include a list of similar projects that the proposed project manager completed within the last three (3) years. Information must show project manager/field manager is available 24/7 as required for an emergency response. The Water Department will review each pre-qualification submittal. The following conditions will apply: 6/11/2010 Page 1 of 4 Special Instructions to Bidders ] 2. (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) The City, in its sole discretion, may reject a bid for failure to demonstrate an acceptable performance, financial statement, local equipment schedule, local experience and/or expertise. ( c) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. (d) 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) 392-8293 (Fax 817-392-8410). Pre-qualification submittal should be sent to: Mr. Chris Harder, P.E. Fort Worth Water Department 1000 Throckmorton Street Fort Worth, TX 76102-6212 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, arid 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. 6/11/2010 Page 2 of 4 Special Instructions to Bidders n TI 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 72nd Session of the Texas Legislature and amended by the 73rd Session of the Texas Legislature with HB1569. 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): 4. 5 . 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. 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. The surety 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. BONDS: A performance bond and a payment bond each for o:oe 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. 9. 6/11/2010 BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 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. Page 3 of 4 Special Instructions to Bidders TI I ] 10. 11. 12. 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. 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. 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. 15530 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. ---------------------------------------------------------------------------------------------------------------- 6/11/2010 Page 4 of 4 Special Instructions to Bidders PART B -PROPOSAL This proposal must not be remo ved from this book of Contract Documents . TO : Dale Fisseler City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all equipment, materials , and labor and all incidental work required to respond as requested by the Fort Worth Water Department for water and wastewater emergencies. PROJECT NAME Fort Worth Water Department Emergency Response Contract Water Department Project Fund PE45-0705011-539120 (Lift Stations) Fund PE45-0605002-539120 (Holly WTPs) Fund PE45-0605003-539120 (Rolling Hills WTP) Fund PE45-0605011-539120 (Eagle Mountain WTP) Fund PE45-0705012-539120 (Meter Stations) Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly ex amined 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 appro val 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 furnish 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 Wo rth Water Dept. --B-1 -" ------------------. -----------Proposal Fort Worth Water Department Emergency Response Contract Item Approx. Unit Description of Item with Unit Unit Price Amount Bid No . Quantity Price Written in Words Bid (Furnish and install , including all appurtenant work, complete in place, the follo w ing items) i. I 8 I Job Move In : Dollars !EA I I and Cents I __________ I Per mobilization, per work order I .t..o.oo 2 . ! 80 ! HR I Large Jet-Vac -Truck Utilization i 1 Dollars 1 I I I~; truck, per hour Cents I $ 215.00 ·--·--·-··---:-------· .. --.. -----·-· :--·--·-·····--·-··· .. ----.----·-··--.... -------·------: __ _....,,. 3. j 60 l I HR I Vacuum Tanker Truck Utilization i Dollars I and Cents Per truck, per hour j $ 125.00 ! 1 40------c·--y--·--+~:-:-s-te_D_is_p_os_a_1 ____ g~;~s I -4. I I Per cubic yard material disposed I $ 70.00 -------+----· 5 . I l ·· .. , 1 EA l -:-Yd_pa_s_s_P_u_m_p_i_n_g_-_6_"_p_u_mf~:;:p I I I I Per_6_"-pum_p_in-st_al_le_d_ I $ 1,200 .00 1-----~ 6. 1 I EA I Bypass Pumping -8" pump set-up I Dollars 1 . . , I ~; 8" pump installed Cents I $_2,500 .00 • -7~-! 300----1-LF ----rT;.;.p~-;:-ary Piping i I , l -an-d __________ ~---_-_-_-_-_-_-_-_-~~~~:s i I I ! I Per LF piping installed I $ 2.00 i 8. ·1 12 I HR ii Bypass Pumping Operatio_n __ ... _ .. _·;--·-· --- 1 I and g~!':3 I I 2 1 EA ·I ~:~~::~i.::.;:;~:~r~:'! l $_ 150 · 00 I I plugs, 6" -15" diameter 9. I Dollars 1 --------- 1 and Cents i i Per each, per plug '-----'-----'----'-I $ _ll)00.00 I $ o.oo I == I $ 17,200.00_ r I $ 1,soo .00 I - I $ 2,800.00 -i --·· -. I ! $ 1 200 .00 I ~ 2,500 .00 . \ $ 600.00 I $_),800.00_ I $ 4,000 .00 I ~1 ----------------p orfWoitli Wai.er DepC ---------------------------Proposal -------------- 10. 2 I EA Temporary installation of sewer 1---· plugs, 16" -36" diameter I r Dollars I i i I and Cents , , , , , I l __ J _______ J_ ________ [_~~~~ac~! per _~~'.1.E ________________ J_~ 2,500. OQ · 11 . I 1 I EA ' Temporary installation of sewer · I ! $_5,0Q_Q.00 J I plugs, 39" -60" diameter · . Dollars , i,,ii ·= I and Cents ! ! Per each, per plug I $ 3,500.00 . i $ 3,500.00 I L +-----+-----;.-------------·--------------; "" ----·· ·-· ----···--+---"····-... ·-·---· -·-· .................. _____ : I 40 J HR i Additional Field Personnel Support I ! · ! 12. , _an_d _______ ~;~~:s I Per-h-ou_r_p_e_r_p-er_s_o_n-=._-=._-=_ _____ ..LI ~$~8==0==.o==o~,,,,,___Jl__:$:~ . ..:3=:,2=.= ... o==o==.o==o,,,,,,_ TOTAL AMOUNT BID $ 49 300 .00 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 furnished 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 . -------------------------------------------------------------------------·----------------Fort Worth Water Dept. B-3 Proposal ----------- (Complete A or B below, as applicable:) ____x_A. The principal place of business of our company is in the State of MO 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 of Missouri , 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) __ _ Addendum No. 3 (Initials) ___ _ Addendum No. 2 (Initials) __ _ Addendum No. 4 (Initials) ----- Fort Worth Water Dept. B-4 Proposal Respectfully submitted, Ace Pipe Cleaning, Inc. Title ------Regional Manager Address 1509 Sylvania Court Fort Worth, TX 76111 Telephone: 817-332-1115 (Seal) Date: 1 / Z?./ 10 Fort Worth Water Dept. B-5 Proposal SECTION Cl-1 PARTC GENERAL CONDITIONS DEFINITIONS Cl-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: Cl-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 PARTB PARTC PARTD PARTE PARTF PARTG NOTICE TO BIDDERS PROPOSAL GENERAL CONDITIONS SPECIAL CONDITIONS SPECIFICATIONS BONDS CONTRACT WHITE WHITE YELLOW GREEN WHITE WHITE 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: PART A NOTICE TO BIDDERS PART B PROPOSAL PART C GENERAL CONDITIONS PART D SPECIAL CONDITIONS PART E SPECIFICATIONS PERMITS/EASEMENTS PARTF BONDS PART G CONTRACT PART H PLANS (Usually bond separately) Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the Notice to Bidders. Fort Worth Water Department C-I General Conditions C 1-1.4 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. Cl-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. C 1-1.6 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. Cl-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. C 1-1 .8 SPECIFICATIONS: 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. Cl-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) Cl-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. Cl-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 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. Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro Tern of the City of Fort Worth, Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. Cl-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. Cl-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. Cl-1.19 EN GINER: 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. Cl-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. Cl-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 · General Conditions Cl-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. Cl-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. Cl-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Port 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 Day 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. Cl-1.26 ABBREVIATIONS : Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO ASCE LAW ASTM AWWA ASA I-Il Asph. Ave . Blvd. CI Fort Worth Water Department American Association of State Highway Transportation Officials American Society of Civil Engineers In Accordance With American Society of Testing Materials American Water Works Association American Standards Association Hydraulic Institute Asphalt Avenue . Boulevard Cast Iron C-4 General Conditions 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 Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplement agreement between the Owner and the Contractor covering some added or deducted item or 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 ofa 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 furnished by the Contractor. C 1-1.28 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 C 1-1.29 UNPAVED STREETS AND ALLEYS: An unpaved street, alley, roadway, or other surface is any area, except those defined above for "Paved Streets and Alleys". Cl-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 •, . . .. Cl-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. Cl-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.l 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 furnished 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 ex ecuted and filed with the Director of the City Water Department one week prior to 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 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 · General 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-f~cie 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 PROPOSAL: The Bidder shall submit his Proposal 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, a~sociation, 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 C2-2.6 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 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 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. C2-2 :8 WITHDRAWING PROPOSALS: Proposals actually filed with the City 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. 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 is not 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 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. l l 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. B . C . Reasons for believing that collusion exists among bidders Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. 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. The bidder not filing with the Owner, one week in advance of 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 ~howing 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 A WARD AND EXECUTION OF DOCUMENTS C3-3. l 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 for bidding 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 WITHDRAW AL 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 AW ARD 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 . 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 Contract9r 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 performance bond shall guarantee the payment for all labor, 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. l 0 . 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 furnished 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 furnished 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 A wardee 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.I0 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 "Prnceed 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 General Conditions 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 b y the Owner. The prime cdntractor 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 ;md Property Damage Insurance) in the amount not less than $500,000 covering ea~h 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 D. Automobile Insurance -Bodily Injury 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 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 his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured orby 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 Bonding: 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 wages to all persons engaged in work on the project at the site of the project shall be 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 ADMINISTRATION: 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 General Conditions SECTION C4-4 SCOPE OF WORK C4-4.l 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 (orm 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 pr~visions 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 ofthe 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. · 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 complere compensation, to cover the cost of superintendence, 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 C). 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 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 Y:z'' x 11" sheets and at least five black or blue prints shall be 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 minimum be 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 _. 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. 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 furnished, 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 request of the Contractor, render and deliver to both 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 CS-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 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. CS-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 authorized to inspect all work done and to be done and all materials .furnished. 