a ~®~~ .~ cO~-TRACT I}OC~~-~, Fn; ... KERR~'II:I,E SOI~'TII S~hIT4R~" SEFJt~ER PROJECT PIJ4~SE II:~NID PIJASE III TCI1P CONTr2~CT # 72241I 4.1\~J ^23Q95 Prepared fm' COUNTY OF I:ERR i CITY OF I~ERRVILLE ~.:".~ :.wai ~: ,:~~ KAMPb~PS M~Y~ O~-~4_pJ ... By TETRA TECH, INC j0] Soledad San.Sntonio, Texas ?820 Phone 2I0.226?922 /Fat ?10.226.8497 CONTRACT DOCUMENTS KERRVILLE SOUTH SANITARY SEWER PHASE II AND PHASE III °- COUNTY OF KERR /CITY OF KERRVILLE TCDP #722411 and 723095 Advertisement and Invitation to Bid 1-2 Instruction to Bidders IB 1-4 Proposal 1-2 Bid Sheets 1-3 -- Bid Bond List of Qualified Addresses for Septic Mitigation and Service Laterals 1 Contract 1 -Proposal Item Nos. 1 thru 9 and 11 thru 21 Standard Form of Agreement SA 1-4 Performance and Payment Bonds Contract 2 -Proposal Item No. 10 (Septic Tank Mitigation) Standard Form of Agreement SA 1-4 Performance and Payment Bonds TCDP General Contract Conditions for Construction Contract 1-15 V- Wage Rate Decision 1 Federal Labor Standards Provisions 1-10 Minority/Female Goals 1-2 Contractor's Local Opportunity Plan 1-4 Statement of Bidder's Qualifications 1 Attorney's Review Certification 1 Certificate of Construction Completion 1 Contractor's Final Payment Affidavit 1 Division 1 -General Requirements Section 01010 Summary of the Work 1-3 Section 01620 Storage and Protection 1 Section 01720 Project Record Documents 1-4 -- Division 2 -Site Work Section 02110 Clearing 1-2 Divisions 4 thru 16 -None Citv of Kerrville Standard Specifications Section 400 Wastewater Specifications Section 600 Pipe and Appurtenances Section 700 Separation Distances ection 800 ~-24 1-28 1-3 Acceptance Testing 1-13 ADVERTISEMENT AND INVITATION FOR BIDS FOR CONSTRUCTION The County of Kerr will receive bids for a Sanitary Sewer Collection System and Wastewater Lift Station in Kerrville, Texas, until 10:00 A.M. on Monday, April 25`h. 2005, at 700 Main; Kerrville, Texas 78028. The bids will be publicly opened and read aloud at 10:00 AM on Monday, April 25t", 2005, at 700 Main.. Kerrville, Texas 78028, during Kerr County Commissioner's Court. W This project is to be partially paid for by the Texas Community Development Program, Office of Rural Community Affairs: project numbers 723095 and 722411. Bids are invited for several items and quantities of work as follows: Construction of 8-inch gravity sanitary sewer collection system, service laterals, septic tank mitigation, -- manholes, 4-inch force main, wastewater lift station complete with electrical, SCADA at lift station complete, cutting and replacing concrete and asphalt, dewatering; testing and all other items included in construction documents and as necessary to complete the project. Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the contract. The Contractor, by the execution of the contract, shall in no way be relieved of any obligation under it due to his failure to receive or examine any form of legal document or to visit the site to acquaint himself with the conditions there existing. The County will be justified in rejecting any claim based on lack of inspection of the site prior to the bid. Bid/Contract Documents, including Drawings and Technical Specifications are on file at Tetra Tech, Inc., 501 Soledad, San Antonio, Texas 78205. Copies of the Bid/Contract Documents may be obtained by depositing $50.00 with Tetra Tech for each set of documents obtained. The deposit will be refunded if the documents and drawings are returned in good condition within 10 days following the bid opening. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the County of Kerr or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. Performance and Payment Bonds -requires all prime contractors which enter into a formal contract in excess of $25,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a Payment Bond in the amount of the contract before commencing with work and a performance bond for public works contracts in excess of $100,000. The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the locality may grant, shall constitute a default and the locality may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for which a contract subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the locality for a refund. There will be a pre-bid conference to be held at 1:00 p.m. on Friday, April 22ntl, 2005, at Kerr County Courthouse, 700 Main, Kerrville, Texas 78028. Attention is called to the fact that not less than, the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the Office of Rural Community Affairs and contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age, or national origin. The County of Kerr reserves the right to reject any or ali bids or to waive any informality in the bidding Bids may be held by County of Kerr for a period not to exceed 30 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidders qualifications prior to the contract award. Kerr County Pat Tinley, County Judge Date: April 9t" and 16`h, 2005 All contractors/subcontractors who are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full in this project. INSTRUCTION TO BIDDERS FOR CONSTRUCTION Use of Separate Bid Forms These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use 2. Interpretations or Addenda No oral interpretations will be made to any bidder. Each request for an interpretation shall be made in writing to the locality or engineer no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than five (5) days prior to bid opening. It is, however, the bidder's responsibility to make inquiry to any addenda issued. All such addenda shall become part of the contract documents and all bidders bound by such addenda, whether or not received by the bidders. 3. Inspection of Site -~ Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the pertormance of the contract. The bidder should ,~ thoroughly examine and familiarize himself with the drawings, technical specifications and all other contract documents. The contractor, by the execution of the contract, shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal document or to visit the site or acquaint himself with the conditions -- there existing. The city/county will be justified in rejecting any claim based on lack of inspection of the site prior to the bid. 4. Alternate Bid Items No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications. 5. Bids ,~_ a) All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings. b) All bids must be regular in every respect and no interlineations, excisions or special '°~ conditions may be made or included by the bidder. c) Bid documents, including the bid bond, and the statement of the bidders' the „_ qualifications shall be sealed in an envelope and clearly labeled with the words "Bid Documents", project number, name of bidder and the date and time of bid opening. d) The locality may consider as irregular any bid on which there is an alteration of or departure from the bid farm and, as its option, may reject any irregular bid. e) If a contract is awarded, it will be awarded to a responsible bidder on the basis of the ,. IowesUbest bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents. IB-1 6. Bid Modifications Prior to Bid Opening a) Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the city/county prior to the closing time, and provided further, the city/county is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition, subtractions or other modifications so that the final prices or terms will not be known by the city/county until the sealed bid is open. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. b) Likewise, any bidder may modify a bid by submitting a supplemental bid in person prior to the scheduled closing time for receipt of bids. Such supplemental bid should mention only additions or subtractions to the original bid so as to not reveal the final prices or terms to the city/county until the sealed bid is open. 7. Bid Bond a) A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the locality or negotiable U.S. Government Bonds (as per value) may be submitted in lieu of the Bid Bond. b) The bid bond or its comparable will be returned to the bidder as soon as practical after the opening of the bids. 8. Statement of Bidders Qualifications Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The locality shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the locality all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the locality that the bidder is qualified to carry out properly the terms of the contract. 9. Unit Price The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities. 10. Corrections Erasures or other corrections in the bid must be noted over the signature of the bidder. 11. Time for Receiving Bids Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is IB-2 17. Equal Employment Opportunity Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, color, creed, sex, or national origin. IB-4 shown to the satisfaction of the locality that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered. 12. Opening of Bids The locality shall, at the time and place fixed for the opening of the bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present. 13. Withdrawal of Bids Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating his purpose in writing to the locality. Upon receipt of such notice, the unopened bid will return to the bidder. The bid guaranty of any bidder withdrawing his bid ~. will be returned promptly. 14. Award of ContracUReiection of Bids a) The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid. The bidder selected will be notified at the earliest possible date. The locality reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest. b) The locality reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work ~-- involved in construction of the improvements embraced in this contract. 15. Execution of Agreement/Performance and Payment Bonds a) Performance and Payment Bonds, requires all prime contractors which enter into a formal contract in excess of X25,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a -- Payment Bond in the amount of the contract before commencing with work and a performance bond for public works contracts in excess of X100,000. b) The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the locality may grant, shall constitute a ^- default and the locality may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the locality may charge against the bidder the difference between the amount of the bid, and the amount for r which a contract subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re- advertisement, the defaulting bidder shall have no claim against the locality for a refund. 16. Wages and Salaries Attention is particularly called to the requirement of paying not less than the prevailing Davis-Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the bidder to inform themselves as to local labor conditions. IB-3 17. Equal Emplovment Opportunity Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, color, creed, sex, or national origin. IB-4 Proposal tt P~~t I PROPOSAL TO KERB COUNTY rDR THE KERRVILLE SDUTH SANITAP,I' SEINER ~r2~~ r~`- TDCP CPMTRACT ~; 224' i AND 723D95 The undersigned, as bidder, declares that the only person or parties interested in this proposal as princ~oals are those named herein; that this proposal is made without collusion with any other person, form, corporation, that Bidder has carefully examined the form of contract, instructions to bidders, specifications, and agrees that Bidder will provide aC the necessary labor, materials and equipment called for in the contract and specifications in the manner prescribed therein and according to the requirements of the Owner as therein set forth. It is undertood and agreed that the work is [o be completed in full in ??D calendar days. The work proposed to be done shall be accepted when fullp completed and nnished to the entire satisfaction of the Owner, and shalt include the following: _ Construction of 8-inch gravity sanitary sewer coliectron system, service laterals, septic tank mitigation, manholes, 4-inch force main, wastewater lift station complete with electrical, SCADA at Ilft station complete, cuffing and replacing concrete and scphalt, dewatering, testing and al! other items included in construction documents and as necessary to complete the project. The undersigned certines that the bid price contained in this proposal has been carefully checked and is submitted as corroct and final. If there is a discrepancy between price quoted by written words or fioures, the price quoted by written words governs. 9idders for the construction work must submit a satisfactory cashier's or certified check, or bidder's bond, payable without recourse to the order of Kerr County in an amount not less than five percent (5°0) of the total bid based on the bid which check or bond shall be submitted as a guarantee that the bidder will enter into a contract and execute pertormance and payment bonds within ten {10) days after Notice of Award Bids without required check or bond will NOT be considered. of Base Bid (Insert Amount in Wordy and ~- i i i / ~ ~ /7 y / _ / J~ .. / A ~ Dollars JV/ crl oce v (9 J S Bidder has examined copies of all the following Addenda, receipt of all which is hereby acknowledged: Date Number Frooosa Page 2 Binder is. (Ghect: vne~ w _ An individual propnetorship, A. parinerhip composed of •- anc ~ ~ ",'~~ / A. corporation chartered under th e laws o`. the Stage of ; ~~-' acting by its officer, Dursuan; [o its by-laws o' a resolution of its Boa rd of uireclors. ~1C ~',r-L `~ ~{f~ ` . 9ioderj (Name o ._ ATTEST ~ 9y ~nSC C-~~_^c~e~~U ~r, ~F~J~~O (51gnaW2i !1 `~I EJI~~ rte (Title] -- (Nddressl m W .~ ._. _, i .... PRC?CSr,! SriEFi 5K5 61D ~ Lern~ili; gout Manua: ~ newer roiect - GH I'~ £ III v APPRO>:II~F,TE ~ ~~: ~ I"`I7h vN ~~ 'JNI B!C PRICE ~ 'I?=1J~ ~ DUANTITIE= IfJG I AND UNIT (lMitten Ir Words ,_ W ,_ Po b .._ ... ~Ka=_ -,- _~ ; ~IVaIJh~ UIJIT Pr^.ICE ;. QUANTIT~ (Ir, Roure.; ' -il 7 ~ IL4anu auop -y/ i l for ' l'_~'~ i~-l~ ~ ~~~.?~l~^~ Fr,~!%'%Dpllars , ., ~~,'~ ~/ `~ ~-L ~' moo, `~/, , anc Cent_ per Unl! '' I I. Frepa ~ nlgn~.