HPW - Sanitary Sewer Cleaning and Television Inspection in Support of Rehabilitation

Work of the contract includes cleaning and television inspection of approximately 572,000 feet of sanitary sewer ranging in size from 6 to 48-inches in diameter; cleaning and televising of 1,690 feet of siphons ranging in size from 6 to 48-inches in diameter; mechanical cleaning of approximately 780 feet of sanitary sewer ranging in size from 6 to 24-inches in diameter; degreasing of approximately 1,450 feet of sanitary sewer; inclinometer inspection of approximately 5,000 feet of sanitary sewer; obtaining GPS coordinates of approximately 2,000 manholes; approximately 2,000 manhole inspections using MACP; approximately 55 point repairs on sanitary sewers ranging in size from 6 to 15-inches in diameter; approximately 115 feet of additional sewer replacement beyond these point repairs; and ancillary work to remove and restore surface features disturbed as a result of the work. A certified check, cashier's check, or bid bond in the amount of 10 percent of the Total Bid Price Bonds: Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. If offer is accepted, Contractor shall achieve Date of Substantial Completion within 730 days after Date of Commencement of the Work, subject to adjustments of Contract Time as provided in the Contract. The Consent Decree provides that the City may be assessed stipulated penalties under Section X of the Consent Decree upon the occurrence of certain events. Contractor acknowledges that, under the Consent Decree, stipulated penalties accrue beginning the day after performance is due or on the day a violation occurs, as applicable. Contractor agrees that, in addition to any liquidated or other damages for which it may be responsible under this Contract, it shall pay to the City the full amount of any stipulated penalty which accrues against the City that is caused or contributed to, in whole or in part, by any of Contractor's or its Subcontractors' or agents' acts, failures to act, or failures to act within the time required by any provision of this Contract or the Consent Decree. Contractor shall also pay to the City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by the City in connection with any such stipulated penalties, or in contesting any such stipulated penalties pursuant to the Dispute Resolution procedures in the Consent Decree. It is within the City's sole and absolute discretion whether to invoke the Dispute Resolution procedures of the Consent Decree regarding any stipulated penalties. Payment of stipulated penalties for which Engineer is responsible under this Contact is due within 30 days of demand, in writing, by the City. In addition to any and all other remedies to which the City may be entitled at law or in equity, Contractor expressly authorizes the City to withhold the amount of any stipulated penalties for which Contractor is responsible under this Contract, and all associated costs, fees, or expenses from any amount unpaid to Contractor under the terms of this Contract, or from any retainage provided in the Contract. Without limiting anything set forth elsewhere in this construction contract regarding liquidated damages, Contractor acknowledges that damages are an intended factor in he calculation of the amount of the liquidated damages under this construction contract. City requires for the Contractor toprovide a minimum of one (1) crew as requested by the City. Crews shall be available for work on this project 5 days per week, 8 hours per day, exclusiveof holidays. One week of notice shall be provided to the City when adding or releasing crews. Contractor will be required to complete all work associated with Work Orders issued up to the end of the Contract Time, subject to limits of available funds. Failure to successfully complete such work within the time specified shall be grounds for assessing liquidated damages. The Parties recognize that time is of the essence for this Agreement and that the City will suffer financial loss if the Work is not completed within the Contract Time. Parties also recognize delays, expense, and difficulties involved in proving in a legal or arbitration proceeding actual loss suffered by the City if the Work is not completed on time. Accordingly, and if applicable, instead of requiring any such proof, the Parties agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay the City the amount stipulated in Document 00800, Supplementary Conditions, for each day beyond Contract Time The Work will not be completed within Contract Time and that unpaid balance will not be adequate to cover actual and liquidated damages; Contractor, Surety, and the City agree that failure to complete the Work within ContractTime will cause damages to the City and that actual damages from harm are difficult to estimate accurately. Therefore, Contractor, Surety, and the City agree that Contractor and Surety are liable for and shall pay to the City the amount stipulated in Supplementary Conditions as liquidated damages, and that the amount of damages fixed therein is a reasonable forecast of just compensation for harm to the City resulting from Contractor's failure to complete the Work within Contract Time. The amount stipulated will be paid for each day of delay beyond Contract Time until Date of Substantial Completion.

Division 01 -	General Requirements.
Division 10 -	Specialties.
Division 11 -	Equipment.