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 ii CS-5.9 INSPECTOR: The Contractor shall furnish 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 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. CS-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORJZED 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 under 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 MA TERJALS 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 and expenses (including attorney 's fees) arising out of the use of substituted materials or equipment. CS-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 be used later in the concrete. Should the sow;-ce of supply change, new tests shall be made prior to the use of the new materials. CS-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. CS-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 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 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 work. CS-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 entrance door knob. The tag shall be durable in composition, an in large bold type shall say: Fort Worth Water Department NOTICE 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 C-27 General Conditions B. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as abo ve, 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 . l 7 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 D0cuments 1 and before final acceptance and final payment will be made, the Contractor 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 inade 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 SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6 . l 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 foes, 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, and 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 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 Owner reserves the right to remedy any neglect on the part 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 time.s 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 PRIVELEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT OF WAY: For performance o fthe 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 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 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 th~ 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 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 6701d 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 Worlcs 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 r~placed by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, 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 protectiop., 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 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 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. l O 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 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 furnished 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. 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. l l 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 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 terms and conditions of the Contract, WHETHER ARISING OUT OF OR IN 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. In 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, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final 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 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, ifhe 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 lading, and other books or papers containing any evidence as to the amount of 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. l 5 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 General Conditions 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-l .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 NOW AIVER 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 disco vered 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 of way or other easement which has been dedicated to the 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 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 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 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 eq~pment, 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 has received written approval from the Engineer. Such specification or approval by the Fort Worth Water Department C-39 General Conditions 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 Contractor in or about or on the work who, in the opinion of the Owner, shall 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 sati:;factory 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 Cl-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 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. 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 Cl-1.24 and the Contractor may work as he so desires. 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 iri 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. 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 TIME 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 Fort Worth Water Department C-41 General Conditions on schedule. This shall include efforts to obtain the supplies and materials from alternate 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 .10 TIME OF COMPLETION: The time of completion is an essential element of 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 oftime 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 $25 ,001 to $50 ,000 inclusive $105.00 $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 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. C7-7.1 l 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 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. 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 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 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 Col).tractor and final payment shall be made in accordance with the terms of the agreed settlement, 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 of the City Council shall be served on the 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 shall thereupon become due and payable to the Sureties as the work progresses, subject to 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, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work arid 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, information and other property which, if the contract had been completed, would have been required to be furnished by the Owner. 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 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 adjustments to correct the list, as submitted, shall be made prior to final settlement. C. Termination Claim: Within 60 days after notice of termination, the 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 writing are granted by the Owner upon request of the Contractor, made in writing 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 ifltem 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 tl_ie provisions of this clause, and not otherwise recovered by or credited to the Owner. 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 and 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 defa:ult or breach of contract by Contractor. C7-7.l 7 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. 1 Fort Worth Water Department C-49 General Conditions SECTION C8-8 MEASURMENTANDPAYMENT 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 CS-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 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 v alue 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 thereof) The Contractor shall 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 fumi.shed by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of 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 furnished 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 General Conditions C8-8. l O 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. l 1 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 in the Proposal to establish unit prices for 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. CS-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. Fort Worth Water Department C-53 General Conditions _j J J PART D -SPECIAL CONDITIONS D-1 PROJECT DESIGNATION: Work under these Special Documents shall be performed under the following Fort Worth Water Department Project Designation: Fort Worth Water Department Emergency Response Contract D-2 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. . D-3 PRE-PROJECT CONFERENCE AND SUBMITT ALS: 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 emergency response personnel and contact names, their phone numbers and email address. D-4 WASTE HANDLING 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) 392-8305. All vehicles and equipment used in the transportation, storage and disposal of debris removed during emergency and 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 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 their TCEQ registration letter and 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 proper TCEQ 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-5 WORK ORDER COMPLETION TIME: Part C, General Conditions, Section C7-7 Prosecution and Progress, paragraph C7-7.1 O Time Of Completion, shall not apply. Part DSC-1 6/24/2010 J For most emergency work , Contractor shall be required to maintain the work stipulated in the work order until repairs are complete . For non-emergency work orders, the expected duration of the work will be incorporated into the work order. If the Contractor is in disagreement with the allotted time for completion of the work order, the Contractor must respond in writing for the reason of the disagreement, along with a written request for a time extension . 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 working day that any Work Order shall remain uncompleted after the time specified in the Work Order, a total of $200.00 will be deducted from monies due the Contractor. D-6 BID QUANTITIES : Bid quantities of the various items in the Proposal are for bid comparison only and may not reflect the actual quantities. Moreover, there is to be no limit on the variations between the estimated quantities shown and the actual quantities performed. D-7 JOB MOVE-IN: Upon verbal notification by the City, the Contractor shall mobilize and initiate work at the designated work site within two hours from notification, unless specifically instructed by the City otherwise. It is imperative that the Contractor respond in a timely manner when notified by the City. Therefore, failure by the Contractor to report to the site of an emergency within two hours . from the point of contact by the City shall be basis for termination of the Contract by the City. D-8 LIFE OF CONTRACT: The life of this Contract shall not exceed 365 calendar days following the date of the Notice to Proceed nor exceed the limit of the bid price, whichever should occur first. D-9 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 thirty (30) 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-10 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 CONTRACTOR does hereby assume all liability and responsibility for injuries , claims or suits for 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 CONTRACTbR'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-11 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 PartD SC-2 6/24 /2010 - _1 J 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-12 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 directly with 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 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. PartD SC-3 6/24/2010 J l ] J 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. 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: Part D SC-4 6/24/2010 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. D-13 REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this project 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. D-14 WAGE RATES: The labor classifications and minimum wage rates set forth herein have 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. D-15 WEEKEND, HOLIDAY AND NIGHT WORK: Contractor is to respond to the location of the work order regardless of weekend, holidays or after hours. PartD SC-5 6/24/2010 D-16 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 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-17 EXAMINATION OF SITE : It shall be the responsibility of the prospective bidder to understand that this is a citywide contract, with potential work sites located citywide . D-18 ACCESS TO THE WORK: Access to sewer collection 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. 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-19 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-20 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 . Where existing utilities or service lines are cut, broken or damaged , the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction or better 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. D-21 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, Section1910 or 1926 as applicable. 2 . Exercise every, precaution at all times for the prevention of accidents and the protection of -----------------------------------------------T----.-----------~--~ PartD SC-6 6/24/2010 J 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-22 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-23 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 authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article 6701 d Vernon's Civil Statutes , pertinent sections being Section Nos . 27, 29, 30 and 31 and also in 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 RESPONSIBIL TY, 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. 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-24 PROTECTION OF TREES, PLANTS, AND SOILS: All property along and adjacent to the 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 . D-25 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-26 WATER USAGE: Water usage by the Contractor for jet-vac trucks shall be taken from approved fire hydrants via a 2" meter obtained by the Contractor from the Owner. 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 this --------------------------------~--------------,-----------------"T --.