-o. w~v % I LS. / ~ ~ ~fo~:,.. ~~ ~ ('~1~~~1~~('CL %"~~./~~'Dolla7s ~ .r i-..T, ~~ / ~~ i ~~9~yL- ; / and _Cer,ts oer Und , 31 6,12E E" SDR 26 Saninary Sewe- Plp s(All Gepthsl ~ ~2 L /,/ ~ land `~r-~/~-t.~ Gents per Unit ~ C ~ 4 ' 22 1Naterbgh( Maryhole D' ~''!In lud~na D~op Manhol sj / (_.k. ~1 l and Cents per Unit ~ 60.4 ExtraGepth Manhol_>6' V.r ,, ~ ~ ~ ~ ~ ~ Gf`%J.~ ~ ~'' ~~ Dollars forC1a~~:-L L` ~`.. ''.? ~ _, / f ~ Cj LF C, T i ~ , ,, ; . and ~y=(~ ~ Cants per Unit . ~ 6 22 Manhole Rmc Encasement -~ I ~A. q / - ~~ 1' and _ Cent= per Unit 7 1884 F L 4" C-90G DR- i ~ °JC Forca Main and Fitdngs, Complete /'' . . -f for ~,/7_~ Dollars /7 ~ a ~ ~ l ,~ - .~-~ Cent- per Unit and _ B 119 `4" Scnetlule 4 .~eYvlce Lateral to ROVV Line, Complete with EP,. aL' Fittings aid Cleanbuts (per Plumbing Code) for ~~~' ~/~2~~,/.-~~L ~~-L~ 1°/~~Ilars ~/ ~/ /~j ~ / mid ' and Cents per Unit BIDDERS SIGNP,TURE (n~ II ~C~S ~~. ~`~~c~'1``Ut~2= ~`'l~Ir1 'All Cleanouls subject to L afflc shall he cast Iron w'th 6" concrete encasement. ?ROPOSN'_ SH=ET ~<.S~ SID P.A~c ~ 7= Fsrrvilie South Sanitaa Sewer Proiecl - PH II ~ III A?PRO)JMATE, DESCRI?TPOIJ HNG UNIT BID PRICE I ~>:TcN51O1~! ~ TBM UfJI7?RICE X OUANT~~°' QUANTITIES ~ ~ 1JD (In ?ipuresl I AND UNIT ~ llNritten In ANordsi 9 86 ~I°c^ Scneoule 4G Service ~aterai from RO1rt' to Dwellinc ConnecUOn ' I EA.. ~Comol t wall r=lttlnq an"_ Cleanouts (per P~umbinq Cgdej for ~~ z-<_'-~~ ~'~!~.,~,.%~1i'+/"'~~T ~~iar- ~-'_!~i/o:'~"C( :~{-~' I _ ~ ~'' lane ~+`-~' !( <`-- G' .i /~P Cen[s per Unll 101 Bo '~ ^~5eptic TanF. Wraigacio~l 4 =A. -- i ' / J ~ / I l / l anb venfS D°_r Unl~ "-~~ ^ 1 90 ' Cu~. a Replace Concrete S.Y - JJ~ ~ Dollars /'~ _~i -~~ ~t for ~~t-'~%i ~ ~ p and ~.~^=L ice' ~'~I ~~ Cents per Unit S? 340 Cu: ~ Replace~oncrete-Curt & Gutter L,P _ . _„ - ~ for `-`~i-:''~ ~}',~c_~ Dollars =-~ ~C~ ~ ~ ~~ ' l I . , ~ / v J _ ~ and / . / ~!'t ._ ~ ~ ~ Cents oe~ Unit ~ 13 3565 ~~ ent u; and Repl~.e -^av V I SY ~ ~ /~ ,l z ~ Ji+ f0.' l~i~~f , !', ~ :. ~` ~.E DOIa rS ~~O /1 ~ ~'%- ~J i ~ ~ , J ~ ~ ~. I ~~ 7 / . , ~ ~ "' ~ ' ,>',~ Cents o=r Uni: and _ ; ~ ; i4 B1DD Trench Excavatipti Sa#~ty Proiection L.= for , Dollars '" r ~~1( 'f t . / l> ~ ~ ~i-~ f and _--;l"~` ~ ' ~~) Cents oer Unit 15 1 ~^'RemoVa ~ riepiac`e Pencinc and Shelters to Original Condition LS ~- i ~ for (~~c~ c- may/ i 9'~'~1~// Goliars ~ L; and v-,--(f ' Cents per Unit 16 1 "'Temporary "renan 6 Shelter for Goats on Mr'Haun's Property , L.S. ~ , ~ / for ~~~%t~p ~~±~`ih"!~,%'7//"~ r .=~?l~J'7~Dollars // `) ~fC and Cent per Unit BIDDERS SIGNATURE ~C'~~' ~tr_~~QIvPP ~1~h 10 ^Conlractor shall be responsible for all permits, inspections and applicable fees. "'All work to be coordinated with property Owner Mr Haun at 40D Loyal Valley Drive. ~~ PFD°OSAL SHEET BP.SE 81D PAGE 3 Dr 3 'r`errville South Sanitary Sewer Proiec' - ~H II & Ih i gooRrJ ~IIVIPSEI DESCRIPTIQN AND UN17 BIG PRIDE E)'T~NSlON ~-^ ;ITEM ~ DUANTITIES i ~~ UNIT PP.ICc Y QUANTITY .~ ,_ NO AND UNi? (bUritten in Words'! ~ (In Fiquresl ' i 2,400 NydrgmuJchrng ! S v rqr Dollars / "I') n r!~~~ n [f ,. / I ~ f• -!' a n land _ ~.~C >~ ~--J_~i ~-n~ , Cents Der Unir I 18 ' i i -, ~ Dewaterlnq~ / ~ ., LS ~ ,, / / / / r land Cents per Unit ~ 19 ' 1,620 'ITrencr. 5edding lvlatenal j I ., ~ s ~`~ r for _ l 'fry ~~ ~- L, Dollar .- Y / ~` /~~ ~ `, ~-v~ + r I ' ~ ~[ ~' / ~ ,. ~ land 1Cents,per Unit , 20l ? ~'^ uVa t wale- Ldt Statior „dmpiet ~ ,, J - - ' I I far .~G^-f,/ ?/..,%~< <-~/,,,~.<. J Dgllar F ,; ~~ ~ . li~~ /' ' ~ ~ -- /~ l i ~~ ~ ' and Cents oer Unit ~/ .~ f ~-C_~ ' 31 1 "" S H at Lift St io n ete , Comod C,4~ / i ~ ~ p ~ ~ fo.i C~F/~GLfCL L' Dollars ~~,, ~}%~ ~ ' /,~, ~ i - land Cec[s oer Uni: for Dollars I and Cents per'Jnit W ~ BIDDERS SIGNATURE ..~ ~C ~ E ~ i=ct c1c~ w ~% ~ ~. ~ ~ .., "` ! "` Two (2j submersible pumps shall be capable of pumping a minimum of 1D0 GPM with a THC of'6 ft. and 3-inch sudionl3-inch discharge. Motors shall 'oe minimum 6HP, 3 phase, 60 Ham. Pumpex Kfi3F-VB116D of as approved ~. ~ by the City Utility Manager Contracfor to submit shcp drawings ane supporting data to the City Engineer for review and approval. See Specifications for sudmiftai requirements. '°`"Contractor shall be responsible for coordina4on with Kerrville Public Utility 5oard (David Cowen 830-257-3D50) for B elactrical service extensign and service Dole irslallaticn. Contractor to submit electrical plans to be attached to these plans far review and approval by the Ciiy Engineer No separate pay item c s to be included in the Did Item for SCADA al Li`t Stalign. _. -y ~Pr~op9o~s,,a~,l ~ I~ "~ Pat~,r ~"".~~- d~ PRO?OSAL "° TO ,., KERB COUNTY FOR THE KERRVILLE SOLITiri SANITARY SEWER ~ICf~,TL TDCP CPMTRACT #722411 AND 723085 The undersigned, as bidder, declares that the only person or parties interested in This proposal as principals are those-named herein; that this proposal is made without collusion with any other person, form, corporation; that Bidder has carefully examined the form of contract, instructions to "° bitlders, specffications, and agrees that Bidder will provide all the necessary labor, materials and equipment called for in the contract and specifications in the manner prescribed therein and according to [he requirements of the Owner as therein set forth- ~.. ~ It is understood and agreed that the work is to be completed in full in ?70 calendar days. Ttv> work proposed to be done shalt be accepted when fully cerrrpleied and finished fa the entire .... ~ salisfacfion of the Ouvner, and shall indude the following: Construction of &inch gravity sanitary sewer collection system, service laterals, septic tank mitigation, manhdes, 4-inch Torre main, wastewater lift station complete with electrical, SCADA at lift station complete, cutting and repladng concrete and scphalF, dewatering, testing and all other items inducted in construction documents and as necessary fo ~smplete the project. The undersigned certifies that the bid price contained in this proposa! has been carefully checked and '°~ is submitted as correct and final. If there is a discrepancy between price quoted by written words or figures, the price quoted by written words governs. bidders for the consWcGon wort: must submit a satisfactory cashiers or certified check or bidder's a bond, payable without recourse to [he order of Kerr County in an amount not Tess than five percent (596) of the Total bid based on the bid which check ar bond shat! be sutxnitted as a guarantee thaf the bidder will enter into a contracE and execute performance and payment bonds within ten {1 O} days after Notice of Award. bids without required check or bond unit NOT be considered. ACS of Base Bid {Insert Amount in Wor and Numb ): Dollars ($ ,~ ~ SS,~I ,PD ~_ Bidder has examined copies of all the fallowing Addenda, receipF of all which is hereby acknowledged: Date Number t - --- oropcsal Fage ^_ Bidder is, (Check One) w. ! An individual proprietorship; A partnership composed of -` and ~~G v F. corporation chartered under the laws o. the State of e?N~-~ acting oy ~~ts officers pursuant io its b -laws or a resolution of its Board of Directors. $f~~, (~nie of Bidder) `` n ^ ATT.ST: 91'~ -~^SC C.vc;~Y.oc.~~~ P_~!b,o (Signature) {Title) o "` (Address M ~_ ~~ PRDPOSALSHEET "-~ __ ~~ ~~ _. ._ _~ _• 5F;5~ BID WAGE r. OF t:ern~ilie South Sanitarn Sewer Proiecf - PH I d III ~ APPRO::IMaTE DcSCP.IPTIDN AND UNlT 8iD PRICE E): ii ENSIOIJ 1T~M OUHIVTITIES JI UNIT PR ICE ;; ~'.~UAN T I T 1' ND ANG UNIT j (Written in Words) (tn Figured 1 1 Mobilr_atio n L.S. r~~ / ~ i ,~ ,~ ~ lv,~ T Cents per Unit and _' ~'- r 2 1 L S Prepari y~Rtghi-ot-W /~]'~ f . . ~ - ,. ~ i , ~ 7 ~ j Gents oer Unit and ~ ~- I' 3 6, i2fi B" SDR 26 Santbary Sewer Pips (Ali Depthsj L.F. ~ ~ ~J ~ ~~ ~ ~ ' ' ~ Dollars - u J-- i1 / : ~ 4/ ~ .~ ~ ,,ll Cen[s per Unit and ~-[./v i _1~- 4 22 Watertight Ntanhnle C' Including Drop Manholes) EA ~ v ~ and Cents per Unit ~C.:~ 5 66.4 Extra Gepth Manhole >6' 7 V.F. /~ J ~ for _ , ~ ~~ Dollars s ~ ~ ' and ~y~ / Cents per Unit ` ' ~ f•3' 6 22 ER. Manhole Ring~ncasement -~ , / ~ , , i , ; X11 ~C1L1~1 Opd>;tlf rs ~ r and Cents per Unit ~ ~= l 7 1884 4" C-900 DR-1 PVC =orce tJ~am and Fittings, Complete L.F. Dollars ~/ ) _ ~ and ~.-,-/ ~ ~ Cents oer Un8 , ` '-- k B 119 '4" Schedule 4U~ 'ice Lateral to ROW Line, Complete with EA. all Fittings a d Cleanbuts (per Plumbing Code} for /I ~ L-L ~ h+° tars /' y, ~ U and Cents per Unit .S <~ ~' 81DDEP.S SIGNATURE Jere G~~~.~~'0~ ~t~b;a 'All Cleanouts subject to traffc shall be cast iron with 6" concrete encasement. ~i _~ PRDPOSALSHEET EASE SID PAGE ~ OF 3 ~'o~n.m~ C.,. itn Sanitary Sewer Proiec[ - PH II & III APPROYIMATEI DESCRIPTION AND UNIT 81D PRICE ~ E>.i EIJSIDN- ITEM DUHNTITIES UPJIT PRICE X ~UANTiTY N0. AND UNIT ~ (Written in Wordsl (In Figures) 9 66 I °4"Schedule 4D Service Lateral from RDW to Dwelling Connection EA. I Complete,;w/all Fittings and Cleanouts (per a tubing Cgde~ '' ~I / / ( f ~G% .-, ~~ ~ q ~ 1/~_ ~ Mars ~ ° ~ ~~C Ly~ i . o; for ~ - 70,? I '7~,~ / and -i: /~/ '-r Cenls per Unil ~~; 10 86 I 5ephc TanF. I igaiio ^ EH. ~ ~ /9/ ~~t~s rr -~ tar ' %~/~~~~°' ~1~~ :~J °,'!:~, ~C~ l h and Cents oer Unit 11 90 Cu, b Replace Concrete S.Y ~~ .~ ~ ~ ' ~ ~, -~ v , ~, . I ~ ~ ~ I ~ Cents per Unit - and )~-~ •. ~ ~ -~ ^,2 340 Cu! d Replace oncreten,urb & Gutter LF. ~' 1/ ~?•~ Dollars v ~ CI ~~++ Cents oer Unii I ~ <'t' . ~` / ~'~ ~ and L~ ~ ~ 7 13 3565 ^Cut and Repl~::e ?avW rnent r/ S.Y. ~ -r-L - / 1^ Q~ r ;< /, . ~ . /• j and '` /r' ~; ~ ~ Cents per Unit ~ =~ t: 14 61 D0 Trench Excavatio Safety Protection L.F r, for Dollars / ('L'% and ~`~ ^~' 7 ~. ~ Cents per Unit ~ t- i• 15 1 °'Remoye & Repl .,e Fencing and Shelters to Original Condition L.S. i ~ ~ and (,L Cents per Unit ~ dc~ 16 1 i emporary Fencn & Shelter for Goats on Mr.'Haun's Property L.S. ~ r r rs -f- / ' and Cents per Unit .~ ~ h; 81DDERS SIGNATURE ~ox' ('r ~c(alvPP ~t r~:, io °GOntracror snau de responsioieror an permres, inspecuons a~w eNN~~~a„,= ~__~~ -- "' All work to be coordinated with property Owner Mr Haun at 400 Loyal Valley Drive. ~,. - ~~ PRDPDSHL SHEcT EASE $ID PAG= 3 Dr 3 Kerrville South SanitaR~ Sewer Protect - PH II & III <. ~. i HPPRC::IIdATE DESCRIPTION HND UNIT 81D PRICB ' E>. T cNSIDN ITciJi DUANTITIES ~ U NIT PRICE X QUANTITY IJC AIJD UNIT (Written in Words} + (In ri_qures) i7 ~ 2,400 Hypromulcning oT ~tor (far ~^ r q r !/ 7 ~ ~ ~~ ~ ~O ~ ' I ..C ~.~ and ~`~-L-~t--G=~ ~-~ Cents perUnlt _y~, V ( -. 18 1 Dewaterine ~ L.S. ~ / , ~ , ,~ ,, ,; .~. and Cents per Unit -^ n{) 19 ;,o2D Trench Bed ing IJCatenal ' C.Y. I ~ ~ ..t' land C"~- .Cents per Unil ~ _t „ f~' 2D 1 ^"Waste ater Lift Station, ti.dmplete i ~ y,.. ~ ~ ~ ~ JG~ L.S. .< ( ~ for 7 ~ ~ ~ ~ 'S r ~ ~ ''/i~ Dollars , ~? ~i G - i ~~ ~ ~'Y ~ and Cens per ' ~~ ~ 21 1 ^SCA y a Lfii St ~pn, Com ate L.S. / ~ - ~- J ~/ V ~ ~ •~ l and Cents per Unit Z ~ = h, for { f Dollars and Cents per Unit l BIDDcRS SIGNATURE .~ ~ ~o5E (n~,a ~Ct ~-y (4' K , ~~~,'r~r "* Two (2j submersible pumps shall 6e capable of pumping a minimum of 1 DD GPM with a THD of 75 ft. and 3-inch suctionl3-inch discharge. Moor shall be minimum SHP, 3 phase, 6D HZ. Pumpex Y.E3F-V5i 9a0 of as approved by the City Utility Manager Contractor to submit shop drawings and supporting data to the City Engineer for review and approval. See Specifications far submittal requirements. "'"'Contractor shalt be responsible for coordination with Kerrville Public Utility Board (David Cowen B30-257-3050) for ,,,. ~ electrical service extension and service pole installation. Contractor io submit electrical plans to be attached to these plans for review and approval by the Ci[y Engineer. No separate pay item, cast to be included in the Bld Item for SGADA at Lift Sta[inn. ._ STk'F'EMEN!T OF BIRDcr^.'S OUG.`_f~ICkilOfdS AI'. que;iiont, mut ne answered and the data oiven must be clear anr, comprehensive This statement must b=_ notan_ec G n=_cessar}, qustions may be answered or separate attached sheets. The Bidder may submi'. any additional iniormation he desires. Name of bidder Address. Date Organized- (7_~ f(~~3 Date Incorporated: Numaer of ~' ear, in conrading business under present name. CONTRACT=. ON HAND: llo/©? ...- Contract Dollar Amount Completion Date i r~ ~ ~ ~3 ~ ~ i3 t>S U~ ~ ~ '!. c LL'~4 9070? ~~/ ~ g ~ 65 fir[ Fu; ee. l~a.n ~,r_ I Y D o . ~ -r' i ~ !S y ~ ~ ~ ~ ~ Type of worF~, performed by your company: ?4- °.i ~Y" R l L t-e (1 --> Have you ever tailed 4o complete any work awar ded to you? t Have you ever defaulted on a contract? ["~~ .... ± is' the projects most recent!} complated 6y you r nrm (include project of similar imoortanc=_): project Dottar Amoun! IVto(1'r Computed e;t ~ ~ - ~r~r,~~ 7si ~~z ~z .~ b _ n '~ o`J~ .9 5 ( l r~ IS~~I ~~J~ ~1~~ t5 Major equipment available for this contract ~ ~ Attach resume(s) for fne principal member(s) of your organization, including the ofricers as wet! as the proposed superintendent for the project. ' Cradif available. ~ ~~ ~.[~ Bank reference: {~CtA ~j/,y/'J/~~_~S ~~ The andersigned hereby authorizes and requests any person, firm, or corporation to furnish any iniormation requested by the in verification of the recitals comprising this Statement of Bidder's Qualifications. s.' Executed this I day of , i9 ...~ b)'~ ..,csG ~.i:n cl-.