-.,-... ---------------------..... -- PartD SC-7 6/24/2010 J contract. D-27 SPILL PREVENTION AND RESPONSE PLAN: The Contractor shall produce a written document expla ining 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 DSC - 8 6/24/2010 1 11 --, l ~] -J TECHNICAL SPECIFICATIONS ------------- -----------------------------------------·-------------------~----------------------------------- 'l I 1 TI il PARTl GENERAL ITEMOlOO SUMMARY OF WORK 1.01 SCOPE A . B. The Contractor shall complete the work as specified in the plans and specifications. The work is located throughout the City of Fort Worth, Tex as. Specific 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 may consist of the following items: 1. 2. 2. 3. 4. 4. Assistance with cleaning water plant sedimentation basin sludge along with sludge removal and disposal. Assistance with cleaning wastewater treatment plant basins, vaults , wetwells, etc. Assistance with cleaning wastewater collection system, to include lift station wetwells and meter vaults, along with transportation and disposal of collection system debris . Emergency vactor and tanker truck response to sanitary sewer collection system emergencies as required to prevent system backups and/or overflows. Bypass pumping operations and flow diversions Temporary piping to be utilized with bypass pumping operations. 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. D. 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 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. Comply with applicable building codes and environmental requirements -------------------Fart-Werth Water-E>epartment-----------------01-00 -1------------ -" -" ----..c __ ---Suinmatyuf-Work------------~J ' u ~J 1.03 1. 2. Comply with city, state, and national codes as a minimum or the requirements of these documents if more stringent than codes. 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. 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 or request for assistance 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 two hours from receipt. Bid Item 2-Large Jet-Vac Truck Utilization: Work shall be measured and paid per large jet vac-truck and operator on the site of the work order, per hour utilized. Transportation time to and from the work order site shall be considered subsidiary to the mobilization (Job Move-In) costs. The large jet-vac truck shall have a debris tank of minimum 8 cubic yard capacity, a minimum suction blower capacity of 27" Hg, and/or a pumper with the capability to produce 170 gpm flow rates and 2,500 psi pressure. Bid Item 3 -Tanker Truck Utilization: Work shall be measured and paid per tanker truck and operator on the site of the work order, per hour utilized. Transportation time to and from the work order site shall be considered subsidiary to the mobilization (Job Move-In) costs. The tanker truck shall have a minimum 5,000 gallon tank capacity along with a suction pump with 1,000 gallons per minute capacity. Bid Item 4-Waste Disposal: Work shall be measured and paid per cubic yard of all bulk sludge, grit, water plant debris, and wastewater collection system debris, removed and disposed of as part of the completion of the work order. Liquid removed from the wastewater collection system and discharged directly back into the wastewater collection system will receive no direct compensation but will be considered incidental to the jet vac truck utilization. Work shall be full compensation for all disposal costs. Work to include providing the City with copies of all manifests and disposal records. Bid Item 5 and-6 -Bypass Pumping Using Various Size Pumps: Work shall include all labor, materials, and equipment to install and set up various size pumps and up to 300 linear feet of temporary flexible piping required in order to bypass wastewater. Price shall be full compensating for all incidentals necessary to set up various size pumps. -----------------_ Fort-Worth-Water-Department ------------------------0-1-00---2----------------------------Summary-ef:Work--------------- 1 1 ' I l 1 1 -1 -1 -1 Bid Item 7 -Temporary Piping: Work shall include the labor and materials required to setup and utilize temporary piping in addition to the 300 linear feet included in the unit price for bypass pumping. Pipe diameters to range from 6" to 12". Pipe materials may be flexible or fused HDPE, and shall meet the pressure requirements of the bypass pumping situation. Bid price shall be measured and paid per linear foot of temporary piping installed. Bid Item 8 -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 Items 9-11 -Temporary Installation of Plugs, Various Diameters: Work shall include the setup, installation, maintenance, and removal of plugs and flow through plugs as required to restrict or control water and wastewater flows through an area to be bypass pumped or as a means of controlling flows. Work shall be measured per plug installed and maintained, for a maximum duration of five calendar days. Plugs installed beyond five calendar days will be compensated at a multiplier rate of the number of days installed and maintained divided by five calendar days. Bid Item 12 -Additional Field Personnel Support: Work shall be measured and paid per field personnel assigned to the work order, per hour of work performed. It is assumed that one operator is assigned to each vehicle, and therefore their time is subsidiary to the hourly rate for that piece of equipment. However, when specifically requested by the City, Contractor shall provide additional staffing at work order site in order to help complete the work order in a timely manner. PART2 PART3 PRODUCTS - EXECUTION- Not Applicable Not Applicable _________________ Fmt~orth_Water.12epartment_ ______________ QlQQ_.-3 _ ----------------=-----------Sumrnary-o:f:-Wmk-__ __:___~------- -J u J Part 1 -General Item 0400 Emergency Bypass Pumping, Piping Flow Control, and Plugging Contractor shall be required to set up plugs, bypass pumps , and temporary piping at locations designated by the Owner as required in order to perform the work to alleviate emergency conditions. Part 2 -Equipment Contractor shall be responsible for all equipment for plugging or bypass pumping operations, including pumps , piping, compressors, diesel generators , valves , plugs, etc. Delivery and setup of equipment associated with bypass pumping operations shall be considered incidental to the price for bypass pumping. Part 3 -Execution 3.1 Bypass Pumping Operation A. Pumping and bypassing of sewer lines or lift stations shall not be allowed without prior approval by the Owner. Prior to the bypass pumping operation by the Contractor, Owner shall approve of the bypass pumping method , equipment, piping and discharge location . 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 perm itted 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 , flexible piping , conduits, and other equipment to divert the flow of wastewater around the manhole , junction box, lift station , or treatment plant facility 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. Costs for associated equipment such as piping , generators , valves, plugs, fuel, etc shall be subsidiary to the unit price for pump setup and operation . Should more than 300 feet of piping be required as part of the bypass pumping, additional piping shall be compensated at the unit price for additional temporary piping. ________ ------Eort-Worth Water--Departm~nt -----------------400 ---1----------Bypass-Pwnping,--How -Go ritrol ,-a.ncf Plugging ------------ j ~J ] 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 A. Plugging or blocking of sewer line shall not be allowed without pre approval by the Owner. If approved by the Owner 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. B . Pipe plugging shall be measured and paid per plug installed of the various diameters listed. Price shall include all setup costs , installation, maintenance, and removal of the plug upon completion of the emergency work. _____________ E ort_W_o.rth ..W_ateLD.epartmenL ________________ 4QQ~-2-------B)'Pass-Pumping,-F-low -Control,-and -l?lugging------------ 1 1 1 --, I l 'l I 1 l BONDS --. ---------------, ------ Bond 105502723 PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § That we, (1), Ac~· P i ;>e C l ic!<Jilln{J, Inc. KNOW ALL BY THESE PRESENTS: (2) Trcve10 r ~ Cas1rn l ty and Surety CQrnpa ny of /\111.-H·lcn as Principal herein, an d _,. a corporation orgnnized and existing under the laws of the State of (3) <::onnect I c\lt , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, T ObL. h · · th t f Fo r tv Ni nP. Thou•iand Throe Hundrf!d and 00/00 exas, 1gee .. erem, m e amoun o _. _-__ . ___ ---·------------- _______ Dollars($ 49 ,300 .. oo ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, frrmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the ObUgee dated the _!!_day of Srp k,..~,r , 20~, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, fo r the following Water and \fost-_io,~mte r Eme r.gel'lcy Re!'lponse; Refe r e ncP. No,: C-?44 71 project: ------------------------------ NOW, THEREFORE , THE CONDffiON OF THIS OBLIGATION IS SUCH, tha t if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecut ion of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this Z. I ,20..l..Q... ------ (SE AL} l\co P i pe ClefJr)i rJ(I, Inc . Address : 1509 Sy I van i ,, Ci. For-r \1or-rh, TX 76 111 Travelers Casuali'y and Surety Company of America -----------------SURETY By: h\Qi;z_, cc l r(_,d L \;~ Name: Mt;l rva Mi Iler Attorney in Fact Eu,ALP4W ~ Witness as to Surety Address: One Tower Square Hartford, CT 06183 Telephone Number: eoo-74 7 -37 19 NOTE: (1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. State of Incorporation of Surety Telephone number of surety must be stated. In addition, an orlgfnal copy of Power of Attorney shall be attached to Bond by the Attorney-In-Fact. The date of bond shall not be prior to date of Contract. -..... TRA\IELERS J WARN ING : THIS POWER O F ATIORNEY IS INVALID W IT HO UT THE RED BO RDE R POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insur anc e Company Fidelity and Gu aranty Insurance Und erwriters, In c . St. Paul Fire and Marine In sur ance Comp any St . Paul Gu ardian In surance Company St. Paul Merc ury Insur ance Compan y Travelers Casualty and Sur ety Company Travelers Casualty an d Surety Company of America Unite d States Fideli ty and Guaranty Company Attorney-In Fact No. 2225 36 Certificate No . Q Q 3 7 2 7 4 8 8 KNOW ALL MEN BY THESE PRES ENTS: T hat St. Pau l Fire and Marine lnsurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Ins urance Company are corporations d uly organized under the laws of the State of Mi nnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Cas ualty and Surety Company of Ame ri ca are corporati ons du ly organ ized under the laws of the State of Connecticut , that United States Fide lit y and G uarant y Company is a corporatio n dul y organ ized under th e laws of the State of Maryland, that Fideli ty and Guaranty Insurance Company is a corporation d uly organized un der the Jaws of the State of Iowa , an d tha t Fi deli ty and G uaran ty Insurance Underwri ters, Inc ., is a corporation duly organized under the laws of the State of Wisconsin (herein coll ec ti vely call ed th e "Compani es"), and th at th e Companies do hereby make , const it ute and appoi nt Carol F . T asc io tti , Evo nn e Bro wn , Ad e le M . Ko rczak, G race Vill an-eal, Ga il Sc hroed e r, C ind y Gens lin ger, Gin a M . Damato , T ho mas A. Pi ctor, Erik Jan sse ns, Jane Bron so n , Mich ae l Dame wood , Rose mar y Muli ere, Ka thl een M. A nd e rso n, V ae nessa Sims, Lui sa Sey mo ur, M arva Mill e r, Th o ma s N. T ag ue, Bre nd a D . Hockb erger, Me redith Day, Carlina A . Je we ll , T ara S . Pe terse n, T odd D . Barani ak, Da le F. Po qu e tt e, O scar F. Rin con, Heath e r Meyer, Mo ises A lcantar, J a mes P . Faga n, Heath e r J . Me neghe tti , S te ph ani e Mill e r, G ra ce Lawrence, Dav id Le tc he r, Andrew Sto ntz, Ann Mulder, G a bri e l Jac qu ez, Ambe r E . Armand , M atth e w Do novan, Joa nn a L. Le ggett , a nd M atth e w T o bi as of th e City of N aper yjJl e/Cbicago , State of TJlioai s , their true and lawfu l Attomey(s)-in-Fact , each in th eir se parate capacity if more th an one is named above , to sign , exec ute , seal and acknow ledge any and all bonds , recognizances, conditional undertakings and other w ritings o bligatory in th e natu re the reof on behalf of the Companies in their b usi ness of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guarantee in g bonds and undertaki ngs req uired or perm itted in any actions or proceedings allowed by law. S~tj,of ILLINOIS c1nty of DUPAGE Onthis 2.\ dayof s,"~"'bt,,- known to me to be the A-=tt=--=-o-rn_e...,.y'-:-in=-:-F~a~ct:_o_f~T-RA--V-E-..:.L_E_R_S 'cAsi?l~TY before me personally appeared Marva Miller that executed the within instrument and acknowledged to me that such corp~o!~!Jd~~~~ OF AMERICA, th e corporatio~ IN WITNESS WHEREOF , I have he:unto set my hand and atr,xed my official ,Leal the day and year in~this certificate first written above. BRENDA D. HOCKBERGER I . \ NOTARY PUBLIC -STATE OF ILLINOIS ~,I J'-21_( ~ MY COMMISSION EXPIRE S FEB 4 2012t • b ~!. ) 2-q %q-~~~~~~~~~-~~ 0 ary U IC State of Conn ecti cut C ity of H artford ss. / On th is the I 6 th day of Jun e 20 lO , before me personally appeared George W. Thompson , who acknowledged himself to be th e Senio r Vi ce Pres id e nt of Farmi ngton Casualty Compan y, Fi de li ty and Guara nty Insurance Company, Fidelity and Guaranty Ins u rance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul G uardian Insurance Company, St. Pau l Mercury Insurance Company, Travelers Casualty and Su rety Company, Travelers Cas ualt y and S urety Company of America , and United States Fidelity and Guaranty Company, and that he , as s uch , being authorized so to do, executed the fo regoi ng in stru me nt fo r the purposes th e rein contai ned by signing o n behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and offic ial seal. My Commission expires the 30th day of June , 201 1. 58440-4-09 Printed in U.S.A. '-Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the fo llow in g re so lutio ns adopted by th e Board s of Directors of Farmington Casualty Compa~y , Fidelity and Gu aranty In suran ce Company, Fidelity and Guaranty In sura nce Underwrite rs, In c ., St. Paul Fire and Marin e In sura nce Company, St. Pa ul Guardian In surance Company, St. Pau l Mercury In s urance Company, Travelers Casualty and Surety Company, Travelers Casualty an d Surety Company of America , an d United States Fidelity and Guaranty Company, whi ch reso luti ons are now in full force and effect , readin g as follows: RESOLVED , that the Chairman, th e Pres ide nt , an y Vice Chairman , any Executi ve Vice President, any Senior Vice Pres ide nt , any Vice Pres id e nt , any Seco nd Vice Pres id e nt , the Treasurer, a ny Assistant Treasurer, th e Corporate Sec retary or any Assistant Secretary ma y appoint Attorneys-in-Fact and Agents to ac t for and on behalf of th e Company and may give s uch appointee s uch authori ty as h is or her certifi cate of authority may prescribe to sign with th e Company 's name a nd seal w ith th e Comp any's seal bonds, recognizances, contrac ts of indemnity , and other writin gs obli gatory in the nature of a bond, recogni zance , or conditional undertakin g, and an y of sa id officers or th e Board of Directors at any time may remove any such appointee a nd revoke the power give n him or her; and it is FURTHER RESOLVED, that th e Chairman, the President , a ny Vice Chairman , any Executive Vice Pre s ident , a ny Se ni or Vice Pre si dent or any Vi ce Pre sident may delegate all or any part of th e foregoi ng auth ori ty to o ne or more officers or em pl oyees of this Com pany , provided th at each such delegation is in writing and a copy th e reof is filed in the office of the Secretary ; and it is FURTHER RESOLVED , th at any bo nd , recognizance, contract of indemnity, or writing ob li gatory in the nature of a bond , recognizan ce , or conditional undertakin g shall be valid and binding upon th e Company when (a) sig ned by th e Pres ident , an y Vice Chairman , any Executive Vice Pres id ent , any Senior Vice President or any Vice President , any Second Vice President, the Treasurer, an y Assistant Treasurer, the Corporate Secretary or an y Assistant Secretary and dul y attested and sealed with th e Company 's sea l by a Secretary or Assistant Secretary ; o r (b) du ly executed (under seal , if required) by one or more Attorneys-in-Fact and Agents purs uant to the power prescribed in hi s or her certific ate or th eir certifi cates of aut hority or by o ne or more Company officers pursuant to a written de le gation of authority; and it is FURTHER RESOLVED , th at the s ig nature of each of th e fo ll owing officers : Pres ident , an y Executive Vi ce Presi de nt , any Senior Vice President, any Vice President , a ny A ss istant Vice President, any Secretary, any Assistant Secretary, and the sea l of the Company may be affixed by facs imil e to any Powe r o f Attorney or to any certifi cate relating th ere to appoi ntin g Resid e nt Vi ce Presidents, Res ident Assistant Secretaries or Attorneys-in-Fact for purposes only of exec uting and attesting bonds and und e rt akings and othe r writings o bli gatory in the nature th e reof, and any s uc h Power o f Attorney or certifi cate bearing such facsimile signature or facsimile seal shall be valid and binding upon th e Company and any s uc h power so executed and certifi ed by s uc h facsimile s ignature and facsimi le sea l shal l be vali d and bin di ng on th e Company in the future with respect to any bond or und erstandin g to which it is attached . I , Kori M . Johanson , th e unders igned , Assistant Secre tary , of Farmington Casualty Company, Fidelity and Guaranty Ins urance Company, Fidelity and Gu aranty In surance Underwriters , In c ., St. Paul Fire and Marine In surance Company, St. Paul Guardian In s uran ce Company, St. Paul Merc ury In surance Company, Trave lers Casualty and Surety Company, Travelers Cas ualty and Surety Company of America, and U nited States Fidelity and Guaranty Company do hereby certify th at the above and foregoing is a true and correct copy of the Power of Attorney exec uted by sa id Companies , which is in full fo rce and effect and has not been revoked. IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed the seal s o f sai d Companies thi s _Z._t __ day of __ S_e~p_~,._\,,_r _____ , 20 ~ 0 ~ Kori M. Johans To verify th e au thenti c ity of this Powe r of Attorney, call 1-800-421-3880 or contact us at www.travelersbond .com. Pl ease refer to th e Attorney-In-Fac t number, the a bove-n amed indi vidu als and the de tail s of th e bond to which the pow er is attach ed . WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ·- ~ TRAVELERSJ -·····-··-·· ················--····------··-·------···-. -~-~--,--.,.~ IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company1 Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims l 500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department oflnsurance 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 TEilS NOTICETO 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, Govemment Code, and Section 53 .202, Property Code, effective September 1, 2001 . 1 THE STA TE OF TEXAS COUNTY OF TARRANT Bo nd 1055()2723 PERFORMANCE BOND § § § KNOW All BY THESE PRESENTS: That we, (1) Ace P r pe Cleaning . I 11 c . as Principal herein, and (2) Trave I ors Co!rn(l f ty and s ,,,.~rt y Company o f Ame r i c?J a corporation organized under the laws of the State of (3) Connect i c•.1t and who is authorized to issue surety bonds in the State of Texas, Surety herein, ate held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Tex.as, Obligec herein, in the sum of Fort-y Nin" Thousa11d Three !lundrPd ,,nd OD/00 ·--- ______ Dollars($ 49,300 .00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and sevcraily, firmly by these presents . WHEREAS, Principal has entered into a certain written contract with the Obligee date<l the ll_day of S'rplt,...b,c , 20~ a copy of which is attached hereto an d made a part hereof for all purposes, for the construction of Wate r a nd \fostf)Water Em(.crgency riesp0n5e Refere nce No .: C-24471 NOW, THEREFORE, the condition of this obligation is such, if the said Princ ipal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligcc may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOV/EVER, that this bond is executed pursuant to Chap ter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determ ined in accordance with the provisions of such statute, to the same e>..1:cnt as if it were copied at length here in. 1N WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 2 \ : day of S, I?~,... \or r ___ __., 2012.. ~ . -· • -- (SE AL) {SEAL} NOTE: (1) (2) (3) Ac•J P I p,;, C I !)/:'f l) !11,1 , Inc . PRINCIPAL By:~ Name: k tti ::Jin,~ ntle: /?£'9/tw itl fll 6f. Address: 1509 Sy l v<1rda C·t., Fo r-t Worth , TX 76111 Fort Horth, TX 76111 Travelers Casua lty Hnrl Su rety Company of Ame rica SUR TY sy: Y\G_u \'{K_, r~ \~q__(Z-__ Name: M/lr'VI) Mi f fer Attorney In Fact Address: On~ To~1er Sq!Jare Har rfo rd , CT 06183 Telephone Number: ___ e_on_.-_7_41_-_3119 Correct name of Principal (Contractor). Correct name of Surety. State of Incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. --.. TRAVELER s't WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Travelers Casua lty and Sur ety Com pany Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company Travelers Cas ualty and Surety Company of America United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 222536 Certificate No. Q Q 3 7 2 7 4 8 9 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insuran ce Company , St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations du ly organ ized under the law s of the State of Minnesota , that Farmington Casualty Company , Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the law s of the State of Connecticut , that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of th e State of Maryland , that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa , and that Fidelity and Guaranty In s uranc e Underwriters, Inc., is a corporation duly organized under the laws of the State of Wi scons in (herein coll ective ly called the "Companies"), and th at the Companies do hereby make , constitute and appoint Carol F. T asc io tti , Evonne Brown , Ad e le M . Ko rczak , Grace Vill arreal, Gail Schroeder, Cindy Genslinger, Gina M . Damato, Thomas A. Picto r , E rik Janssens, Jane B ro n so n , Michael Damewood , Rosem ary Muli e re, Kathl een M . Anderson , Y ae nessa Sims, Lui sa Seymour, M a r va Mill e r , Thomas N . Tag ue, Bre nda D . Hockbe rger, M eredith Day, Carlin a A. J ewell , Tara S. Petersen , Todd D . Bara ni ak , D a le F. P oq ue tte, Oscar F. Rincon, Heath er M eyer, M o ises A lc antar, James P . F agan , H eath e r J . M e neghetti , Stephanie Mill e r , Grace Lawre nce, D av id Letcher, A ndrew Stontz, Ann Mulder, Gabriel J acquez, Amber E . Armand , M a tth ew D o nova n , Joanna L. Leggett , a nd Matthew T o bi as of the Cit y of Napecville{Cbicago , State of Illinoi s , their tru e and lawful Attomey(s)-in-Fact , each in their separate capacity if more th an one is named above, to sign , execute, seal and acknow led ge any and all bond s, recognizances , cond itional undertakings and other writings ob ligatory in the nature thereof on behalf of the Companies in their bu siness of guarant eeing the fidelity of persons , g uaranteeing th e performance of contracts and executing or guaranteei ng bonds and undertaki ngs requ ired or permitted in any action s or proceedings allowed by law . ----State of County/' ---.J'---ci.a:aed and thei r corporate seals to be hereto affixed , thi s _____ l 6_t_h ____ _ On tJv{ known t;-;;--day of · fu etobefueAtt=-------- at executed the Within . omey-in-Fact~, ~ before instrument and acknowled LERS CASUALTY A;e personally appeared - IN WITNESS WHER.Eop I h ged to me that such corpora~}URETY COMPANY OF AM Marva Miller . , ave hereunto set my hand d n executed fue same . ERICA, the corporatio' · an affD(ed n · ~ my official seal fu State of Connecticut Cit y of Hartford ss. BRENDA D. HOCKBERGER e day and year in fuis . :J6~~'Jii:,~Nc E. XSTATE OF /LLINO/S certificate first written above ~~~'Wl~~~;P~/R~E~S~FE~8~4~.~2~01~2J · On thi s the 16 th day of June 2010 , before me personally appeared Georgt .... himself to be the Senior Vice President of Farmington Casualty Company , Fidelity and Guaranty In surance Company , Fidelity and Guaranty In suraw • .., v ··-· Inc ., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company , St. Paul Mercury In suran ce Compan y, Tra ve ler s Casualty and Surety Company, Travelers Casualty and Surety Company of America , and United States Fidelity and Guaranty Company, and that he , as such , being authorized so to do , executed the fo regoing instrument for the purposes therei n contained by signing on behalf of the corporations by himself as a duly authorized offi cer. In Witness Whereof, I hereunto set my hand and official seal. My Commissio n expires the 30th day of June, 20 11. 58440-4-09 Printed in U.S.A. '-Marie C . Tetreault , Notary Public WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty In surance Company , Fid elity and Guaranty In surance Underwrit ers, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full fo rce and effect, reading as follows: RESOLVED , that the Chairman, th e 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 Attorneys-in-Fact and Agents to act for a nd 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 ob ligatory 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; and it is FURTHER RESOLVED , 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; and it is FURTHER RESOLVED , that any bond , recognizance , contract of indemnity , or writing obligatory in the nature of a bond , recognizance, or condi tion al undertaking shall be valid a nd binding upon the Company when (a) signed by the President, any Vice Chairman , an y 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 th e Company 's sea l 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; and it is FURTHER RESOLVED , that the sig nature 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 sea l of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appoi nting Resident Vice Presidents , Re sident Assistant Secretaries or Attorneys-in-Fact for purposes onl y of executing and atte stin g bonds and undertakings and other writings ob li gatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimi le signature or facsimile seal sha ll be valid and binding up on the Company and any such power so executed and certified by such facs imil e signature and facs imil e seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attac hed. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty In sur ance Company, Fidelity and Guaranty Insurance Underwriters , Inc., St. Paul Fire and Marine In surance Company , St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America , and Un ited States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, whi ch is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand an d affixed the seals of said Companies this -~2_1 __ day of ?f PI,,. fn ,- 0 ~ Kori M . Joh ans ,20 10 . l - To verify the authenticity of thi s Power of Attorney , ca ll l-800-421-3880 or co nt act us at www.travelersbond .c om. Please refer to the Attorney-In-Fact numbe r, the above-named individua ls and the details of the bond to which the power is attached. WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER ,. ' ~ TRAVELERSJ --------------------------------------------------------------------~-~--...,.,_.. 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 l 500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas_ Department oflnsurance 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 NOTICETO 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. n INSURANCE ----------------.. ----·---------------------. ---. ----------;----;---- . ,,. CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V .T .C.A. Labor Code §406 .96 (2000), as amended , Contracto r cert ifies t hat it provides workers' compensation insurance coverage for all of its employees emp loyed on City of Fort Worth Project No .