(v7~E JZ~~~uio F i'LS~C-W.fr'F- (Signature) (Title) „' r''I~~ INSCO INSURANCE SERVICES, INC. ~r15C~~CQ Untlerwrlting Manager for: Isy:,li'~Rli~l Developers Surety end Indemnity Company Indemnity Company of California 17780 Fitch, Suite 206 • Irvine, Calrfornie 92ti14• (8001 782-Y 546 www.InscoDico.com BID BOND TCNf 1W ALL PERSONS Rti' THESE PI2ESP.N; S, Thal. we, Lupe Rubio Construction Company, Inc _ _ Rand as Principal, and Developers Surety and Indemnity Company .n arlporation aulhori2ed In 7unsact a general surety business iu the Stale of Tesas, xs Surety, are held and firmly bound unto Kerr County Commissioners Court 700 Main Street Kerrville, TX 78028 in the full and just sum of Five Percent of Greatest Amount Bid Dollm~s, I$ 5% GAB Y fur the payment whereof' in lawful money of the United Slates, we bind om-selves, our hens, adminictrLLOrs, executors, successors and assigns, jointly and severally°, tirmly b}' dtese prevents. WHEREAS, [he said PRT!YCTPAL has submitted the accompanying bid flu Sanitary Sewer Collection System & Wastewater Lift Station 8" Gravity Sanitary Sewer Line NOW, TT-LEREFORE, if the Obligee sled: accept the bid oI the Principal and the Frincipal shat) enter into a Corltrart with the Ubligce in uccordanee with [hc terms of such bid, or in [he even[ of the failure of [he Principal [o enter such Contract, If the Principal .chill pay Co [he Obhgee [he difference not to exoued [he penalty hereof between the amount apecilie3y: ~~~"//o~~ 71~ Robert James N~ sche nuomev-i.,-Foot ctdlcd the Obligee) ID-I I')R (rkI ImD eUND) (4p^ I PO~'CR Cif 4TTOKNGI' FUR "' DL\~FLOPGRS SURF°fy'.4NP INDEMNITY COMR4N1' I'u bl)AI~~T_c IRVINE I Au_o3i la_lol 'n5-3 JUl wrew IunuaD nv.unn "` IyNIIM~ ALL MFN 6r l}IhtiL PR 6ShN IS. Ihm exepl a. e~pl csnh Ilmual Dhb F.I (~I'I_R.S SL'RGT'l 4N1~ INnEMIJ ITI /'ilM P4 Ml doer, hrrehv make. can.;luulr and uppamr. *^ Robert James Nitscne, Robert K. Nitsche, David P. Ferguson, Violet Frosch, Nina F.. Smith, Craig Parker, -» jointly or severally'' a ils Iruc uuci lawluf 4numcvl ., lu rout. hl nud:c. cx cc ulc ddiecr uud ueknuwlcduc. li,r and nu hchall nl chid rulpw utiuu an nlrclY, hunch, nndcnukings and ..~ tunlt'ae Ls nl Sul CIYShIp 11YInY and L'I'a0rmL unlit Yuld AWfn Cyls l-~In-F'JC In p0AVel' and :Illlhol'~IIV lu da lllld In hcl holm eVrl~' Lld nCle¢l'J fY. I'cgnlVly ar pl'llpel' lu ho done In unnnccium ILrlcwllh vs the un'pnrulinu cmdd dn. hul luvcrr ln@ m the nn'porm ion lull lmmcl o! duhaluuoun and rrvauu¢m_ and nlll of the ucL: of .vuiJ Aunrnoyls i-n-f n[I-pw au'anl n; Nmsc prc:aenl'. :uc hclohy ratlGrd and cnnl'innrd. Thl,. 'nmer of Avulnec h wanted and is slenn hr 'oailni,~ undcl and h_v aulhonty a the oumiu_ luuiuuau udupmd h~~ We 8uurd ur Dlredan o1 DLVhLU P6 RS SU R.ETl AND INDI'19NIT1 EUMI'AKt dledice a•. ul Nuremher I, 'DIIIP RESuLA'Fn, that the (~hoinnan of thu Bonnl-the I'rcwdenl and :mv dice Pl esldenl oFthr arrpnrnuun bc. '.lad Ihal each ul them hereby in, mlthol iird to ,,., raecwe Pmecn nl Allollle~'-gnallly m@ the Auurneylsbi n-trlc~ uuuled in tlm Puoela o(Allnmry to eseuum- uo belrJll of the u;lrynniion- hands. undcllakingn and anarac La al yurcp'9hlp. .lad UPII dl' Scrrcnu'p nl anv As.i+lam ti'ulcuny ni Chu cnrpul'ubnu be-and r.d ul Ihcni I _; cby is. authorized lu otlo'I Ihr cxcartlan of anV such Puwrl ..I ;1lhnncc. R hStJLA'h.D FI IRTIICR. Ihnl Ihc-a~~uulu res ul such oHiccls nuly he alfizcd In any suds Pmerr nh Annl'ucy of to any ecuilicWC rdalln,~ Ihclnu by .r tilcsinillo-and auk' xudl I'owcr of Anul'ucy ur carGlicutc hc:u ine >urh liraslmdu slgnlrtu ¢s ch'all he valid and hiudin_ upon Ihr oirpul'v dun wllou .vu uRlnnl and in the luhne with lospccl m uuv hand, uuda laGiue m umtrucl of duln.~ry~shlp m whidt ii is attached IN WITNhSS WHLKH 1h nt Vh L~tl'r Rti SIII:CI'i AND INDEh9NIT1 t i1M I'4 Nl' has caused the'.e pl anent. h. Lc ~iuned by its resprdivc G~cculi~~e Vice ~- Precedent anJ aueslyd by hs tircremry Ihr Lxl due ,d ; tauhrr. _'1111: ( '. ~ i >',OjY.~ AN D ~ Q- Davld I L Rhode.- tscumcr V-lee-Pees nlcnl ~ ~' €~.-' OCT. / d' 10 ..- ~_.~ / 30; 1936 bV' '+, ~ . Wuhcl'A.(luwdl Sn-lcmly ;, *;~~ STATC UFr 4LIFURNIA I Ititi. r'UU NTY (1F (11!AIvGI- I tm Ogoher 1111 U, helurc loc. Dl:me J 4.u;vn la. pel_Januy appeu red Unvid H. Rhodes :uu N'ulrl 4 (_lumd, pursunay known lu ale lur pl'uved to me on [hc buds of iVLllll buwuq' cvidonccl to he the prnon, whose n:uncv ;uc.vulncrlhad la the mrlhln invrumm~l and uuknow lcdgcJ ¢l me that Ihry cx nvand the .~- some m Ihclr uuthurrzcd cnpllulho, and th'v[ by Idcu slenalul c. un the inslrumuv Ihr em nY upon hchall oh which the penman; acted, excuu led the Intih antral. N'n'NI SS mp hand and , Hldul sod i y p, y~v,~ DIANE dKAWATA p COMM. p 133a]4fi ~ "vb. I Notary PUblc ['el lama ~1.~. ~ ~ -~ ~ ~~ $1lnnlalr t ~ ~ 1 ORANGE COUNTY ~ - . / -- -. _- Y ~ ^;My Gomm Ewp res JAN. E. 20x6 v "` ceKTiflcnTr: l he undcnienrd. ay Acniul b ire PI CSIJrnI. undcnvwiug- ul' DINGLE ~PERS .SUIt E9l' .4ND INDEMNITY r'OMPA N'i, dues hrlchy uerllly Ihm Ihu tut a~ nim_ Puwm ul 411untcy remains in I,dl li~rec and h:n' uol been revoked. and lurlhermoYC Ihul the prnclslune of the resolution ul the respediya Bual do ul' Dhrl lul'Ih in the Purvey nr Attorney. is m I~~xCr as N Ihr date u1 Ibis t tl'lllic'.llr This ('uldGcute is executed n the (-ily ..t Irvlno-l al darn lu-the 23rdd'.p~ of T13V , ~QQ~__ by ~ ~ ~.~17s-~-n'~ w. Wedcy W Cnwlinn color Vice-1'resldenL I Indunvri l e IU-Id IM IDSIi1Rrv Ittrll .l IMY(11tTA NT NO'1'1CE 'Co obtain information or make n complaint: Yuu ma}° call the Surety's toll free telephone number for informaton or to make u cmnplaint at: I-snoas2-TSar~ Sou may also write to the Surety aL P.U. Bus 1')725 brine, CA 92623-9735 Sou may contact the Texas Department oY Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You mn}• write the Texas Uepartmeut oY' Insurance at: I'.O. Boa 149104 Austin, TX 78774-9704 b'.cx# slz-4~sa~~] PREMIUM UR CLAIM DISPIITES: Should you .r have a dispute concerning your premium or abort a claim you should contact the Snrety first. If the dispute is not resolved, you map contact the Texas Department of Insurance. ATTACFI THIS NOTICE TO YOIIR POLICY: This notice is fbr bil'onnation only and does mrt ,~ become a part or condition of the atkached document. AY1SU IMI'UR'PAN CE Para ob[ener information u pars sumeter una yucja: Usted puede Ilmnar al munero de tclel'ono gratis de Para infm'macion o para sumeter una que,ja al: 1-81111-7 8 2-Y 54ti Usted tanbien puede escribir a Surety at: CO. flux P1735 Irvine, CA 92(33-977.5 Puede comunicarse cnn el llepartamentri de Seguros do Texas para obtener information acerca de com- panias, coberturas, derechos o quejas ut: 1-SO[I-352-3439 Puede escribir al Depar[mento de ScTurus de Texas I'. U. Box 1491114 Austin. T\i 78714-9104 Eaxk 512-ass-I~~] DTSPIITAS SUBRE PRII\'tAS U RECLAMOS: Si time una disputa cmtcerniente a su prima n a un reclamn, debe comunicarse con el Surety primeru. Si nn sc resuelve la disputa, puede entonces comuni- carrse con el departamento (TDiI. UNA F.STE AYISO A SU POLT7A: taste aviso es solo para proposito de information y no se com'ierte en pane o condition del doemnento adjunto. c'C4 1115CQ~~CO -1_;r-» Insco Insurance Services,lnc. Underwriting Manager for: ,,,, Developers Surety and Indemnity Company • Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 1-800-782-1546 www.InscoDico.com ID-1404 (TXj r4/O7) LIST OF QUALIFIED ADDRESSES FOR SEPTIC MITIGATION ANG SEVICE LATERALS CONNECTION TO DWELLING eastern LV 722411 104 LV 106 LV 107 LV 109 LV 112 LV 114 LV 115 LV 116 LV 117 LV 119 LV 122 LV 125 LV 129 LV 134A LV 136 LV 144 LV 148 LV 149 LV 150 LV 11 B LV 126 LV 134.5 LV Key: LV= Loyal Valley GM= George Muck S= Shannon F= Fredrick .5 = "B" or "1/2" unit \Nestern loyal Vatlel' 723D95 201 LV 202 LV 202 LV 204 LV 206 LV 302 LV 302.5 LV 304 LV 400 LV 4D4 LV 410 LV 414 LV 415 LV 419 LV 422 LV 423 LV 426 LV 427 LV 435 LV 436 LV 438 LV 501 LV 5D4 LV 509 LV 510 LV 512 LV 513 LV 519 LV 101 S 102 S 103 S 106 S 107 S 110 5 111.5 S 112 S 113 S 117 S 1 zD s 121 s 200 F 205 F 209 F 212 F 217 F 220 F 224 F 225 F 229 F 101 GM 104 GM 105 GM 107 GM 109 GM 112 GM 114GM 115 GM 116 GM 117 GM 118 GM 119 GM 120 GM 722 GM 124 GM n 0 q n H w n n STANDARD FORIVI O~ .AGREEMENT BETWEEN O~~NER AND CONTRACTOR ON THE BASIS OF .A STIPULATED PRICE TFi1S AGREEMENT is dated as of the Countti" of hers (hereinafter called called CONTRACTORI. day° of August in the year 200d by and between the O~'NERI and Lupe Rubio Construction. Inc. (hereinafter U~'NER and CONTP~ACTOR, it consideration c,f the mutual covenants hereinafter set forth, a<~ree as follows: Article 1. WURh CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: KERRVILLE SOUTH SANITARY SEWER TCDP CONTRACT # 722411 AND 723095 The Project for which the Work under the Conn-act Documents may be the whole or only a part is generally described as follows: Construction of 8-inch gravity sanitary sewer collection system, service laterals, manholes, 4-inch force main, wastewater lift station complete with electrical, SCADA at lift station complete, cutting and replacing concrete and asphalt, dewatering, testing and all other items included in construction documents and as necessary to complete the project. (Bid Proposal Item Nos. 1 thru 9 and 11 thru 21) Article 2. ENGINEER The Project has been designed by Tetra Tech, Inc, hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be substatrtiall}~ completed within two hundred sixty (260) days from the date when the Contract Time commences to nm as provided in the -- General Conditions, and completed and ready for final payment in accordance with tlne~ Genera] Conditions within two hundred seventy (270) days from the date when the Contract Time commences to run. NO"1'E: Performance and Payment Bonds will be required. SA-1 ~? Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph ..1 above. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion mrtil the Work is substantially eomplete~. After Substantial Completion if CONTRACTOR shall neglect. refuse or fail to complete the remainhig Work within the tone differential shown for the original completion time, or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Dollars ($100.00) for each day that expires thereafter. Article 4. CONTRACT PRICE 4.1 Uy~~rER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Seven Hundred Fifty Thousand Six Hundred Eighty Six and 65/100 Dollars 1$750,686.65) Article 5, PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Cmiditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Article 6. Not Applicable Article 7. CONTRACTOR'S REPRESENTATIONS The CONTRACTOR makes the following representations regarding this Agreement: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Doetunents, Work, site, locality, and all local conditions and Laws and Regulations that in any matmer may affect cost, progress, performance or furnishing of the Work. 7? CONTRACTOR has given ENGEvTEER written notice of sll conflicts, errors or discrepancies that he has discovered in the Contract Documents and with the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. SA-2 Article b. CONTRAC"C DOCUMENTS The Contract Documents wlvch comprise the entire agreement between flyV'NER and CONTRACTOR concerning the Work consist ol~the following: 8.] This Agreement lpages ? to 4. inclnsivet. R.2 Exhibits to this Agreement 8.= Notice of Award 8.4 General Conditions x.5 Specia] Conditions 8.6 Specifications ~.7 .Addenda 8.8 Contractor's Bid. 8.~~ Documentation submitted by CONTRACTOR prior to Notiee of Award. Article 9. INSVECTIONS 9.1 The OVdNER and the. City of Ikerrville may inspect the constriction of the project at any time to assure that: 9.1.1 The contractor is substantially complying with the approved engineering plans of the project. 9.7.2 The contractor is constructing the project in accordance with sound engineering principles. 9.2 Inspection of the project by the OWNER and the City of herrville does not subject them to any civil liability. Article 10. MISCELLANEOUS 10.1 Terms used in this Agreement which are defined in the General Conditions will have the meanings indicated iu the Genera] Conditions. 10.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be~ bindnig on another party hereto without the written consent of the party sought to be bound; ~md specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent lexcept to the extent that the. effect of this restriction may be lhnited by law), and unless specifically stated to the contrary in any written consent to vi assigmnent no assignment will release or discharge the assignor from any duty or responsibility rulder the Contract Documents. 103 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors. SA-; assigns and legal representatives in respect of all covcnan[s,agreements and obligations contained iu the Contract Ducuments. NOTE. tINL.P THE COPY' OF THIS FORM IN TF1E BOL1?VD CONTRACTS IS TU BE FILLED Ol I'f. 1N t>v'iTNESS WHEREOF, OWNER, and CONTRACTOR have signed this Agreement to triphcatc. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. .~11 portions of the C'ontraci Documents have been signed or identified by Ut~'1VER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER: COUNTF OF KERR °~~"~F ~~, lie i5 7 ---~ 1 , ?005. CONTRACTOR: LUPE RLiBIO CONSTRUCTION. 1NC. By .,oSe G~cxc~a~~Qe Rv~oio (Seal) o.,,~, L~G.~. .a~~~~/~,y~, Attest Address for giving notices 700 Main Street Kerrville, Texas 75028 Qf UWNER is a public body, attach evidence of authority to sign and resolution or other docwnents authorizing execution of Agreement. ) Address for giving notices 8016 Dilley Street Kingslaz~d, TX 78639 License No. (If CONTRACTOR is a cozporation attach evidence of authority to sign.) y , \, ~~ i ~, ~, ~: SA-4 ..