------------ STATE OF T EXAS COUNTY OF TARRANT § § § b) Before me , the undersigned authority, on this day personally appeared j{'o -:::SliJ11Q:.Yi), known to me to be the person whose name is subscribed to the foregoing in ume t , and owledged to me that he executed the same as the act and deed of -·---. for the purposes and considerat ion therein expressed and in th apacity therein stated. Given Unde r My Hand and Seal of Office this d%' day of Septetn ttn olD_. Rev 4-15-10 CARMEN K. CARLENTINE Notary Public, State of Texas My Commission Expire s August 24 , 2011 OnimincJ{ 0xJJ/on/iN2 Notary Public in and for the State of Texas il TI TI TI r j I ] CONTRACT ----~~. ------------------------- CITY OF FORT WORTH, TEXAS CONTRACT THE ST ATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the 21 day of September , 2010 , by and between the City of Fort Worth , a home-rule municipal corporation situated in Tarrant , Denton , Parker, and Wise Counties , Texas , by and through its duly authorized Assistant City Manager, ("Owner"), and Ace Pipe Cleaning , Inc ., ("Contractor"). Owner and Contractor may be referred to herein individually as a "Party " or collectively as the "Parties ." WITNESS ETH : That said Parties have agreed as follows : 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the cond itions expressed in the bond bearing even date herewith , the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows : FOR: (Fort Worth Water and Wastewater Emergency Response Contract That the work herein contemplated shall consist of the Contractor furnishing as an independent contractor all labor, tools , appliances and materials , necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by or on behalf of the City of Fort Worth for the Water Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth , which Plans and Specifications and Contract Documents are hereto attached and made a part of this Contract the same as if written herein . 3. The Contractor hereby agrees and binds itself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Water Department of the City of Fort Worth . 4 . The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Water Department of the City of Fort Worth and City Council of the City of Fort Worth within a period of 365 calendar days . If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated , plus any additional time allowed as provided in the General Conditions , there shall be deducted from any monies due or wh ich 6/17/09 C-1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX become due him , the sum of $200 .00 per working day , not as a penalty but as liquidated damages , the Contractor and its Surety shall be liable to the Owner for such deficiency. 5 . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans , Specifications and Contract Documents , then the Owner shall have the right to either demand the Surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such manner as it may deem proper, and if in the completion thereof, the cost to the Owner shall exceed the contract price or prices set forth in the Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay Owner on demand in writing , setting forth and specifying and itemized statement of the total cost thereof, said excess cost. 6 . Contractor Covenants and agrees to indemnify the Owner, Owner'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, damage or death is caused, in whole or in part, by the negligence or alleged negligence 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 alleged 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 deemed 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 of Fort Worth contract. 6/17 /09 C-2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 7 . The Contractor agrees , upon the execution of this Contract, and before beginning work , to make , execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided and the surety must first be acceptable to the City of Fort Worth . All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code , as amended . A. If the total contract price is $25 ,000 or less , payment to the contractor shall be made in one lump sum . Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. B. If the contract amount is in excess of $25 ,000 , a Payment Bond shall be executed , in the amount of the Contract , solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the Contract amount is in excess of $100 ,000 , a Performance Bond shall be executed , in the amount of the Contract conditioned on the fa ithful performance of the work in accordance wi t h the Plans , Spec ifications , and Contract Documents. Said bond shall solely be for the protection of the Owner. D. A Two-year Maintenance Bond in the name of the Owner is required for all projects to insure the prompt, full and faithful performance of the general guarantee conta ined in the Contract Documents. 8. The Owner agrees and binds itself to pay , and the Contractor agrees to receive , for all of the aforesaid work, and for all additions thereto or deductions therefrom , the price shown on the Proposal subm itted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by Contractor and accepted by the Owner and rece ipt of invoice from the Contractor. The agreed upon tota l Contract amount (including/excluding) alternates __ , shall be Forty-Nine thousand three hundred Dollars , ($49,300.00). 9 . It is further agreed that the performance of this Contract , wither in whole or in part , shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Water Department. 10 . The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified , promulgated and set out by the City of Fort Worth, Texas , a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim here in. 11 . It is mutually agreed and understood that this Contract is made and entered into by the Parties hereto w ith references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of +te-s-~----..... 6/17 /09 C-3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX IN WITNESS THEREOF , the City of Fort Worth has caused this instrument to be signed in counterparts in its name and on its behalf by the City Manager and attested by its Secretary , with the corporate seal of the City of Fort Worth attached . The Contractor has executed this instrument through its duly authorized officers in Four counterparts with its corporate seal attached . Done in Fort Worth , Texas , this the _& ___ _._S=---1--h __ day of C) ~ K&>~ , AD ., 20 \\) APPROVAL RECOMMENDED : ,,,.., DIRECTOR , WaterDEPARTM Att fr C?k.fAl,-1'..Aie.. CONTRA TOR ADDRESS fou ~~ M 71-111 6 /17 /0 9 CITY OF FORT WORTH BY :~~"'~ ASSISTANT CITY MANAGER ATIEST: /ts C Y SECRETARY (SEAL) _ t-J-W-41 d-- c on tract Autho rizat i oR Date C-4 . C) I '-t I, 0 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ~ I I APPENDIX J j , .... , ] ~· 1 City ot .Fort Worth Texas -Departments Liquid Waste Transporters Spanish Permit Required The Water Department maintains a list of permitted transporters that are allowed to haul liquid wastes with in the City of Fort Worth . The types of liquid wastes include grease, grit, septic tank, and chemical toilet wastes . A Transporter must apply for a permit with the City before hauling grease interceptor waste, grit trap waste , septic tank waste or chemical toilet waste . Generally liqu id waste hauler permits are issued with durations of one year (January 1-December 31) and require an annual inspection . A fee is assessed by the PSD for each permit. Transporters who fail to obtain a permit may be subject to penalties of up to $2 ,000 per violation per day. Liquid waste haulers must also register with the Texas Commission on Environmental Qual ity (TCEQ ) before permitting with the City. All permitted vehicles are required to display the City issued Fort Worth Permit Sticker at the 1 o'clock pos ition on the back of the tank (the sticker shows the permitted year and City logo). Specific Code requirements for Waste Haulers can be viewed at www .municode .com under the Fort Worth Ordinance Chapter 12 .5 -Liquid Waste Section. Reporting and Record Keeping Requirements All regulated wastes must be manifested on City issued 5 part Trip Tickets before removal from facilities. Liqu id Waste Trip Tickets must be purchased from Pretreatment Services Division with an appointment. Fa ilure to properly report and maintain records is a violation of the City Ordinance and may subject the violators to penalties of up to $2 ,000 per violation per day . Liquid Waste Disposal Permitted Transporters who wish to dispose of septage/chemical toilet wastes at the Village Creek Wastewater Treatment Plant (VCWWTP) must first sign and subm it an Agreement for Disposal of Ligu id Waste . The VCWWTP is located at 4500 Wilma Lane, Arlington TX 76012 . The Plant does NOT accept grease , grit, or any other type of hauled waste . Hauled wastes disposed at the VCWWTP are randomly sampled by the City of Fort Worth . Fa ilure to properly dispose of any type of hauled waste is a violation of the City Ordinance and may subj ect the v iolators to penalties of up to $2 ,000 per violation per day and may result in a revoked permit. If you w itness or have knowledge of any illegal dumping activities , please contact us at the number below . Contact Information Please contact Pretreatment Serv ices if you have any questions regarding liquid waste transporter requirements . Pretreatment Services 920 Fourn ier Street; Fort Worth TX 76 102 Office : 817 .392 .8305 Fax: 817.392.8566 Email : Pretreatment@fortworthgov .org Page I of I J http://www.fortworthgov.org/water/info/default.aspx?id=6052&ekmense1=5ba8f742_1314_2702_... 6/15/2010 TI ~ J TI TI TI TI j] EJ -, TCEQ REGULATORY GUIDANCE i ~ Registration, Review & Reporting Division R :es~ RG-309 lliiill! Revised December 2003 The Step-by-Step Guide to Registration , Operating, and Reporting Requirements for Transporting Sludge Wastes in Texas This guide will help y ou understand the environmental rules and registration process designed for anyone who transports any of these wastes by road, rail , or water in Texas: • sewage sludge • grease trap w aste • domestic septage • grit trap waste • chemical toilet waste • water treatment sludge Although the information in this guide is not a substitute for the actual rule, it will explain how to obtain, maintain, and cancel a waste transporter registration. In this guide, "we" or "us" means the Texas Commission on Environmental Quality (TCEQ), "sludge wastes" means the six kinds of waste listed above or similar wastes, "you" refers to the person who plans to transport one or more sludge wastes, and "receiver" refers to a landfill or other disposal, processing, or transfer facility w here y ou dispose of the waste. When you have read this guide, you should understand : • the transporter registration process • the rules that govern transporter activities-found in Title 3 0, Texas Administrative Code (30 TAC), Chapter 312, Subchapter G , and • the rules for annual transporter fees-30 TAC , Section 312.9 You can find these rules, the application forms mentioned in this guide, related publications , and other useful materials on our Web site: www.tceq.state.tx.us In the Rest of This Guide, You Can Find: The 10 Steps: 1. Get an Application and a Core Data Form . . . . . . . . 2 2. Complete the Application and Core Data Form .... 2 3. Wait for Our Response . . . . . . . . . . . . . . . . . . . . . . . 3 4. Mark Each Registered Vehicle . . . . . . . . . . . . . . . . . 4 5. Operate within the Rules . . . . . . . . . . . . . . . . . . . . . . 5 6. Keep Accurate Records and File Reports on Time . . 6 7 . Pay Your Annual Transporter Fee .............. 8 8. Keep Your Registration Information up to Date .... 9 9. Renew Your Registration Regularly ............ 11 10 . Cancel Your Registration When You Stop Hauling 11 A Final Note: Our Inspections . . . . . . 12 Index to the Rule . . . . . . . . . . . . . . . . . 12 Informative Appendixes: A. TCEQ Regional Offices . . . . . . . . . . 13 B. TCEQ Regions (map) ............ 14 C . Example of a Trip Ticket . . . . . . . . . 15 D. Example of a Completed ASR . . . . . 16 E. How to Send Payments to the TCEQ 17 F. Key Dates to Remember . . . . . . . . . 18 Texas Commission on Environmental Quality• PO Box 13087 • Austin , Texas• 78711-3087 The TCEQ is an equal opportunity/affirmative action employer. The agency does not allow discrimination on the basis of race. color. relig ion. national origin. sex, disability, age , sexual orientation or veteran status. In compliance with the Americans with Disabilities Act, this document may be requested in alternate formats by contacting the TCEQ at 512/239-0028 , f ax 23~88, or 1-800-RELA Y-T X (TDD), or by writing PO Box 13087, Austin, Texas 78711 -3087 . Authorization for use or reproducti on of any original material contained in this publicati on, i.e., not obtained from other sources , is freely granted. The Commission would appreciate acknowledgment.. .•.