- _-' ~~"- INSCO IPJS~i9AN Gc SEF6VIGL5, IfJC. ~~~~~~~~ U~aerwrning Manager for Developers Surety and Indemnity Company '~~~'d°~-IG~;°r'~ Indemnity Company of California ~~ 17760 Fitch, Smtc 20U • Irvin:,, California 92614 • (800) 78'~ 1536 eewav:.l nscoDico.con i j PFPFO1tM_ANl L BON1~ - TI;~;AS PUCiL]C \~1t )P.KI [ E[:FORMANCE BORD Bond No.; 563399P KNOW ALL PGRSOM1'S BY THESE PRESENTS That wa Wpe Ru61o.Constructlon Com anv. Inc_ _.. __ _ _ _ _. _(CunL-actot-). as Principal, and Developers.Surety and Indemni~~ C°moanV _ "' as Surcty_ arc held and firmly bound unto Kerr County Commissioners Court _ 700 Main St Kerrville. TX 78028 (Owner), as Obligee, in the penal smn of Seven Hundred FiRV Thousand Six Hundred Eighty Slx and 65/100--------- TOLL qRS ~°` (5~~5o,686s5-----------_ _ _ 1, la~e~Fu] mouev uf~the United States oCAmenca, Corthe payment ol~which, vsrcll and truly to he made, we hmd oursclres, om heirs, executors, adlniuisn ators, successors and assigns, jointly and severally, fumly b_y' these presents. WHEREAS, said Conhactnr, Principal herein, has, by written apn~eemcnt dated .entered into a contract wiHi Owner for_ -~ Kerrrille South Sanit~Sewer Phase II. _ io accordance with drawings and specifications prrlxired by Tetra tech inc. Sot Soletlad San nntonio rx 78205 _._ _. which contract is b_v relcrence .., made a part hereof. and is hereafter referred to as the '`Contract". NOW, TftEREFORL,, a condition of this obligafion is such that, if the Coneractur shall faithfully perlurm the work contracted to be performed and comply with all precisions of the Contract, with the exception of airy contractual obligation rcquiriug payment oi~Contraetor's subcouhactors and suppliers then this ohligation shall he void, ofl~ereo~tse to remain in fu1! force and effect. The total amount of the surety's liabihtti~ under this bond shall in uo event exceed the penal s'wn hereof. PNOVIDED, HOV1'EVER. This bond is executed pw~suant to and in conformance with the provisions r,f Chapter 2'53, Texas Government Code, as must recently amended, and u1l liabilities under this hand shall die detennmcd iu accordance wridt the provisions oP said Chapter 1o the same extent as d~ it ~a~ere copied at length hci cin. No nght ui-action or rcanvetti shall accrue hereunder to or 1br the use of any person or entity ._ other than the Usnmcr named herein. its hcirv, executors, administrators or successors. ID 1541 (TX) 13/OAy • PAGE 1 of 2 W WITNESS \4~tlEP~!?CtF. the said Principal and Surety have signed and sealed this mstnnnentthez8th da}' Ol July _, 2005 PRINCIPAL. Wpe Rubio Construction Compam+, Inc. -. ~ {, ~r,~ ~ 1 Title: f?t F S ~ --- SU RLTY"". Developers Surety and Indemn~Comnany ___._ -- -. i~ ~~ Robert James Ni[schel (AttOR1~V-itl-lBCt 0 Ip-~ sql (TXl (3/04) • PAGE 2 of 'L rowER or~TTOarvw roa DCVELOPERS SURETI' AND INDEMNITY COMPANI Pil 1311\ 14Tf~ IRVINE,LA 4'n7+ 1'1)'11 '_fi ~-:SITU a'u~rv.ln>urDnvr.unm K Nl1Nl ALL MIEN I}1 T I-16SE I'R F_S6N1 S. Ilrnl e+uepl us cspradv limned. DI'V ht pl'ERS .S11R h'T'. AfJD INn LNINI"I 1' ~'OMPANI' due:: hereby make, [uuv'I ilule and appninl ***Robert James Nitsche, Robert F,. Nitsche, David P. Ferguson, Violet Frosch, Nina K. smith, Craig ParfI d,ly nl 1 relabel. _'11111 137 \\ c /1 _ _'rJ_. `ORP OR4j~•:?~y; D:n'iJ I-I. Rhudee, tVCA A ESTE AV ISO A SL POLLZA: Este avisu es solo pare proposito de ini'ormacion c no sr amvierte enpartc o condition del documento ad,junvi. rl:~'- IP15C~IC0 Insco Insurance Services, Inc. Underwriting Manager for: --. Developers Surety and Indemnity Company • Indemnity Company of Calitornia 17780 Fitch, Suite 200 Irvine. CA 92614 1-800-782-1546 ~- www.InscoDico.com 1D-14o41'rxl 14io11 __ ~ ~'1'- INSCO INSUFANCE SERVIGSS, IIVC ~R11~C UnderwriL ng Manages for' ~~ LL ~~e©_ Developers Surety and Indemnity Company -~ --~~~ r'~ Indemnity Company of California .~. 17780 Fitch, Salto 200 • trvme. GaGtomia 92G14 • IBOOi ?a2 i 546 www.InscoDico coin (PAYMENT BOND -TE?~AS Pl IBLIC ~'UkICI P.41'~IGNT BOND '~ STA7~E OE TEAS ~ Blln(~ NO-; 563399P COL'~NTV OE Kerr Ii]VOW ALL PERSONS BY THESE PRESENTS: That wc, Lie Rubio Construction Company- Ina _ ui the C'.nv oC Kingsland , COllnt~ of Llano and State ohTexas , as principa7_ and Develo ep is SureYand Indemnity Company __ , a Col-porate Surety authorized a> act as surety on bonds for Principal, arc held and firmly hound nnh, ~-' Kerr County Commisioners Court_ _ .,_. _ ___ 700 Main St Kerrville. TX 78028 (Owner).. in the Penal sum --- of Seven Hundred Fifty Thousand Six Hundred Eiqhty Six and 65/100-------------- f)OLLARS - IS75o 686.x5- _l, ~a~e bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, linnly by these prescuts: WHEREAS, the Principal did, on the. 20 .make and enter into a written contract with Owner for day o1- ~n~hich contract rs hcrchy refen'ed to and made a part hereof as full}~ and to be the same e=seat as if copied the length herein. NOW, AVHEREEORE, a condition of this obligation is such that, tf said Principal sh~dl pay all subcontractors ~utd suppliers furnishing labor, material, equipment and~or services to Principal or its subanttraclor -~ in the prosecution of the work provided for in said connact, then this obligation shall be void, otherwlsc to remain in full force and effect. The total amotintt of the snretv's liability under this band shall in no event exc'ccd the peas] sum hereof; - PR04'IDED, HOWEVER, that this bond is executed pursuant to and in strict performance with the provisions of Chapter 2213, Texas Ciovcnunmtt ('ode, as most recently amended. and all liabilities under this bond shall be determined ili accordance with the provisions of said Chuptcr to dte same extant as if it ~a~ere .. eupred at length herein. ID-1542 iTX) (3/04) • PAGE t of 2 IN WITNESS 1~'HFRGOF, the said Princi~~al and Scoot}~ hsve si~+ned and sealed this wstrument this ,. zatr~ _ _ day otJu~ zoos PRINCiP,4L: Lupe Rubio Construction Company Inc. SURETI': Developers Surety and Indemnity Company, Inc. Signature ~' Signature -~":i'_ ~°~.u.~~~1~N Cw~~C ~'~"'S` Robert James Nitsche, Attorney-in-Fact Name and Title Name and Title Phone Number ID ~ 542 (TX) (3/041 • PAGE 2 of 2 rovv'cr. or aTTORNEY FoR UEVELOI'ERS SURETY ANU INUEMNITV' CfIMPANY P(, HOX 19719. IRVINC.CA'ryh'__ 194'71 '_b?-1;nu wwlv.lnsm Dicn.usm ICN(1W ALL NIEN IlY' I Ii ESL PR LS LNTS_ Ihul except us cs pl'CS>IV Ilnuled D6V ELlIPe.R: SURLTI' AND INDGMNITI CT)MPA NY does hereby make, contilil4le and appoint-. **"Robert .lames Nitsche, Robert I<. Nitsche, David P. Ferguson, Violet Frosch, Nina K. Smith, Craig Parker, .~ jointly or severally*** ns i1f Inm unJ hnvlul Allurnry191-in-Fact m nnike, exenne-deliver and auk nowled~~c liu and ob hchxll'uFsa id corporation us sul'cI,Y. hoods. undcl ¢Ik ings :Ind cunlla¢IV of slu'Clyshlp greing and grnnl dtg auto fluid Aliualcyl ti)-in-Foci lilll power nnJ nut horny lu do and lu purRnm every nc! nuccn'sm}', mqursilc or proper In he dune in connection Ilmn'IVhh us the curpomGun could dn, hm Icecl'ring lu the corpnnilan Full power uF suhslinuioli unJ revocullun. and nil of Iha nets oFsaid Allurncyl nl m-R¢1. punu;ull lu Ihcsc plb4enls. w'v hcliby mtiflctl and canlirnmll. Thi:; Potver uFA Uanlcv i,v gnmmd and is signed by lucmmllC wulel ind by nulhonly ol'nhe tirllon'iug resolution ndupled by Iha Board of Directors n(DE:V LLOPERfi SURL:fI' AND INDL h1NITV CCIM PANY eltiulire ns of Nnvemhzl L'l 11111' R ESOU'I_D Ihal the Chiinnan nl the Bnald. the Dresielenl and mrv Vice Preausnl ul the cnquu'alion be, and Ihn1 Cid1 al them hereby iv, authulized In ~" exznue Pmval's ol'AUnlnzy. yunlify'mg the Aum nevi sl In-Poet named In the Pnmcrv nl Allm'nev W asecm¢, on hahull nl the nxporn lion. 6ouds. onderlak ingy and cool rucl,v nl 9nl vl~n~hip: ;Ind Ihni the Secl Clary nl' any A.vsisto nl Sac ruury of the cngxusruun hc. and each n! Ihern bcmby is. ant Ern iznl to aIlC,vl Ihz exattl~ion of any sucb Pa~ecl al Apnl ncV. -" RBSOLV ED. FLIRTIIER. Ihxl the tiipn;iul es of such nil iccl's may be nlliscd iu any such Puwvl' ol'AOUI'ncy ul' lu any ccllihculc relining IhcI CIO by l:a'simile, and any nnrh I'mver of Auurney ul' ecrlilicme hearing sucb I:ICaimile sien:nures shall he valid and binding upon the corporation when sa all ixnl ;uul in the Iu1 ul'c tvtlh m.apeel lu :my hood. undCl'lld:ing ul unallnel ol'uu'etyship to which it ix nlliehcd. ,,,~ IN WITNESS 1VIIL'R 6O k, UEV ELOPLRS SURLTI' AND INDF'N(NITY ~'(1M PA IJ I' h;e: cnusrd (hest pres<~nls In be s;gned by iLS respective &reculive Vice Pmsideul and nllzsled by iL: Secrelop• 16is Isl day nl tlClnhm: '_Illlt /_ ___. ) .~ f3y ~ ----QZ,r- ?5 . ~ OpP OR,yt•.:?s~ •c D:1 \'lal II. RhoJcs, E~cculien Vicz-Presitlenl y ; r' ~" ~.%_ ,... L~ ~ cw; OCT. <_ 10 °_ =o`: 1936 rOe B)~W;dlcr A. C7wvcll, Srcrt9uly O ~,*,n T sTATE OF CALIFORNIA 1 ISS C'UUNT1' [1F (1RANt.I: I On Oclobcu I. lUly, helin'e me, Diann I. Fumma. pervunolly' appe;u'ed Dnnid N. Rhudea';uul Waller A. C'I'mvell. pel'sonnlly known In me for proved IU nm un the basis ul salis loclnry evidinczl In be the pcreonrc Ivbosc names arc snhscl'ihed lu the within innlrumcnl ;uul nch nuwlCdgCd to Inc that Ihcy cx uculnl the '~ sons in Ilmir xw hnrizrd c:gmcilics. ;nut Ihal by Ihcir signuluRS nn the mslnnncnl the entity upon hchul l al which the pcranns acted, escculcd the inel anneal. bVITN ES> my Inuul and ullicial seal )) y r\ Y~ _. Oi0.NE J.IUWAiA ' O .. COMM. N 1334]96 I~~ '~ pp t-, ~ ~ "v~ _^ _ Notary Public - Gehlomla /y(.~rµ ~~M/~IC~ =~ 2~ ~.i ORANGE COUNTY ~ S lpnnlure ~ "~ - My Comm E.n'res JAN. B, zii6 crr.TlrlcATe The undeLVignCd. ns Senior Vll'1-Pl esidenl. Undenerhinp. ul DEVELOI'P RS 51 IRETY AtJD IN DFNINITI' COMPANY, does hereby eerlity Ihu1 the liucgm ng Puwcr ul Allnl'ncy remains' in lull Inln and has not been rcvnh ctl, and ILrfhcrnurcc, that fhc plnri,+iuns of Iha Icco7Mrnn ul fhc respa'livr Bum dv of Dircel m's of.+nid anpnratlnn set liplh iu the Power ul Alkn ncy. is in lorec ns ul the dole of Ibis C'eNilicale. Thin Cerlihc:ne iv execuleJ//ppia the City of h'vinc, Cnlifnmin, Ihv 2811'1 day of Jll1V ~n(15 _ [ly Wc+lcy W. Cowling 'rniol' VicrPnsidcnl. Undcnvli I ID-1414 (DSq (Rev. 111/1111 rnlPOliTan-r v~~TICF To obtain intormatimt or male: a complaint loo may call the Surety's Toll tree Celephone number t'or information or to make a complaint at: I-8110-75?-1>4fi 1 ou may also write w the Sm-et )' at: P.O. Bax 19725 h'vine, CA 9?623-9731 Yon may contact the Texas Department o1'Insu ranee h. obtain infm~mation on companies, coverage, rights or complaints at: 1-Rflll--?52-3x39 You mac write the'I'esas Deparhnent of huurance at: P.O. Rox 1491114 .4nstin, T\ 75714-91114 Fasts SI2-475-1771 PI2I;MI0~~4 UR CL_A1N DISPOTES: Should ymi have a dispute concerning your premium or about a claim you should contact the Surety tirsf. It the dispute is not resolved, you may contact the Texas Department of lnsarance. ~... ATTACH T[lIS NOTICE TO YOUR PULK'Y: This notice is i'ur infm~mation only and does nut become a part m' condition of the attached document. n~~ISa In~polrr.~NCe Para oblmmr infm~mncion o pxra someter una quc,j a: Listed puede Ilamar al numero do tclefunu gratis do pxra infm~macion n pare someter mm qucja ai: 1-5110-752-I 546 lasted tanbicn puede escribir a Surety at: P.U. Box 19725 Irvine CA 92623-9725 Pucde comunicarse con el Deparlamento de tieguros de Texas pare ohtener infm~mation accrca de companies, coberturas, derechos o qucjas al: 1-51111 ?52-3439 Pnede escribir al Uepartmento de Seguros de Texas BO. Box 1491114 .Austin, T:\ 7571401114 Faxk 512-475-1771 DISPUT AS SUBRF PR1DI.AS O RGCLAMUS: Si time una dispute conccrniente a su prima n a un redamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede enamces cmrumicm-rse con el departamento (TU11. L'N q ESTE AV ISO A SL POLIZA: )stc aviso es solo pxra proposito de int'ormacion y no se cons~erte enpartc u condicion del documento adjanto. t~, ,-~ ~nsc~~~o ~,~~~~,I Insco Insurance Services, Inc. Underwriting Manager for Developers Surety and Indemnity Company • Indemnity Company of California __ 17780 Fitch, Suite 200 Irvine, CA 92614 1-800-782-1546 ._ www.InscoDico.com ID-14114 (TXl 14/01) i ACORD,., CERTIFICATE OF LEABI LITY INSURANCE a8;os,o5°"Y"' PRDnucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FICATE RT . Insurance NelWOrk Of TeXas I ONLY AND CONFERS NO RIGHTS UPON THE CE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR -~- ~ 143 East Austin ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Giddings, TX 78942-3299 979 542J666 INSURERS AFFORDING COVERAGE NAIL # wsuaeD wsuRERA National American Insurance Company 23663 Lu pe Rubio Construction Co, Inc. wsuRER B 806 Dilley St INSURER O Kingstand, TX 78639-4232 INSURER D' ..,„, INSURER E uuvertt,oca THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO !HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR REMENT Y QU , I AN RE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCWSIONS AND CONDITIONS OF SUCH T TH AIN E I MAY PER POLICIES AGGREGATE LIMITS SHOVvN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PoLICV EFFECTIVE POLICY EXPIRATION ' LIMITS TYPE OF INSURANCE LTR NSR POUCV NUMBER DATE MMIDDM' DATE MNVDDM A GENERAL LIA81111Y MP1035942E 05129105 05129106 EACH OCCURRENCE $1 DDD ODD a oNTU ~ PMMC ES $100000 X COMMERCIAL GENERAL LIABILITY l nce L CLAIMS MADE ~ OCCUR MEO EXP (Any ane person) 85 OOD OD0 X PD Ded:1 PERSONAL SADV IwuRY $1000000 . GENERAL AGGREGATE $2 OOO OOD GEN'L AGGREGATE LIMIT APPLIEB PER' PRODUCTS-COMP/OP AGG $2 000.000 . POLICY PEP La A AUTOMOBILE LIABILITY AU1429342E 05129,05 05/29,06 COMBINED SINGLE LIMIT $1 000 000 X ANV AUTO (Ea accitlen[) , , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS H NON OWNED AUT0.S BODILY INJURY (Per acnder,t) $ - I - { II PROPERTY DAMAGE $ - - (Per accident) ITV G RAGE LIABI' 4 AUTO ONLY-EA ACCIDENT $ . r ~ I ZANY AUTO OTHER THAN EA ACG 5 `-7 AUTO ONLY' qGG 5 E% CESSUMBRELLA LIABILITY I EACH OCCURRENCE 5 F" ~ OCCUR ~ CLAIMS MADE AGGREGATE $ $ DEOUGTIeLE 5 n RRENTION $ $ A WORKERS COMPENSATION ANO NW1441342E 05!29105 05/29/06 WC GTATU- OTH- EMPLOVERS' LIABILItt E.L. EACH ACCIDENT $1 DOD OOO ANY PROPRIETORIPARTNER/IXECUTIVE 1 000 000 OFFlCER/MEMBER EXCLUDED? E.L OIEEASE-EA FMPLOYEE , , $ Ifyes tlesaibe under EL DISEASE-POLICY LIMIT $1,000,000 SPECIAL PROVISIONS Mlw+ OTHER DESCRIPTION OF OPERAT10N51 LOCATION51 VEHICLEB I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Kerr County Commissioner Court DATE THEREOF, THEISBUING INSURER WILL ENDEAVOR TO MAIL ~1_ DAYS WRITTEN 700 Main St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL Kerrville, TX 76026 IMPOSE NO OBLIGATION OR LIABILITY OFANY KINp UPON THE MSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEN~TAT`I~VE' ~ I~[%l~t-~--' ACORD 25 (2001 /DS) 1 of 2 #188420 085 ~ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certifcate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject fo the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifcate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certifcate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. artu ao t,~act wil''h Owner for __ _ Kerrville South Sanita rv Sewer Phase III ~arhich contract is hereby referred to and made a part hereof as fully and to be the same extent as if copied the ]math herein. NOW, ~~IHEREEORE, a condition of ll2is obligation is such that, if sand Principal shall pay all subcontractors and supp(icrs Garnishing labor, material, cyuipment andror services to Prinuipa! arils subconrract~~r °- in the proxcution of the work provided for in said contract, dron this obligation shall be void; othetl~rise to remain iu full force and effect The total amount of the snrety's liability under this band shall in no event exceed the penal sum hereof; PROy'IDER HOR'EVER, that this bond is executed ptrrsuam ro and in su~ict pertonnance «-ith the provisiuns of Chapter _'253, Texas Government Code, as most recently amended- and all liabilities tinder this band shall be determined in accordance with the provisions of said Chapter to flte same extent as if it were copied at fell nth herein. Bond No.; 563400P ID-154^ lTX) (3/04) • PAGE ~ of 2 IN Vc'ITNFSS WHEREOF, the said Princihal and Sureh~ have s[gned and sealed this mslnunent this _ 5th _ _ day orAugust ____ ___ ___, 2005 PR[NCIPnL. Lupo Rubio Construction Company, Ina SLIRETI'' Developers Sureq~ and Indemnity Company Jc~e_ G_~dah~P~ Ps~l~l~ a.~~ 1:~.~ Signature Signahu e .fir%-.~- ~..;~ ~+ e + tC~ f'ri-~;i`da-x[1 Robert JamesNitsche AttorneV-In-Fact Name and Title Name and Title _ 3~5 ~8~ Soo Phone Number to-t saz lTxl (3ioa7 • Pact= z or z In7PORT.aNT ~oTICE To obtain information or mahc a cromplainl: 1 ou nup° call the SureCy's toll free telephone number for infm-mation or to maFc a complaint at: I -81111-7 8 2-7 5 4G Yon may also write to the Surch° ac P.O. Box 1972.5 mine, CA 92623-9725 You may contact the 'Cexas Department of lnsm~ance to obtain information mi companies, coverage, rights or complaints at: I-800-252-3439 Yuu mac write the Texas Uepartment of Lnsnrance at: P.O. Box 149] U4 Austin, TV 7 8 71 4-91 0 4 fax# 512-475-1777 1'12EP7IUM OR CLAiM DISPUTES: Should von have a dispute concerning your premium m~ about a claim yon should contact the Sm~eh- first. If fhe dispute is not resolved, you ma}~ contact the Texas Depm-tmem of Insurance. ATTACH THIS NOTICE "PO YOUR POLICY: This notice is for information only and does not become a ~- parl: or cmndition of the attached document. nvlso rn~roRTANCE Para oMener information o pars sumeter una que,j e: Osted pnedc Ramer al mm~ero de telefuno gratis de Para information o pare somctcr una queja al: 1-800-782-7546 listed tanbien pucde escrihir a Surety at: ItO. Bax 19725 I mina C'A 92633-9725 Paede aununicarse con el Departamento de Seguros de 'Texas pare obten er information acerca de companies, coberCw•as, derechos o quejas al: 1 -8710--252-3439 Puede esa'ibir al Deparhn ento de Segmros de Texas 1'.O. Box 1491114 Austin, 'Ll" 78714-9104 Eaxa 512-a7s-1771 DISPU'C AS SOBRE PRIMAS O REC'LAMOS: Si time una dispute concm-niente a su prima u x un reclamo, debe commticarse con el Surety primero. Si no se resuelve la dispute, pnede entonces comunicarrse con el departamento (TDI). UN A ES'fE; AV ISO A SU POI,IZA: Este avian es solo pars propositu de in1'm~macion y no se convierte mtpmtc o condition del documento adjmtto. 41~C~ IIISCQ~ICO ~;i~l~,r_U„~ hiscolnsurance Services,lnc. Underwriting Manager for: -°• Developers Surety and Indemnity Company • Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 1-800-782-1546 www.InscoDico.com IU-14114 (TX) (4/01) POA4'GR OF ATTORNFI' FOR DEV/GLOPERS SU2GTY,4ND INDCMNITV COMPANI' PI16us 1~17r5. 112 V'INE_rA 9]n1; Irla `:I ~e:-;;ua :evvvc I nscoDlaacnm m hNl IA4' ALL NItN lit TH I:Sh I'R hS LKTS Ihul eycepl av c~:pra,+slv bowed. UBA%6U IPPRS .`; L'khTV' AND INDEMNITI' Cf)M PA NI' duty het el~y make, cnnslll Ole ;INI appullll *'"Robert James Nitsche, Robert I<. Nitsche, David P. Ferguson. Violet Frosch, Nina K. Smith, Craig Parker, -- jointly or severally*** _ u9 ILa li u~ and IuroFtd Allnrncyls l-m-FucL lu make cvcculc. Jdi~'cr Ilud ;IClbinwlcd^c. (ur :rod nn bchall of vaiJ cuipnreliun as vw cty. L onJs, andcrC~k ings and cunll'OCts a Sufrl A'ship glVing tlnd elunlm_L' unto said Alul'nc)gF -In-FaC full hmvCf Doll aulhul'ily In du ulld In hcliilrm CvCrY act ncccss;lly. 2tln i9ilC ur hl'uhcl' lu he done in conucclinn Ihcroleilh av the a:gronlliun could du. hw nsn'ving n: the un'pofm iou lidl powor nl suhslhuian :nut Yevoenlion. and all of the aciv' of mid Auumcv(e 1-io- Fael. purvnam m Ihcec pruscros_ ore hn chV' Iuuhcd and nmllnncd- ThIK Prover nl Anarnov is '!famed :rod h vlened by Ihceun do undcf iunl by uulhol ilr ullhe lullowing resnl ulion adopted by the l3nuld ul Directors ni DHVELUPERS SI IR ETI'AND INDP NiN ITI'COM PANI'eDecllve :u of Nneemhcl I 'NIIU. RE$I)LV FD Ihm the Chnlrman ul the L4o;u d, the Pl caalem and nny Vice President ul the coipnrnllon he and Ihul each of Them heI'eby i>. mnhorized In >r execute Pmvn. of {vtWmCy, yunlfyine the Atlomeyl sl-In Rsl named m the Pnwerp of Almrnev to eseaue. un behalf ol'Ihe corporminn, bondn, undertakings and unnll'u US of Wlull'Vhlh' and Ihu the ScCI'Cta l'1' OI' nny Avsi>:10 CcCrclap' n fIC Cul'hnl'alNn hc. Ilnd CnCh O' hClll hCICh}~ Ls, a:1111ufizCd lu a:c51 Ih[ CXCCnllnn oh :my such Pawel' 07 Allnrnev R CSIIUfF D, FURTI IFR. Ihul [he sgnulu res of wuh nFOeers may he ulli,c ed la any such Pulver of AI¢tuaey ul lu any ecrliliutle I'elaling Ihel'eta by m (acsiml0. and unV such Power oFA UOI ncy uI ctrl flcatc hearing such hlee intilc siunulurce shall he enlhl and h'uuling upon the corpnl ulion when so allixed and In the fiuurc o'tlh nspccl In ;my bond, unda'la Fine nr conmtcl nl Yu rolyshlp lu which It Id attached. IN WITNESS WHER hOF DEV ELn I'8 R5 SIJRETT ANP INDENINITI' COMPANY ha a~ cauaed Ihe,ac presto Ls In he pgnrd by ItH respective Execullve Vlce ~~ Pllsldenl :Ind olltslPd h\' its ScClclafv Ihls GI daV nl l ICIUI~e I'. '1111 ~ ~ -_ ,,~tV ,AND • ,,~ R 0 ... .. I3y r _ = oJ; `pgP 0 4 Dmad I I. Rhodes. Fneaaice Vice-Pre.videnl r h : OAT. ``-w. _ `-o+ 1936 =, ~`. ay * . ~~-----'~ ~ 10 V„aIICI A. Crowell. tics rclaiy •~ ~~~ STATE OP C'ALIH IRNIA ) )S S. ~~ COLINTI'OF (1RA Nt11- 1 On Uclnhcl I. ]OOI, helixe me, Drone I. Ivto'um, pefsnnnlly appeu red Duvld I-I. Rhodes and AUaher A Crowelh personally knmvn In ore Im" proved lu me un the hueis ul salisfia-lory evldeneel In he the persons whose names :u'e su h.vetibed m the within iasu'umenl anJ uel.nowledged lu me Ihul Ihey execulttl the ~^' sunm in Ihcir Intl harizcd eapncilics. and Ihal My Ihen">ign:uures nn the insl nunent the cmily upon hch:dl of which the persons uUcd, cxcculcd the invlrumrnl. WITNESS my baud and nfl~icinl seal r~ y ._ DIANE J. KAWATA p COMM. U 1334]4fi ~ • ^1b _~ Nolery Publlc " Calilornia ~~ ~~ 0 '~\/ /,y.,~~~ S ~''?~ ORANGE COUNTY ~ p Y" SmnalurB ~ ~-~ My Comm Expires JAN. B. 20x6 " CERTIFICATE The undn.I~~ucd, us Seniai' Vlec-Previdenl. Undenrlidn ~ ul DEV ELO P[RS 3UIdET1' AND INDEMNITY IOMPAN V. Jaen hci chy ecrtily tluN the lin'cpong Power of AIIUI'ncv I'cmainy In full fon< and has nnl been nrol:cd, lord fu ether nun c, Ihul the pIm'ismn:: ol'the raulullon of the nepcelivc Bnurdti of -~ Di roclors of said urrpnminn set Inrlh In the Pnwr~ of Aurnney, LG In lone ns ol'Ihe dote nl Ihi= ( erli lien le_ This Ccrlt llculc Is exeuuled in the lily nl In'hrc. / uldul'rt m, the Sf-l. dey ul __ AllQll6t Z~~Jr Wcslcy W Cuwlina 'cnua' Vlco-Presldcnl. Undcre'I'I I , IG IJ :hID5111 Rex III/Ili) ~,`~~',~ INSCO INSURANCE SERVICES, WG. ~~~~ Underwnting Mansger for: ~~C© Developers Surety and Indemnity Company '~'[~i°IZr1f,=' indemnify Company of California 1780 Filch. Sw[e 200 • Irvine, California 52614 - (8001 782-1546 www.InscoDico.com (P1iRFORMANCI~ B(JNll - Ti:XAS PUBLIC W~tRI<) PF,,RFORMANCE BONII Bond No.: 563400P ,_ KNOW ALL PERSONS S1' THESE PRESENTS: That we, Wpe Rubio Construction Company Ina (Contractur), ati Print-ipal, and Developers Surety and Indemnity Company _ .___ as Surety, are held 'and finely bound unto Kerr County Commissioners Court _ goo Main St Kerrville. Tx 78028 f Owner), as Obligee, in the penal stub of Fifty Five Thousand Two Hundred Twelve and 00/100---------------- i>OLL.4RS 1$55.2tzoo-------------- I. la~~~fu] money of the United States ofAmerrca. for the payment of which, well and Truly to be made, we bind ourselves, oar heirs. executors, admhustrators. successors and assigns, jointly and severa]ly, finely by these presents. WHEREAS. said Contractor. Principal herein, has, by written agreement dated ,entered intu a contt'actwith Owner for _ __ Kerrville South Sanitary Sewer Phase III m accordance with drawings and specifications prepared by Tetra Tech. Inc. 501 Soledad San Antonio, TX 78205 which contract is by reference made a parr hereof, and is hereafter referred to as the. "Contract". NOW,'F1iEREFORE, acondition of this obligation is such that if the Contractor shall faithfully perform the work contracted to be pcl-fomled and comply with all provisions of the Contract, with the exception of any contractual obligation requiringpaymenf of Contractor's subcontractors and suppliers, then this obligation sha(I be void; otherwise to remain in lull force and effect. The total amount of the surety°s Liability under this bond shall in no event exceed the penal sum hereof. PROVIDED, HOWEVER, This bond is executed pursuant to and in conformance with the provisions of Chapter 2_53, Texas Government Code, as most recently amended, and all liahilities under thin bond shall be determined in accordance with the. prm~isions of said Chapter' to the same extent as if it were copied at length herein. 1~~o right of action or recovery shall accrue hereunder to or for the use of any person or entity other than file Owner named herein, its heirs, executors, administrators or successors. to teal ~rx1 r3 oaf • Pace t or z IN WITNESS WI-It3RE~)F. the said Principal and Stuety have signed and sealed this instruniaut the 5ti, day ol'qugust _ 2005 _ - PItlNCIPAL: Lupe Rubio Construction Company, Inc. ~<<~ c~~coc~al~~ c IZ~~b~~- ay: S~~_ c>~~clR I~~Pe ~~,b~ Title ~I`e S~C{eait SURETY: Developers S9urety~and Indemnit~Comoarn~ Robert James Nlisc ~AYLOIllCy-llt-Ic~iCt ) ID-1541 fTY,) (3104) • PAGE 2 of 2 1NIPORT.AN7~ NU'I'ICE Tu obtain information or make a complaint: AVISO 1n4PURTANCE Para uhtener information a pars sumeter uua yucja: Yon may call the Sureh''s toll free telephmte mm~ber Usted puede ^amar aI numero de telefuno gratis de fur infonmttinn or to make a cotnplainl at pars information n para sumeter mta gncja nl: 1-R(111-782-1546 \ou map also write to the Sureh~ at: P.O. Box 19725 Irvine. CA 92623-9725 1ou map contact the'fesas llepartment of Insurance to obtain infnrmatimt on companies, coverage, rights nr complaints at: 1-800-252-3439 \ou may write the Texas Department of Ltsm~ance at P.O. Buz 1491 U4 Austin, Tw 78714-9104 Pax# 512-475-1773 I'f2EM1LIlA1 OR CLA1M DISPUTES: Should von have "'" a dispute cmtcerning pour premium or abort x claim yon shunld contact the Surety first If the dispute is not resuh•ed, you map contact the Texas Uepartment „~ of Ltsurance. ATTACH TIllS NOTICE TO POUR POL1CY: This notice is for information ratty and does not become a '°' part or cmtditim~ of the attached document. 1-81111-7 8?-1546 listed tanhien puede escribir a Sm~ety at: RO. Rox 19721 h~vinc, CA 92(523-9725 Puede cmnunicarse con el Uepm-tamenrzt de Seguros de Texas para obtener information acerca do companias, rnbertw~xs, derechus u quejas al: 1-80(1-252-3439 Puede escribir al Departmento de Seguros de Texas l'.O. Sox 149104 Austin, TN 78 71 4-91 04 Fax# 512-47_5-1771 UISPPT AS SOBRE PRIMAS O RECf,AMOS: Si time nna disputa concerniente a su prima u a un reclamq debe comunicarse con el Surety primero. Si no se resnelve la disputa, puede enforces connmicarrse rnn el departamento (TDI). UN A ESTE AV1SO A SL PUL1Z_4: Este xvisu es solo para propusito de information y no sc convierte enpartc o cmtdicion del documento ad,juntn. ~, _~~ Ir'15Cf~ICO r~~ ~ ~,a Insco Insurance Services, Inc. Underwriting Managerfor '° Developers Surety and Indemnity Company • Indemnity Company of California 17780 Fitch. Suite 200 Irvine, CA 92614 1-800-782-1546 www.InscoDico.com ma4o4 ~Txj 14mn FO~~'GR OP ATTORNRI' FOR UGVELOPf RS SURETY' AND INDEMNITI' COMPANI' rntiox In715 IRVINE.I'A'I'n]3 14a'It~ln-;:nn mww.lnscnDiul.COm ti I Sen'elap~ Ihls Isl duY of r Icluhel'. '_(1119 ~ -_ l I ~ ;~'Q,F.~;.,AND rHO~, L9y~ ;: OJ,:~ORP DRgr•. ~ David Ii. Rlurdes. I:neculice Vice-President b F~~: a°n / ?w ~~ OCT. t<_ // :o,_ 1D gin= .'" /( %~~; 1936 :~D Bj.. n -/wyb o ~..*. ~. Waller A. Cnnv Cll. See rotary . ,m STATE (lp t~A LI Fr)It NIA 1 ISS C'OUNT1'OFORANGI: I On Ocmhcl L?Illll, he fort me, Dlune I. ha,vma, peeannully appealed Davit I I. Rhodes and Waller A. Cnnvell. personally known In mr for proved In me on the hnsls nl salis fLclnry cvidnscl In br the pclvnn+ who.c names nIe sub.crihcd to IhC o'ilhin insb unanl ant ncl:nu+v lcdgcJ to nu• Ihla Ihcy cxccumJ ihC °° sa ale in Iheil' uulhorizeJ c:pumilies, ;uul Iha1 by Ihcir sipnulure. on the instrunxnl the enlily upon hchall ol'whlch the penom acted, executed the insnvlnenl. \\'ITN GRS my hand and ofllciul uul ) - - - _ y DIANE J. KAWATA ~ COMM. N 1336146 I' ./ ~,, ~ ~ Ir/ryq _ N Iary PUbI'c ~ Calilornia ~ s Sl~~ll:lllll'C L ~Y-A ~YV"1~~ ~j 4~n-~ ORANGE COUNTY ~ v MV Comm Exp res JAN.