•.... . . . - -. -. printed on recycled paper l ! l j J ] ] r-] Step 1: Get an Application and a Core Data Form You can get these forms any of these ways: • Go to our Web site at www.tceq.state.tx.us. On the lower left side of the home page, click on "Forms and Publications," then "Forms Database," and then "Form Number." To get the Sludge Transporter Registration Application, enter "0481" in the search box. To get the Core Data Form, enter "10400" in the search box. • Call or go by any of our regional offices and ask for forms TCEQ-0481 and TCEQ-10400 (see Appendix A, "List ofTCEQ Regional Offices"). • Fax your request for forms TCEQ-0481 and TCEQ-10400 to TCEQ Publications at 512/239-4488. Be sure to include your full mailing address and a daytime phone number with your request. • Call TCEQ Publications Distribution in Austin at 512/239-0028. Step 2: Complete the Application and Core Data Form 2 The Core Data Form (TCEQ-10400) asks for basic information that we must collect about everyone we regulate-including you (the "customer") and your business (the "regulated entity"). The Sludge Transporter Registration Application (TCEQ-0481) asks for information that is specific to your activity as a transporter of sludge wastes. To complete these forms, gather this data: • type of business (for TCEQ-10400, you need to know that your SIC code is 4959 and NAICS code is 562116---0r, for water treatment sludge, 562213) • business name and tax identification number • physical address, mailing address, contact person, and telephone number for the business • for each disposal, processing, or transfer facility you plan to use: • the facility's name, address, telephone number, and TCEQ authorization number (Call the facility for this information.) • the type of waste to be transported to that facility (If you intend to dispose of waste from grease traps, grit traps, or both at a wastewater treatment plant, your application must include a written statement from the operators of the wastewater treatment plant that says they will accept this type of waste from you.) • for each registered motor vehicle that will be transporting the waste: • the year the vehicle was made • the vehicle make (for example, Ford, Peterbilt, Volvo) • the license plate number • the vehicle's tank or bed capacity (in gallons or cubic yards), if appropriate • if you intend to transport sludge wastes into Texas, these two items: • a copy of your written authorization to transport sludge wastes in the state where you pick up that waste (Check with that state's authorities to find out what authorization you must have.) Step-by-Step Guide for Transporting S(ud_ge Wastes in Texas~ TCEQ publication RG-309 • Revised December 2003 ] 1 ] ~1 l • a written statement from the receiver that says that they will accept these out-of-state wastes from you • if you intend to transport sludge wastes out of Texas, these two items: • a copy of your written authorization to transport sludge wastes in the state where you will be delivering the waste to a receiver (Check with that state's authorities to find out what authorization you must have.) • a written statement from the receiver that says that they will accept these out-of-state wastes from you • if your office or place of business is outside Texas, a copy of your written authorization to operate a waste transportation business in that state • if your office or place of business is inside Texas, the county in which your business is located To complete the application, sign it in front of an authorized notary public, who will press or stamp an official seal on the application. Be sure that the notary public's authorization has not expired. Next, prepare a check or money order payable to "TCEQ" in the amount of $10 per motor vehicle to be used to transport waste-for example, a check for $40 if you plan to use four motor vehicles. This check or money order is to pay the TCEQ vehicle authorization fee. Send the application and Core Data Form to us in one envelope and the payment to us in another as described in Appendix E, "How to Send Payments to the TCEQ." Step 3: Wait for Our Response If your application is complete, within a month we will send you a registration packet containing these items: • A confirmation letter. This letter will contain your five-digit registration number. Whenever you write to or call us, be sure to refer to this number. • A registration printout. This printout is your "registration." It contains the information you gave us in your application about your business, the receivers you will use, and your vehicles. Check all pages to be sure the information is correct and notify us if you find any errors. Make enough copies of this printout to put a complete set in each motor vehicle that will be transporting sludge wastes and to keep another set at your office or place of business. • Vehicle authorization stickers. You will receive one set of stickers for each motor vehicle registered in your fleet. Place these stickers on the vehicle as described in Step 4. These stickers are not transferable-that is, if you want to replace a vehicle, you must get a new sticker for the replacement vehicle. See Step 8 for more information. If you deliver waste to a receiver and cannot show that you have a current registration, then the receiver will have to report the incident to our regional Step-by-Step Guide for TnJfJSporting Sludge Wastes in Texas TCEQ publication RG~309 • Revised December 2003 3 1 I 1 I u 1 ~l l u office within three days. This is why it is important to keep a copy of your registration printout in each motor vehicle that will be transporting sludge wastes. If your application is incomplete, we will either call you or send you a letter to tell you what is missing. After we notify you, you will have 30 days to send us the needed information. Ifwe do not receive your response, we will return your application to you. Step 4: Mark Each Registered Vehicle 4 You must mark the outside of each motor vehicle that you have registered to transport sludge wastes as follows: • Place a vehicle authorization sticker on each door. • Display on both doors or on both sides of the tank: • the five-digit TCEQ-issued registration number in block-style numbers that are at least 2 inches tall, permanently attached, and clearly visible from a distance of 50 feet. • the name and local phone number of your company. • If the wastes you transport are liquids , place a sight gauge on the vehicle's waste-holding tank that indicates whether the tank is loaded and the approximate capacity. Usually placed at the rear or front of the tank, the gauge must show what percentage of the tank's capacity is filled, unless you have our prior written approval for the gauge to show the actual volume instead. • Prominently mark all discharge valves. • Make sure that all discharge ports are prominently marked, visible, and readily accessible. Figure 1. Example of Vehicle Marking and Sticker Placement If you sell one of these registered vehicles, you must remove the TCEQ registration number, the TCEQ vehicle authorization stickers, and your company name and phone number from the side of the vehicle. Step-by-Step Guide for Transp_o_rt(ng ~ludg~ Wastes in Texas TCEQ publication RG-309 • Revised December 2003 l ~] J Step 5: Operate within the Rules As a registered transporter, you must stay aware of and comply with all applicable operating requirements, starting with these: • Don 'tMix Incompatible Wastes. Two different wastes are incompatible if they do not mix easily or cannot generally be treated the same way. Grease trap waste and domestic septage are one example of incompatible wastes. Unless the receiver has agreed in advance to accept a mixture of specific incompatible wastes from you, don't transport them in the same vehicle, store them in the same container, or use the same equipment to pump them without a thorough emptying and cleaning to remove the previously handled waste. • Satisfy the Full Pump-out Requirement for Grease Traps. Whenever you pump out a grease trap, you must make sure that it is completely emptied within 24 hours, even if you need more than one vehicle to do so. • Store Wastes Properly. You may not store sludge wastes for more than four days in a mobile closed container-for example, in your vehicle's holding tank. To store sludge wastes at a fixed or permanent site, you must first get our written permission. Even then, the wastes may not remain in storage for more than 30 days. All wastes should be stored in a manner that prevents harm to human health and the environment. • Dispose of Your Wastes Legally. You may deliver waste to only the facilities listed in your registration (to add a receiver, see Step 8). Receivers who are in Texas must not accept your waste if they do not have our written authorization to accept that type of waste. Also, the receiver has the right to refuse to accept waste from any particular generator. • Transfer Wastes Properly. If you cannot deliver your wastes directly to a disposal or processing facility, then your only option is to transfer the waste to a secondary transporter. A secondary transporter collects waste from another transporter and transports it to a disposal or processing facility. The transfer of waste to the secondary transporter's vehicle must occur at a Type V transfer station that is either permitted by or registered with the TCEQ. You must list this transfer station as a receiver on your application (Step 2) or on an amendment to your registration (Step 8) and receive our approval before you can use it. · • Protect Public Health-Watch for Leaks! Your waste transport vehicles must be in compliance with all relevant health codes-for example, you must operate and maintain the vehicles to ensure that they do not leak. • Clean up and Report Your Spills. If a waste is spilled while you are collecting or transporting it, immediately dike and clean up the spill to prevent a threat to human health or the environment. Contact local law enforcement authorities immediately, and then notify the TCEQ regional office that serves the county in which the spill occurred (see Appendix A for a list and Appendix B for a map of our regions). Step-by-_Step Guide for Transporting Sludge Wastes in Texas TCEQ publication RG-309 • Revised December 2003 5 ~1 J 1 ] J • Comply with Local Requirements. Be sure you know and follow local ordinances, regulations, and registration requirements wherever you do business . City officials or the county health department should be able to inform you about any additional requirements . Step 6: Keep Accurate Records and File Reports on Time Be sure to record each of your waste collections and disposals and to file an accurate Annual Summary Report (ASR) each year. 6 Keep Your Records up to Date The records you keep each time you collect or dispose of waste show your efforts to comply with the rules. If you transport sludge wastes by truck, you can ensure that your records stay up to date in these ways (if you transport wastes by rail or water, you may keep records by an alternate method if you obtain our approval first): • Keep up with your trip tickets (also called waste manifests). • If you deliver wastes to '"beneficial use ' sites," keep the additional documentation needed for this activity. • Watch out for discrepancies between the information in your records and the wastes you transport. Maintain Your Trip Tickets ("Waste Manifests''). Trip tickets are the required documentation recording each individual collection and disposal of waste. Some local authorities and disposal facilities may require you to use-and perhaps even to buy-trip tickets that they furnish. If they do not supply trip tickets, then you must create your own. For an example of an acceptable blank trip ticket, see Appendix C. A trip ticket has five copies, which you will distribute as follows: (1) When you pick up the waste, complete the "Generator" and "Transporter" portions of the trip ticket, and give one copy to the generator. (2) When you deliver waste to a receiver, have the receiver's representative sign the completed trip ticket. Give them the second copy. (3) Return a completed copy to the generator within 15 days after the waste is accepted by the receiver. ( 4) Keep one copy for your records for at least 5 years. These copies must be readily available for us to review. (5) Send the fifth copy to the local authority, if required. You might fill more than one of these roles. For example, if you lease and maintain chemical toilets, you are both the generator and the transporter, so you could use a route sheet in place of the generator information. Then you could set up your trip tickets to produce only four copies-or even three, if none is needed for a local authority. But if you do keep just one copy, then you must keep all of your records for all of your roles in the same location. Step-by-Step Guide for Tra_~sporf!1Jf1 0 ~(1l_cf!1~ }IY_~~_te~J!"_ !~~~~ TCEQ publication RG-309 • Revised December 2003 l ri J Keep Records on the Treatment of Domestic Septage. If you deliver domestic septage to a "beneficial use" site, then you must keep records that show that each load was treated to reduce the possibility of transmitting disease. (At a "beneficial use" site, the septage is spread over or incorporated into the soil as a soil amendment.) The rules require that either you or the site operator treat each load of septage as follows before it is applied to the soil: (1) Mix an alkali into the septage. (Usually, the alkali is lime, but the site operator's permit could specify another alkali . Check with the operator.) (2) Wait at least 30 minutes-perhaps as you drive to the disposal site. (3) Measure the pH of the septage: • If the pH is below 12, go back to Step 1. • If the pH is 12 or higher, stop. The septage may now be applied to the soil. These are a few examples of adequate records for each load: • a set of entries on one line of a notebook you keep on the truck- for example: 6/7 /03, 500 gal. to Jones farm, used approx. 10 lbs. lime, pH (30 min)= 12 .2 • entries in blanks you add to your trip tickets: Pounds of lime added: 20 pH after 30 min .: 12.1 If you always treat the septage, add these blanks to the "Transporter" section of your trip tickets. If the site operator always treats the septage, add these blanks to the "Receiver" section. The rules require you to keep these records in your vehicle for at least one month after you disposed of the waste and on file at your office or place of business for a total of five years. If you do not understand any part of this process, contact the site operator or our regional office that serves your county. See Appendix A for a list of our regional offices and Appendix B for a map of the areas each office serves. Watch out for Discrepancies. As you collect wastes, watch for any discrepancies between the amount or type of waste listed on your trip ticket and the amount or type of waste you dispose of. Under the rules, a discrepancy is significant if: • An obvious difference in waste type can be discovered by inspection or waste analysis-for example, if domestic septage forms two layers of liquid or has the odor of industrial chemicals. • There is a difference in quantity of more than 10 percent, if measured by weight, or more than 15 percent, if measured by volume. If you discover a significant discrepancy in your records, call or contact in some other way the waste generator, the receiver, or both and try to resolve it. If you cannot resolve the discrepancy within 15 days after the waste was delivered to the receiver, then you must send us a letter that describes the Step-by-Step Guide for Transporting Sludge Wastes in Texas TCEQ publication RG-309 • Revised December 2003 7 ' r l rl discrepancy and your attempts to resolve it. With your letter, include a copy of the trip ticket (or all trip tickets, if the discrepancy involves more than one). The receiver should watch for discrepancies, too. If they notice a significant discrepancy, they must note it on each copy of the trip ticket. File Your Annual Summary Report on Time Each Year As a registered transporter, you must obtain and file an Annual Summary Report (ASR) by June 15 each year. In this report, you give us a summary of the waste that you transported from June 1 of one year through May 31 of the following year. Each line of the report shows the total amount of one type of waste that you transported to one receiver during that reporting period. Use your trip tiQkets for that reporting period to get the information needed to complete your ASR. For an example of a completed ASR, see Appendix D. As one of the most important documents you submit to us, this report is due every year, regardless of circumstances or the amount of waste you transported. If you did not transport waste but were registered for any part of the reporting period, then you must still file a report that shows that you transported no waste. If you do not file the ASR, then we will not allow you to renew your registration. As a courtesy, every year we mail a blank ASR form (TCEQ-0316) to each registered transporter by May 1. If you do not receive this form by mid-to late May, it is your responsibility to get one. Go to our Web site or contact us as described in Step 1 to obtain a copy of TCEQ-0316 . Step 7: Pay Your Annual Transporter Fee 8 Every year, you will be charged the annual transporter fee if you are registered for any part of the reporting period that ends May 31 of that year. The amount of waste reported on your ASR determines the amount of your annual transporter fee for that reporting period (see Table 1 below), but do not send the payment with your ASR. Table 1. Annual Fee Rates for Waste Transported Gallons of Waste Hauled 0-10,000 >10,000 -50,000 >50,000 -200,000 >200,000 Cubic Yards Total Fee of Waste Hauled Assessed 0-50 $100.00 > 50-250 $250 .00 > 250-1000 $400 .00 >1000 $500 .00 Step-by-Step Guide for Tf"<},:,~p_o_(!~TJ_fl. -~!-f.!.d_g_e_ W~~te~ itJ .Texas . _ TCEQ publication RG-309 • Revised December 2003 1 r-i I u Wait for Us to Mail You an Invoice Do not submit your annual transporter fee payment until you have received your invoice. We mail this invoice in July. If you have not received your invoice by August 15, you may call us in Austin at 512/239-6001 (select Option 1 ). We will make sure that your registration information is correct and send you a new invoice . If you do not transport waste during a reporting period but do file your ASR by June 15, then your invoice will show the minimum fee-$100. However, if you do not file your ASR by June 15 , then your invoice will show the maximum fee-$500-even if you transported no waste. If you expect the maximum fee , you must still file your ASR by June 15 of that year as described in Step 6. Mail Your Payment on Time Your payment is due 30 days after the invoice date . Follow the instructions on the invoice to mail us your payment. Be sure to enclose the payment coupon w ith your check or money order so our cashiers will be able to credit your account properly. Ifwe do not receive your payment by September 1, we will charge you late fees . Step 8: Keep Your Registration Information up to Date You must notify us in writing of changes to your operation or registration printout, such as: • changing the business name, physical address , mailing address, or telephone number • adding a type of waste or a receiver • adding or replacing motor vehicles • buying another registered transporter's business • selling your business Deadlines and other information specific to each type of change are given under the corresponding heading in this step. To notify us of any changes , send a letter explaining the changes or a completed Sludge Transporter Registration Amendment Form (TCEQ-0718) to us as described in Appendix E. To confirm your changes, we will send you a confirmation letter and a revised registration printout. Check all the pages in this printout to ensure that the information is correct. If you find any errors, notify us immediately. Make enough copies of the revised registration printout to add to your registration packet in each motor vehicle you use to transport sludge wastes and the file at your office or place of business. Step-by-Step Guide for Transporting Sludge Wastes in Texas TCEQ -publication RG-309 • Revised December 2003 9 u r l J u 10 Changing the Business Name, Address, or Phone Number If you change the name of your business or its mailing address, physical address, or phone number, then you must send your letter or completed amendment form to us within 15 days after the change. Adding Waste Types or Receivers To add a waste type or a receiver to your registration, give us the same information that was required in your original registration (see Step 2). Waste types and receivers that you no longer use may remain on your registration until you renew your registration. Adding or Replacing Vehicles To add motor vehicles to your registered fleet, you must pay a vehicle authorization sticker fee for each vehicle you add. See Appendix E, "How to Send Payments to the TCEQ," for instructions on mailing us your payment. Add a complete registration packet (the original registration plus all confirmation printouts for amendments) to each added vehicle. Do not use any vehicle to transport wastes until you have received that vehicle's authorization sticker and have marked the vehicle as described in Step 4. To replace a vehicle in your registered fleet, you must remove the TCEQ registration number, TCEQ vehicle authorization stickers, and your _ company's name and telephone number from the outside of that vehicle. Then add the replacement vehicle as described above. Buying a Registered Transporter's Business When you buy a registered transporter's business, you do not "buy" the TCEQ registration with it. If you are not already a registered transporter, then you must apply for your own registration as described in Steps 1 through 4. If you already are a registered transporter, then you must take one of these two actions: • If you plan to maintain separate registrations-one for the business you are buying, separate from the registration you already own-then apply with us for a second registration for the business you are buying (see Steps 1 through 4). To maintain separate registrations, each business must have its own tax identification number. • If you plan to combine the business you are buying with the business you already own, then write us a letter or send us an amendment form to change your registration information to add vehicles, addresses, and other relevant information. Do this if you are merging the two businesses under one tax identification number. Selling Your Business If you sell your transporter business, then cancel your registration as described in Step 10. You may send us advance notice of the effective date of the sale. Step-by-Step Guide for Tran~J?C?rting _ Slqc!g~)~l_a_s_t~~_ir,_ Texas TCEQ publication RG-309 • Revised December 2003 :;-i J 1 1 Step 9: Renew Your Registration Regularly Every other year, your registration will expire on August 31. To find out when your registration expires, look for the date next to "Expires" in your registration printout. To renew your registration, you must complete the same form you used for your original application (TCEQ-0481) and submit it to us by June 15 of that year. As a courtesy, in the year your registration expires , we will include a blank copy of form TCEQ-0481 with the blank ASR we mail in April. If you do not receive this form by mid-to late May, it is your responsibility to get a copy. Go to our Web site or contact us as described in Step 1. You may return your completed application, related documents, and a copy of your payment for vehicle authorization sticker fees with your completed ASR, but send the payment to us as described in Appendix E. If you use form TCEQ-0481 to make changes to your registration information, those changes will not become effective until September 1. For changes that must take effect sooner, use form TCEQ-0718 to amend your registration as described in Step 8. Step 10: Cancel Your Registration When You Stop Hauling When you stop operating as a transporter for any reason, including the sale of your business, you must notify us in writing within 15 days. To cancel your registration, you may send us a letter or a completed Sludge Transporter Notification of Cancellation (form TCEQ-0725). To get a copy of TCEQ- 0725, go to our Web site or contact us as described in Step 1. You may send us advance notice of the effective date of the cancellation or sale. When you cancel your registration, you will no longer be authorized to transport sludge wastes. You must remove your TCEQ registration number, TCEQ vehicle authorization stickers, and your company's name and phone number from all motor vehicles that were listed under your registration. To confirm your cancellation, we will mail you a confirmation letter and a revised registration printout that officially ends your transporter registration. Check all pages of this printout to be sure the information is correct and notify us immediately if you find any errors. Keep this confirmation letter and the revised registration printout for your records. With the confirmation letter, we will send you a blank ASR form for the reporting period during which you canceled your registration. Complete this form and return it to us to report all the waste you transported during this period. When we receive this final ASR, we will send you an invoice for the final annual transporter fee. However, if you do not return your final ASR, we will charge you a fee of $500 for this final reporting period. Step-by-Step Guide for Transporting Sludge Wastes in Texas TCEQ publication RG-309 • Revised December 2003 . -.. ----- --- - ---- ---. -------11· - LJ TI u Be sure to cancel your registration as soon as you stop transporting sludge wastes. If you do not cancel your registration when you stop transporting, these are a few situations that can arise: • Because you are no longer in business, you might forget to file the required ASR. If this happens, we will charge you the maximum annual transporter fee of $500 for that reporting period. • Another reporting period could begin before your registration finally expires. (Registrations expire August 31 every other year.) Even though you are out of business and transport no waste, you will receive an invoice for this reporting period. If you submit the required ASR by the deadline for this period, that invoice will be $100. However, if you fail to submit the required ASR on time, that invoice will be $500-the maximum annual transporter fee. A Final Note: Our Inspections We know you will do your best to comply with the law, but remember that we may inspect your business and vehicles at any time. lfwe find deficiencies and you cannot correct them in a reasonable amount of time, then you could suffer penalties. The more serious penalties are: • Fines. • Loss of a vehicle's authorization stickers. If you cannot correct deficiencies with a specific vehicle, the rules call for its stickers to be removed. Before this vehicle could transport sludge wastes again: • it would have to pass our re-inspection, and • you would have to amend your registration (see Step 8) and pay another $10 fee to get a new TCEQ vehicle authorization sticker. • Loss of your sludge transporter registration. To learn more about our enforcement process, read The TCEQ Has Inspected Your Business. What Does This Mean to You? (TCEQ publication RG-344). Index to the Rule This index will help you locate the specific section, subsection, or paragraph of30 TAC Chapter 312 that deals with a topic covered in this guide: Wastes Covered ............ 141 Step 2 Application ............... 142 Interstate transport . . . . . . . . . 149 Sticker fee . . . . . . . . . . . . . 142G) Step 3 . . . . 142(a)-(c), 144, 145(d) Step 4 .................... 144 Step 5 Mixing wastes ........... 144(c) Full pump-out ............. 143 Storage time .............. 147 Proper disposal . . . . . . . . . . . 143 Waste transfer . . . . . . . . . . . . 148 Prevent leaks ........... 144(b) Clean up spills . . . . . . . . . . . . 146 Follow local rules ........ 145(e) Step 6 Records ................. 145 ASRs ...... 142 (h)-(i), 145(b)(4) Step 7 ................. 9(c}-(e} Step 8 Amending registrations ...... 142 Replacing vehicles ....... 144(a) Step 9 .................. 142(d) Step 10 .................. 142(d) A Final Note: Our Inspections Inspections ............. 144(g) Penalties, etc . . . . . . . . . . . . . . 150 Step-by-Step Guide for Transpot:f!fJg _ f:!~udge . w_a_s_t~~-ir' Texas TCEQ publicatioii-RG--309 • Revised December· 2003 1 l u r-1 ] u J Appendix A: T CEQ Regional Offices RE GIO N LO CATIO N ADDRESS PHONE NUMBER -Central Office IHW & MSW Registration Team 512/239-6833 Austin PO Box 13087 Austin TX 78711-3087 1 Amarillo 3918 Canyon Drive 806/353 -9251 Amarillo TX 79109-4933 2 Lubbock 4630 50th Street, Ste. 600 806/796-7092 Lubbock TX 79414-3520 3 Abilene 1977 Industrial Blvd. 325 /698-9674 Abilene TX 79602-7833 4 Dallas-2309 Gravel Dr. 817/588-5800 Fort Worth Fort Worth TX 76118-6951 5 Tyler 2916 Teague Drive 903 /535-5100 Tyler TX 75701 -3756 6 El Paso 401 E. Franklin Ave., Ste . 560 I 915 /834-4949 El Paso TX 79901-1206 7 Midland 3300 N . A Street, Bldg. 4, Ste. 107 I 432/570-1359 Midland TX 79705 -5404 8 San Angelo 622 S. Oakes, Ste. K I 325/655 -9479 San Angelo TX 76903-7013 9 Waco 6801 Sanger Ave., Ste. 2500 I 254/751-0335 Waco TX 76710-7826 10 Beaumont 3870 Eastex Fwy. I 409/898-3838 Beaumont TX 77703 -1892 11 Austin 1921 Cedar B end, Ste . 