&2006 crltnFlcnT~ The undcLiencd. :u Seniol Vice-Pre.idenL Undenvnunp. of DhV [LUP[RS SURGT\' AND IN GEMNIT\' C'UA4 PA N}', does hereby Cerllly Ihul the Inre miming Pnwa of Allnnlcy rclnulns In lull force unJ ha_s ram been revoked. and lust hcrnuuc. Ihal the pen vision of the Icsulnllun of the respcclivc Buu ul.v ul' " Diledms of said aiI'pol'atiou +el ~oI'Ih in the Pomcr n Allnmcy. is In littee ns ul'Ihe dine u(Ihls r_erld lcalc. ThL C'elGlicnle iv et cc Wed n Ihcr itv nl h'vine. r'a I'dbrn iu, ILe $t~--Jay nl' AllRll6t _ 205 Wevlcy W Ca+vling ~'cniut' Vicu Pl esidcnt. Undcnvrl I a ID-1AlN 1DSII (Rev. Iu/1121 Client//: 43856 LUPERUB ~- ACORD,M CERTIFICATE OF LIABILITY INSURANCE o8/05/OSDnvvYl PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance NetWOrk of Texas ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE --- 143 East Austin HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Gitldings, TX 78942-3298 979 542~7666 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A~. National American Insurance Company 23663 Lu pe Rublo Construction Co., Inc. INSURER B: 806 Dilley SL INSURER C Kirtgstand, TX 78639-4232 wsuRER D. INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED IJAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT Oft OTHER DOCUMENT IMTH RESPECT TO WHICH THIS CER71F1CATE MAY BE ISSUED OR MAY PERTAIN, SHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED HY PAID CLAIMS. LTR NSR TYPE OF INSURgNCE POLICY NUMBER POLICY EFFECTIVE DATE MMIODM' POLICY EXPIRATION DATE MMIDpM' LIMITS A cENERAUweaITY MP7035942E 05/29/D5 OSl29I06 EACH OCCURRENCE s1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PR I ES Ea oc «ence sI DO OOO CLAIMS MADE ~ OCCUR MED EXP (Any one person/ $5 ODD X PD Ded:1 000 PERSONAL 8 ADV INJURY $1 OOD DOO GENERAL AGGREGATE $2 D00 ODD GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/po AGG $2000 OOD POLICY jEd LOC A AU TOMOBILE LLIBILITY AU1429342E D5/29/D5 D5/29106 X COMBINED SINGLE LIMIT (Ea acciden $1 000 000 ANY AUTO q , , ALl OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AVTOG X BODILY INJURY (Pe acndeM 5 NON-0WNED AUTOS r ) P I ROPERTY DAMAGE $ (Perammenq I GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO I OTHERTHAN cAACC S AVTO ONLY' AGG $ ESCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ^ CLAIMS MADE AGGREGATE $ 5 DEDUCTIBLE + $ RETENTION $ b A WORKERS COMPENSATION AND EMPLOVER$' LI ILIT NW7441342E 05!29105 05/29106 IM: STgTU- O7Fr AB Y ANV PROPRIETOR/PARTNEft/EXECUTIVE EL EACH ACCIDENT 51 DDD OOO OFRCER/MEMBER E%CLUDEDp I' es describe under E.L. DISEASE EA EMPLOYEE $1,OOD,000 y , SPECIAL PROVISIONS lcbw EL pISEASE-POLICY LIMIT 51,000,OOD OTHER DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ,q VMlcnuwon ~.. ACORD 25 (2001/08) 1 of 2 SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Kerr County Commissioner Court DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _1.D_ pAYS WRITTEN 700 Main St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FgILV RE TO DO 50 SHALL Kerrville, TX 78026 IMPOSE NO OBLIGATION OR LIABILITY OF qNY KIND UPON THE INSURER, ITS AGENTS OR REPREBENTATNEB. gUTHOR¢ED REPRESENpTATI~VE' ~ ~~iitiL~l~in--C_- #788420 Og5 O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poficy(ies} must be endorsed. A statement on this certifcate does not confer rights to the certificate holder in lieu of such endorsement(s). It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or produxr, and the certifcate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies Listed thereon. ~RD 25-5 (2001108) 2 of 2 #168420 TCDP GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION CONTRACT 1 Contract and Contract Documents a) The project to be constructed pursuant to this contract will be financed with assistance from the Texas Community Development Program (TCDP) and is subject to all applicable Federal, State, and local laws and regulations. ,~ b) The Plans, Specifications and Addenda, shall form part of this contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. 2. Definitions Whenever used in any of the contract Documents, the following meanings shall be given to the terms here in defined: a) The term "Contract" means the Contract executed between Kerr County, hereinafter called the Locality and (Name of Construction Co.), hereinafter called Contractor, of which these GENERAL CONDITIONS, form a part. b) The term "Project Area" means the area within which are the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract. c) The term "Engineer" means Tetra Tech, Inc., Engineer in charge, serving the Locality with architectural or engineering services, his successor, or any other person or persons, employed by the Locality for the purpose of directing or having in charge the work "" embraced in this Contract. d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings). 3. Supervision by Contractor a) Except where the Contractor is an individual and gives his personal supervision to the .._ work, the Contractor shall provide a competent superintendent, satisfactory to the Local Public Agency and the Engineer, on the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his work. b) The Contractor shall lay out his own work and he shall be responsible for all work executed by him under the Contract. He shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so. 4. Subcontracts a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to pertorm any work included in this contract until he has verified the -- subcontractor(s) as eligible to participate in federally funded contracts. b) No proposed subcontractor shall be disapproved by the city/county except for cause. c) The Contractor shall be as fully responsible to the city/county for the acts and omissions of his subcontractor(s) and of persons either directly or indirectly employed by them. d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work and required compliance by each subcontractor with the applicable provisions of the Contract. e) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the Locality. 5. Fitting and Coordination of Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract. 6. Pavments to Contractor a) Partial Payments The Contractor shall prepare his requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) ten percent (10%) of the total amount, to be retained until final payment and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer. Monthly or partial payments made by the Locality to the Contractor are moneys advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Locality. Such payments shall not constitute a waiver of the right of the Locality to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Locality in all details. b) Final Payment After final inspection and acceptance by the Locality of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the Agreement. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. The Locality before paying the final estimate, shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the Locality deems it necessary in order to protect its interest. The Locality may, if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract. • Any amount due the Locality under Liquidated Damages, shall be deducted from the final payment due the contractor. c) Payments Subject to Submission of Certificates Each payment to the Contractor from the Locality is subject to submission of all written certifications required of the Contractor and his subcontractors. d) Withholding Payments The Locality may withhold from any payment due the Contractor whatever is deemed necessary to protect the Locality, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the ._ benefit of the Locality and will not require the Locality to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Locality elects to do so. The failure or refusal of the Locality to withhold any moneys from the Contractor shall in no way "' impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. 7. Chances in the Work a) The Locality may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any of '"" his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by the TCDP staff prior to execution of same. °° b) Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Locality authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered. c) If applicable unit prices are contained in the Agreement, the Locality may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent (18%) for counties or twenty-five percent (25%) for cities. d) Each change order shall include in its final form •-- A detailed description of the change in the work. • The Contractor's proposal (if any) or a confirmed copy thereof. • A definite statement as to the resulting change in the contract price and/or time. • The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract. 8. Claims for Extra Cost a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Locality, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. b) Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued. c) Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall be reported at once to the Locality and work shall not proceed except at the Contractor's risk, until written instructions have been received by him from the Locality. d) If, on the basis of the available evidence, the Locality determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed. 9. Termination Delavs and Liquidated Damages a) Right of the Locality to Terminate Contract. In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Locality may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the reasons for such intention to terminate the contract, and unless such violation or delay shall cease and satisfactory arrangement of correction be made within ten days, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Locality shall immediately serve notice thereof upon the Surety and the Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Locality may take over the work and complete the project by bid/contract or by force account at the expense of the Contractor and his Surety shall be liable to the Locality for any excess cost incurred. In such event the Locality may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. b) Liquidated Damages for Delays. If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the Locality as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of ($ 500.00 ) for each calendar day of delay, until the work is completed. The Contractor and his sureties shall be liable to the Locality for the amount thereof. c) Excusable Delays • The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to: Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any ,,,, other national emergency; Any acts of the Locality; • Causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Locality, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions. Provided, however, that the Contractor promptly notifies the Locality within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the Locality shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the Locality shall extend the time for completing the work fora period of time commensurate with the period of excusable delay. 10. Assignment or Novation The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Locality; provided, however, that assignments to banks or other financial institutions may be made without the consent of the Locality. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment "° supplied for the performance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services of supplying such materials, tools, or equipment. 11. Disputes a) All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR STANDARDS PROVISIONS whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall, within ten (10) days of commencement of the dispute, be presented by the Contractor to the Locality for decision. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt of the Locality. b) The Contractor shall submit in detail his claim and his proof thereof c) If the Contractor does not agree with any decision of the Locality, he shall in no case allow the dispute to delay the work but shall notify the Locality promptly that he is proceeding with the work under protest. 12. Technical Specifications and Drawings Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to the Locality, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. 13. Shop Drawinos a) All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the Engineer in five {~ copies for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking if necessary. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc. until they are approved and no claim, by the Contractor, for extension of the contract time shall be granted by reason of his failure in this respect. b) Any drawings submitted without the Contractor's stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of contract price and/or time, otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract even though the drawings have been approved. c) If a shop drawing is in accordance with the contract or involves only a minor adjustment in the interest of the Locality not involving a change in contract price or time; the engineer may approve the drawing. The approval shall not relieve the Contractor from his responsibility for adherence to the contract or for any error in the drawing. 14. Requests for Supplementary Information It shall be the responsibility of the Contractor to make timely requests of the Locality for any additional information not already in his possession which should be furnished by the Locality under the terms of this Contract, and which he will require in the planning and execution of the work. Such requests may be submitted from time to time as the need approaches, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply fully with the provision of this section. 15. Materials and Workmanship a) Unless otherwise specifically provided for in the technical specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the technical specifications as "equal to" any particular standard, the Engineer shall decide the question of equality. b) The Contractor shall furnish to the Locality for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment. which he contemplates installing together with full information as to type, pertormance characteristics, and all other pertinent information as required, and shall likewise submit for approval full information concerning all other materials or articles which he proposes to incorporate. c) Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejection. d) Materials specified by reference to the number or symbol of a specific standard, shall --. comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in the technical specifications shall have full force and effect as though printed therein. e) The Locality may require the Contractor to dismiss from the work such employee or employees as the Locality or the Engineer may deem incompetent, or careless, or -« insubordinate. 16. Samoles. Certificates and Tests ~~ a) The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the contract documents or required by the Engineer, promptly after award of the contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the ~' contract time. b) Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate or letter from the Contractor shall state that the sample complies with contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Engineer in making a prompt decision regarding the acceptability of the sample. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. c) Approval of any materials shall be general only and shall not constitute a waiver of the Locality's right to demand full compliance with Contract requirements. After actual deliveries, the Engineer will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, -- equipment or accessories which fail to meet check tests have been incorporated in the work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. d) Except as otherwise specifically stated in the Contract, the costs of sampling and testing will be divided as follows: • The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Engineer; The Contractor shall assume all costs of re-testing materials which fail to meet contract requirements; • The Contractor shah assume all costs of testing materials offered in substitution for those found deficient; • The Locality will pay all other expenses. 17. Permits and Codes a) The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the drawings and technical specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Locality. Where the requirements of the drawings and technical specifications fail to comply with such applicable ordinances or codes, the Locality will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices. b) Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers {notwithstanding the fact that such installation is in compliance with the drawings and technical specifications), the Contractor shall remove such work without cost to the Locality. c) The Contractor shall ai his own expense, secure and pay for all permits for street pavement, sidewalks, shed, removal of abandoned water taps, sealing of house connection drains, pavement cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the local regulatory body or any of its agencies. d) The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or connected with the Improvements contained in this Contract. e) The Contractor will be required to make arrangements for and pay the water, electrical power, or any other utilities required during construction. f) During construction of this project, the Contractor shall use every means possible to control the amount of dust created by construction. Prior to the close of a day's work, the Contractor, if directed by the Locality, shall moisten the bank and surrounding area to prevent a dusty condition. 18. Care of Work a) The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. b) The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays, and holidays: from the time the work is commenced until ~~ final completion and acceptance. c) In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the Locality is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the Locality. d) The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations. e) The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements included in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any --- adjoining or adjacent property Locality or other party before the commencement of any work. The Contractor shall indemnify and save harmless the Locality from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the Locality may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. 19. Accident Prevention a) No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. b) The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. c) The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall -- promptly furnish the Locality with reports concerning these matters. d) The Contractor shall indemnify and save harmless the Locality from any claims for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. -- e) The Contractor shall provide trench safety for all excavations more than five feet deep prior to excavation. House Bill 1569 concerning trench safety legislation are made a part of these contract documents for Contractor's reference. All OSHA Standards for trench safety must be adhered to by the Contractor. f) The Contractor shall at alt time conduct his work in such a manner as to insure the least possible inconvenience to vehicular and pedestrian traffic. At the close of the work each -- day, all streets where possible in the opinion of the city/county, shall be opened to the public in order that persons living in the area may have access to their homes or businesses by the use of the streefs. Barricades, warning signs, and necessary lighting shall be provided to the satisfaction of the Locality at the expense of the Contractor. 20. Sanitary Facilities The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. 21. Use of Premises a) The Contractor shall confine his equipment, storage of materials, and construction operations to the contract limits as shown on the drawings and as prescribed by ordinances or permits, or as may be desired by the Locality, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment. b) The Contractor shall comply with all reasonable instructions of the Locality and all existing state and Iota! regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. 22. Removal of Debris Cleaning Etc. The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights of way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for work, and put the whole site of the work and public rights of way in a neat and clean condition. 23. Inspection a) All materials and workmanship shall be subject to inspection, examination, or test by the Locality and Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction occurs. The Locality shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shalt be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Locality may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any Monies which may be due the Contractor, without prejudice to any other rights or remedies of the Locality. b) The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the Locality will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the technical specifications. c) The Contractor shall notify the Locality sufficiently in advance of back filling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Locality, the Contractor shall uncover for inspection and recover such facilities at his own expense, when so requested by the Locality. d) Should it be considered necessary or advisable by the Locality at any time before final acceptance of the entire work to make an examination of work already completed by - uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall - defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire - Contract has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. -- e) Inspection of materials and appurtenances to be incorporated in the improvements included in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the technical specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole -- or in part will be made at the Project Site. f) Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Locality or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished or work pertormed not in strict accordance with the Contract. 24. Review By Localit The Locality and its authorized representatives and agents shall have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Locality through its authorized representatives or agents. 25. Final Insoection When the Improvements included in this Contract are substantially completed, the Contractor - shall notify the Locality in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Locality will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as -- is practicable. 26. Deduction for Uncorrected Work p' If the Locality deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the Locality and subject to settlement, in - case of dispute, as herein provided. 27. Insurance a) The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Locality. b} Compensation insurance: The Contractor shall procure and shall maintain during the life of this contract Worker's Compensation Insurance as required by the State of Texas for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Worker's Compensation Insurance. c) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shat! procure and maintain during the life of this contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the following amounts: (500 000), (500 000), and ( 500 000). d) Proof of Insurance: The Contractor shall furnish the Locality with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially alfered, except after ten (10) days written notice has been received by the Locality." 28. Warranty of Title No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed by him to the Locality free from any claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement or appurtenance. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any law permitting such persons to look to funds due the Contractor in the hands of the Locality. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. 29. Warranty of Workmanship and Materials Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements included in this Contract by the Locality or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of twelve (12} months from the date of final acceptance of the work. 30. Compliance with Air and Water Acts a) In compliance with the Clean Air Act. as amended, 41 U.S.C. Sec. 7401 et. seq.; and the regulations of the Environmental Protection Agency with respect thereto, the Contractor agrees that: • Any facility to be utilized in the pertormance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR ,~ 15.20. • He will comply with all requirements of Section 114 of the Clean Air Act, as amended. • Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. b) If the Contractor encounters existing material on sites owned or controlled by the city/county or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Engineer and the Locality. The Locality will be responsible for testing for and removal or disposition of hazardous materials on sites owned or controlled by the Locality. The Locality may suspend the work, wholly or in part during the testing, removal or dispostion of hazardous materials on sites owned or controlled by the Locality. 31. Equal Emolovment Ooportunit a) The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or ~. termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Locality. "` b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d) The goals and timetables for minority and female participation, are as follows: Goals for Minority Participation Goals for Female Participation 49.4% for Each Trade 6.9% in Each Trade e) These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally assisted) performed in the covered area. -.- f) The Contractor shall take affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. ~` g) Contractors are encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. h) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. j) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts. k) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. 32. Affirmative Action for Handicapped Workers The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 33. Section 109 of the Housing and Communitv Development Act of 1974 No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 34. The Provision of Local Training Emplovment and Business Opportunities a) To the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b) The Contractor will include this clause in every subcontract for work in connection with the project. 35. Non Segregated Facilities The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees any segregated facilities at any of his establishments, or permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. 36. Job Offices a) The Contractor and his subcontractors may maintain such office and storage facilities on the site as are necessary for the proper conduct of the work. These shall be located so as to cause no interterence to any work to be performed on the site. The Locality shall be consulted with regard to locations. b) Upon completion of the improvements, or as directed by the Locality, the Contractors shall remove all such temporary structures and facilities from the site. and leave the site of the work in the condition required by the Contract. 37. Partial Use of Site Improvements a) The Locality may give notice to the Contractor and place in use those sections of the improvements which have been completed, inspected and can be accepted as complying with the technical specifications and if in its opinion, each such section is reasonably safe, fit, and convenient for the use and accommodation for which it was intended, provided: ~° b) The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. ._ c) The Contractor shall not be responsible for any damages or maintenance costs due directly to the use of such sections. d) The period of guarantee stipulated in the Section 29 hereof shall not begin to run until the °- date of the final acceptance of all work which the Contractor is required to construct under this Contract. 38. Contract Documents and Drawinas The Local Public Agency will furnish the Contractor without charge three (3) copies of the Contract Documents, including Technical Specifications and Drawings. Additional copies '~ requested by the Contractor will be furnished at cost. 39. Contract Period The work to be performed under this contract shall commence within the time stipulated by the Locality in the Notice to Proceed, and shall be fully completed within two hundred seventy ( 270 )calendar days thereafter. 