150 I 512/339-2929 Region Austin TX 78 7 58-5336 12 Houston 5425 Polk Ave ., Ste . H I 713/767-3500 Hou ston TX 7 70 23 -1486 13 San Antonio 14250 Judson Road I 210/49 0-3096 San Antonio TX 78233-4480 14 Corpus Christi 6300 Ocean D r ., NRC B ldg., Ste. 1200 I 361 /825 -3100 Corpus Christi TX 78412-5503 15 Harlingen 1804 W. Jefferson Ave . I 956/425 -6010 Harlingen TX 7 8550 -5247 16 Laredo 70 7 E . Calton Rd., Ste. 3 04 I 956/79 1-6611 Laredo TX 780 41 -363 8 This list is current as of D ecember 2003 . If this information is out of date when you read it, use our Web site, www.tceq .state.tx.us, to find the location and phone number of the regional office that serves your county . Step-by-Step Guide for Transporting Sludge Wastes in Texas TCEQ.publ ication RG-309 • Revised December 200 3 I I I I I I I I I 'l 1 u J Appendix B 14 Region 1 -Amarillo 806 /353-9251 Armstrong Hemphill Briscoe Hutchinson Carson Lipscomb Castro Moore Childress Ochiltree Collingsworth Oldham Dallam Parmer Deaf Smith Potter Donley Randall Gray Roberts Hall Sherman Hansford Swisher Hartley Wheeler II Region 8 -San Angelo 325/655-9479 Coke Mena rd Concho Reagan Crockett Schleicher Irion Sterling Kimble Sutton Mason Tom Green McCulloch Region 12 -Houston 713/767-3500 Austin Harris Brazoria Lib erty Chambers Matagorda Colo rado Mo ntgomery Fort Bend Wa lker Galveston Waller Wharton TCEQ REGIONS (including counties in each region) Region 2 -Lubbock 806/796-7092 Bailey King Cochran Lamb Crosby Lubbock Dickens Lynn Floyd Motley Garza Terry Hale Yoakum Hockley D II Region 9 -Waco 254 /751-0335 Bell Limestone Bosque Lampasas Brazos Leon Burleson Madison Coryell Mclennan Falls Mi lam Freestone Mills Grimes Robertson Hamilton San Saba Hill Washington Region 13 -San Antonio 210 /490-3096 Atascosa Ka rn es Bandera Kenda ll Bexar Ke rr Co mal Medina Edwards Real Frio Uvalde Gillespie Wilson Guadalupe Region 3 -Abilene 325 /698-9674 Archer Kent Baylor Knox Brown Mitchell Callahan Montague Clay Nolan Coleman Runnels Comanche Scurry Cottle Shackelford Eastland Stephens Fisher Stonewall Foard Taylor Hardeman Throckmorton Haskell Wichita Jack Wilbarger Jones Young Region 14 -Corpus Christi 361/825-3100 Aransas Kleberg Bee Lavaca Calho un Live Oak DeWitt N ueces Goliad Refugio Gonzales San Patricio Jackson Victoria Jim Wells Region 4 -DFW 817 /588-5800 Collin Johnson Cooke Kaufman Da llas Navarro Denton Palo Pinto Ellis Parker Erath Rockwall Fannin Somervell Grayson Tarrant Hood Wise Hunt ----------- Region 10 -Beaumont 409/898-3838 Angelina Hardin Houston Jasper Jefferson Nacogdoches Newton Orange Polk Sabine San Augustine Sa n Jaci nto Shelby Trinity Tyler Region 15 -Harlingen 956 /425-6010 Brooks Ke nedy Cameron Starr Hidalgo Willacy Jim Hogg Region 5 -Tyler 903 /535-5100 Anderson Marion Bowie Morris Camp Panola Cherokee Rains Cass Red River Delta Rusk Frankl in Smith Gregg Ti tus Harrison Upshur Henderson Van Zandt Hopkins Wood Lamar Region 7 -Midland 432/570-1359 Andrews Martin Borden Midland Crane Pecos Dawson Reeves Ector Terrell Gaines Upton Glasscock Ward Howard Winkler Loving Region 11 -Austin 512 /339-2929 Bastrop Hays Blanco Lee Burnet Llano Caldwell Travis Fayette Williamson Region 16 -Laredo 956/791-6611 Dimmit McM ull en Duval Va l Verde Kin ney Webb La Salle Zapata Maverick Zavala Step-by-Step Guide for Transporting Sludge Wastes in Texas TCEQ publication RG-309 • Revised December 2003 1 u Appendix C: Example of a Trip Ticket This example shows what information each trip ticket should contain under 30 TAC Section 312.145. For waste that is measured in cubic yards, change "gallons " to "cubic y ards." Your trip tickets should produce enough copies for you to distribute them as described in Step 6. Generator Information Generator Name: Address: Telephone: This waste was removed from my: D Grease Trap D Septic Tank D Other D Grit Trap D Chemical Toilet (specify) OR This waste is: D Sewer Sludge D Water Treatment Sludge My waste tank or trap holds up to gallons. The transporter removed a total of gallons. As the generator's representative, I certif3' that this waste contains no hazardous materials , was removed from this address on __ / __ / __ at_: __ o ~:;:, and is to be transported to a facil ity that the Texas Commission on Envi ronmental Quality has authorized to receive these wastes. My Name (printed): My Signature: Transporter Information (Name of your business here) (TCEQ registration number here) (Your business' address) (Local permit number here, if any) (Your business' telephone number here) Vehicle capacity: gallons On _/_/_, I transported gallons of the waste described under "Generator Information" above to: Waste Receiver: TCEQ Permit or Registration No.: I certify that the information provided above is correct and that only the waste certified for removal by the generator is contained in this waste transport vehicle . I am aware that falsification of this trip ticket may result in revocation of my waste transportation permit , criminal prosecution, and/or civil penalties . My Name (printed): My Signature: Receiver Information Business Name: TCEQ Registration or Permit No.: Address: Telephone: As the representative of this business, I certify that each of the following statements is true: • The Texas Commission on Environmental Quality has authorized this business to accept the waste specified under "Generator Information " above. • The transporter named above delivered ___ gallons of this waste to this business on _/_/_ at_:_ 8 ~:;: • This waste has been recycled or disposed as required by the TCEQ authorization for this business. My Name (printed): My Signature: Step-by-Step Guide for Transporting Sludge Wastes in Texas TCEQ publication RG-309 • Revised December 2003 15 . J u u Appendix D: Example of a Completed ASR 2003 ANNUAL SUMMARY REPORT {ASR) FOR TRANSPORTERS OF MUNICIPAL SLUDGES AND SIMILAR WASTES Example Only: Do Not Submit Reporting Period: June 1, 2002, through May 31, 2003 Due: June 15, 2003 Transporter Company Name: --~A~B~C~D"---------------------- Transporter Registration Number: ~2~#~#~#~#-'--------------------- ln this report, you give us a summary of the waste that you transported during the reporting period shown above . On each line of this report , enter the total amount of one type of waste that you transported to one receiver during this reporting period. If no waste was transported, enter "O" under "Quantity." Be sure to sign and date the completed ASR. Wait to receive your invoice before making your payment. NOTE: If your report is late, you will be charged $500. All information must be complete and accurate. Waste Types Sewage Sludge (WW) Water Treatment Sludge (WT) Septic Tank Waste (OS) Chemical Toilet Waste (PP) Disposal Disposal Facility Permit Number ,.,·,·<\. Grit Trap Waste>{GT) , .. I .q,faii '1tt~;:;1~~tett5 s) ![lj.,,,.OtijJ=;r (OT)'!specify: _____ _ ··'\.~:\,,,,. l \:1}:i:. ·-:v.·· <'.'{., .... ,s t-·-·-::;~si .,.;,,,. Phone Number Waste Quantity '~::l~,, Facility i;>" )~":"' Type Name .<'::=' Gallons Cubic Yards .·:•::;:::::~ ..... , . .2,2i4'::. . ·-:-.-~: .. )'" ·-:·.,-, 1 Joe's Disposal /' }: =:~ 214-555-7890 WW 9000 10 ·,,;:,:\/>''" 2 Joe's Disoosal ;);?h ~-~·\?~'\ 2234 J )> 214-555-7890 GS 25 ·<\:-/='.,,:,"' 3 Joe's Disoosal 2234 214-555-7890 DS 45677 4 Joe's Disposal 2234 214-555-7890 pp 98877 5 Bill's Disposal 1444 817-555-4567 DS 6666 6 Bill's Disoosal 1444 817-555-456 7 WW 530 7 8 9 1 Subtotal : 160220 565 (If more than one page is submitted, use the last page for this total.) Grand Total : 160220 565 John Doe John Doe Owner June 14 2003 Printed Name Signature Title Date If you wish to cancel your registration as a transporter, check this box and enter the date the cancellation should take effect: D I would like to cancel my registration . I will not transport sludge wastes after-----,,----- Date Return this completed form to the Texas Commission on Environmental Quality (formerly the Texas Natural Conservation Commission); Registration, Review & Reporting Division ; IHW & MSW Registration Team (MC 129); PO Box 13087; Austin TX 78711-3087. For assistance, see our Web site (www.tceq.state.tx.us) or call us at (512) 239-6001 (select Option 1 ). TCEQ-0316/2003 (03/2003) Photocopy as needed 1 j 'l u -J -J J Appendix E: How to Send Payments to the TCEQ To ensure rapid service, we have set up a special address to receive payments. Follow these instructions each time you send us a payment: Make Copies for Your Records. Be sure to make a copy of important materials that you send to us and keep the copy on file at your place of business. Make copies of these items before you mail them to us: • your completed, signed, and notarized form TCEQ-0481 • your complete registration amendment form (or change notification letter) • your check or money order, with your five-digit TCEQ Transporter Registration Number (if you already have it) and your seven-digit account identification number (it begins with "08") written on the memo line Mail Your Payment. Whenever you make a payment, enclose an item that lets our cashiers know why you are making the payment: • for a new or renewal application, a copy of page 1 of form TCEQ-0481 • for a sticker fee (when you add a new vehicle or when you replace a sticker that has been destroyed, damaged, or lost), a copy of your change notification letter or page 1 of your completed amendment form • for your annual transporter fee, the payment coupon from the invoice When you pay your annual transporter fee , follow the instructions included with the invoice: Tear the payment coupon from the invoice, put it and your check in the window envelope we enclosed with the invoice, make sure the address on the payment coupon shows through the window, and mail it. Mail all other payments to: TCEQ Cashier's Office MC-214 PO Box 13088 Austin TX 78711-3088 Mail All Related Documents to PO Box 13087--and Enclose Proof of Payment. To process your applications, amendments, and other documents, our Sludge Transporter Registration Program needs to know that you have already paid the related fees. To show that you have paid, enclose a copy of your check or money order with your new application, amendment, renewal, or change notification letter. Mail your document and proof of payment to: TCEQ Registration & Reporting MC-129 PO Box 13087 Austin TX 78711-3087 (When you pay the annual transporter fee, there is nothing to mail to this address.) Step-by-Step Guide for Transporting Sludge Wastes in Texas TCEQ publication RG-309 • Revised December 2003" Appendix F: Key Dates to Remember Every Year By May 1: TCEQ mails blank Annual Summary Report (TCEQ-0316) to each registered transporter Late May: If your blank TCEQ-0316 has not arrived, call 512/239-6001 ( select Option 1) to check your address in our records. Request another copy of the form or get one online at www.tceq.state.tx.us May 31: Reporting period ends. Begin completing your ASR to summarize all waste transported since June 1 of last year. June 1: New reporting period begins. All information about the waste you transport today will be filed on the ASR you complete next year. June 15: ASR for the reporting period that ended May 31 is due. Your completed ASR should arrive at the TCEQ no later than today. July: TCEQ sends out invoices for the Annual Transporter Fee. August 15: No invoice yet? Call 512/239-6001 (select Option 1) to check your address in our records and get a new invoice mailed. September 1: Annual Transporter Fee due, unless your invoice shows a later due date. Your payment should arrive at the TCEQ no later than the due date shown on the invoice. Every Other Year June 15: Renewal application (TCEQ-0481) due. It should arrive at the TCEQ no later than today. If you do not receive a blank form TCEQ-0481 along with your blank ASR by late May of the year your registration will expire, call 512/239-6001 (select Option 1) to check your address in our records and ask for new copies of the forms. August 31: Registration expires. Your registration printout shows the year your registration will expire. Do not transport sludge wastes after August 31 of that year unless you have already received a new printout. Whenever Your Information Changes 18 You must amend your registration and receive your revised registration printout from us before you may make any of these changes: • transport a type of sludge waste that is not already on your registration • transport sludge waste with a vehicle that is not already on your registration • deliver sludge waste to a receiver that is not already on your registration For most other changes, you must notify us within 15 days after the change takes effect. See Step 8, "Keep Your Registration Information up to Date," for full details. Step-by-Step Guide for Transporting Sludge Wastes in Texas TCEQ -publication RG-309 • Revised December 2003 M&C Re v ie w Page 1 of 2 -"'· Official si t e of the City of Fort Worth, Texa s CITY COUNCIL AGENDA FORT WORTH ~ COUNCIL ACTION: Approved on 9/21/2010 DATE: 9/21/2010 REFERENCE NO.: **C-24471 CODE: C TYPE: CONSENT LOG NAME: PUBLIC HEARING: 60FWEMER RESPONSE NO SUBJECT: Authorize the Execution of a Contract for Water and Wastewater Emergency Response with Ace Pipe Cleaning, Inc., in the Amount of $49,300 .00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Water and Wastewater Emergency Response Contract with Ace Pipe Cleaning , Inc ., in the amount of $49 I 300 . 00 . DISCUSSION: The City of Fort Worth owns and operates water and wastewater plants, lift stations , and meter stations that periodically require an emergency response using jet-vac trucks, vacuum tanker trucks, bypass pumping , plugging , and/or temporary piping . The purpose of this contract is to assist operations and maintenance personnel with unforeseen, unscheduled , or emergency operations and maintenance activities . This Emergency Response Contract will ensure that the City has a contractor that can rapidly mobilize to a facility upon notice to perform these emergency services which will help the City stay in compliance with state and federal regulations. This contract shall have three options to renew , under the same terms, conditions , and unit prices. The project was advertised for bid in the Fort Worth Star Telegram on June 24, 2010 and July 1, 2010 . Bids were received on July 22 , 2010 , with Ace Pipe Cleaning , Inc., being the only bidder. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was approved by the M/WBE office because the purchase of goods and services are from sources where subcontracting or supplier opportunities are negligible . This project is located CITYWIDE. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget , as appropriated , of the Water and Sewer Operating Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 539120 0605002 $7 ,500 .00 PE45 539120 0605003 $7,500 .00 PE45 539120 0605011 $7 ,500 .00 PE45 539120 0705011 $12 ,500.00 PE45 539120 0705012 $5 ,000.00 PE45 539120 0705006 $9 ,300.00 http ://a pp s.cfwn et.org/co unc il _packet/mc _ review.as p?ID= 13965&councildate=9/21/2 010 10 /6/2 0 10 M&C Review -· ~ Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) S. Frank Crumb (8207) Chris Harder (8293) http ://apps.cfwnet.org/council _packet/me _review.asp?ID= 13965&councildate=9/21 /2010 Page 2 of2 10/6/2010