40. Liquidated Damaaes Since the actual damages for any delay in completion of the work under this contract are impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the Locality the sum of Five Hundred Dollars ( 500.00) as fixed, agreed and liquidated damages for each calendar day of delay from the above stipulated time for completion. GENER.A? WAGE DECISION TX 3$ MOD 3 cafe: Apra! 8, 20Q5 State Texas <-- Construction Types: HE4VY & HIGHWAY Counties: Aransas. AYascosa, Austin, Bandera, Bastrop, Bee, Blanco, Burnet, Caldwell, Calhoun, Cclorado, De Witt, Fayette, Frio, Gillespie, Goiiad, Gonzales, Jackson, Jlm Wells, Karnes, Kendall, Kerr, Kleberg, Lavaca, Lee, Live Oak, Llano, Mason.. Matagorda. Medina, Refugio, Wharton and Wilson Heavy (excluding tunnels and damsi and Highway' Construction Projects. SUT.~?005-008 01.'~ 0/2005 Asphalt Distributor Operator...... .. Asphalt Paving Machine Operator... ...... Asphalt Raker ................. Asphalt Shoveler ............... Broom or Sweeper Operator...... Bulldozer Operator ............. Carpenter _............_..... Concrete Finisher, Paving.. _.. ° Concrete Finisher, Structures. Concrete Rubber ................ Crane, Clamshell, 5ackhoe, Derrick, Cragline, Shovel Operator ._ Flogger .......... .......... Form Builder/Setter, Structures... ..... Form Setter, Paving & Curb..... Foundation Driil Operator, Truck Mounted ...... ...... "` Front End Loader Operator_ ............... Laborer, Common ............. Laborer. Utility ....................... -. Mechanic ....................... Motor Grader Operator, Fine Grade.. .......... Motor Grader Operator, Rough ... .......... Pavement Marking Machine Operator..... . "` Pipelayer .... ............... Roller Operator, Pneumatic, Self-Prcpelled..._.._. Roller Operator, Steel Wheel, Flat Wheel/Tamping........ .. Roller Operator, Steel Wheel, Plant Mix Pavement.... ..._. Scraper Operator .............. Servicer ....................... Spreader Box Operator.......... Traveling Nlixer Operator .... Truck Driver Tandem Axle, Semi-Trailer .._ ....... Truck driver, Lowboy-Float.... •- Truck driver, Single Axle, Heavy . _.. .... . Truck driver. Single Axle, Light.. ... .. ... Work 'one Barricade Servicer .... .. ... Rates Fringes $ 12.57 $ 11.60 $ 1G.63 $ 9.23 $ 9.3~ $ 11.69 $ 11.70 $1164 $ 10.23 $ 9 00 $ 12.00 S 8.60 S 10.51 $ 9 48 $ 14.58 51062 $ 8.9 i `;; 9.21 $ 1y.18 $ 15 15 $ 1295 $ 13.32 $ 971 $ 8.90 S 9 30 $ 10.59 $ 9.85 $ 11 18 $1300 ~, x..67 $1005 $ 13.70 $'.G87 ~ i 0 85 $ 9.63 w.. WELDERS -Receive rate prescribed or craft performing operation to which welding is inC,dental. -- ---------------------------------------------------- -- --- -------------------------------------------------- END OF GENERAL DECISION -xis, r,oo s ~~?,^ucs Copelnnd ~ cr Kegu]atio~as FEDERAL LABOR STANDARDS PROVISIONS The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Acf of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between fhe contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classifcation of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. {ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage rate and fringe benefits therefore only when the following criteria have been met. (1) The work to be pertormed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall 7-55 be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of an laborer or mechanic the ameunt of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program, (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract, in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Acf of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees fo whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3, (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates or contributions or costs anticipated for bona fide fringe benefits or cash equivalents there of the types described in Section 1(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates proscribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1275-0017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if fhe agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a}(3)(ij. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-0014-1 ), U. S. Government Printing Office, Washington, D.C. 20402. The 56 7 prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149}. {b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and Trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less Phan the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certifcation set forth on the reverse side of Opfiona( Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii}(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor steal( make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at least than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration. Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency {where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall 6e paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate} specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classifcation. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the 57 7 Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at least than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. bepartment of Labor, Employment and Training Administration. the ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually pertormed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunify requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the David-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10, (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded Government contracts by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions', provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the 58 7 same to be false... shall be fined not more than $5,000 or imprisoned no'. more than two years, or both." 11. Complaints. Aroceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act, As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not Less than one and one-half times the basic rate of pay for all hours worked in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work pertormed by the contractor with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 151 B) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat.96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 59 7 Title 29 -LABOR Subtitle A -Office of the Secretary of Labor PART 3 -CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Sec. 3.1 Purpose and scope 3.2 Definitions 3.3 Weekly statement with respect to payment of wages 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. 3.5 Pa}n-oll deductions pemussible without application to or approval of ftre Secretary of Labor. 3.6 Payroll deductions permissible with the approval of the Secretary of Labox. 3.7 Applications for the approval of the Secretary of Labor 3.8 Action by the Secretary of Labor upon applications. 3.9 Prohibited payroll deductions. 3.10 Methods of payment of wages. 3.11 Regulations part of contract. AUTHORITY: The provisions of this Part 3 issued under R.S. 161, sec. 2, 48 Stat. §48; Reorg. Plan No. 14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 5 U.S.C. 301; 40 U.S.C. 276c. SOURCE: The provisions of this Part 3 appear at 29 F.R. 97, Jan. 4, 1964, unless otherwise noted. Section 3.1 Pnrpose and Scope. This part prescribes "anti-kickback" regulations under section 2 of the Act of Tune 13, 1934, as amended (40 U.S.C. 276c), popularly lrnown as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. `Ilre part is intended to aid in the enforcement of the 60 minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally- assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 {e.g., the College Housing Act of 190, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing [he making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions. articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they aze manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. (b} The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering remodeling; painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (c) The terms "public building" or "public work" include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the Unites States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans As used in the regulations in this part: (a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, or sen~icing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or famishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, or grants by a Federa] agency. The term includes building or work for which the Federal assistance granted is in the form of loan guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and ali executive departments, independent establishments, administrative agencies, and instrumentality's of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by The District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentality's. 61 ,29 FR 97, Jan. 4, ] 964, as amended at 33 FF 32575, Nor. 27, 1973) Section 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the tern "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whale or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and ~ during the preceding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer of employee of the contractor or subcontractor who supervises the payment of wages, and shall be on form WH 348, "Statement of Compliance," or on an identical form on the back of WH 347, "Payroll (For Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 maybe obtained from the Government contracting or sponsoring agency, and copies of these forms maybe purchased at the Government Printing Office, (c) The requirements of this section shall not apply to any contract of $2,000 or Iess. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. (29 F.R. 9S, Jan. 4, 1964, as amended at 33 F.R. 10]86, July ]7, t96s1 Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. {a) Each weekly statement required under §3.3 shall be delivered by the contractor or subcontactor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work; or if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The pa}loll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor. Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless, the HUDA010 (2-84) deduction is in favor of the contractor. subcontractor or any affiliated person.. or when collusion or collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the pwpose of providing either from principal or income, or both, medical or hospital care, pensions, or annuities on retirement, death benefits, compensation for injuries, illness, accidents, siclatess, or disability, or for insurance to provide _. any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement ' between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall -- serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and --- Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the °- employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State -- credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to govenmental or quasi-governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized ._ by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law (j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meefing the requirements of section 3(m) of the Fair Labor Standards Act of 1935, as amended, and Part 531 of this title. When such a deduction is made the additional records required under §516.27(a) of this title shall be kept. (k) Any deduction for the cost of safety equipment of nominal value purchased by the employee as his own property for his personal protection in his work, such as safety shoes, safety glasses, safety gloves, and hard hats, if such equipment is not required by law to be furnished by the employer, if such deduction is not violative of the Fair Labor Standards Act or prohibited by other law, if the cost on which the deduction is based does not exceed the actual cost to the employer where the equipment is purchased from him and does not include any direct or indirect monetary return to the employer where the equipment is purchased from a third person, and if the deduction is either (1) voluntarily consented to be the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance; or (2} provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees. 136 F.R. 9770, May 26, 1971.} Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under §3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subconri-actor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in The form of a commission, dividend, or otherwise; HUD-4010 (2-64) (b) The deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either far the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and (d) The deduction serves the convenience and interest of the employee. Section 3.7 Applications for the approval of the Secretary of Labor. Any application for the malting of payroll deductions under §3.6 shall comply with the requirements prescribed in the following paragraphs of this section: (a) The application shall be in writing and shall be addressed to the Secretary of Labor. (b) The application need not identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions on all current and future contracts of the applicant for a period of 1 year. A renewal of permission to make such payroll deduction will be granted upon the submission of an application which makes reference to the original application, recites the date of the Secretary of Labor's approval of such deductions, states affirmatively that there is continued compliance with the standards set forth in the provisions of §3.6, and specifies any conditions which have changed in regard to the payroll deductions. {36 P.R. 9770, May 28, 1971.) (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of §3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.S Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of §3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under §3.6 are prohibited. Section 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act, Section 3.11 Regulations part of contract. All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as maybe applicable. In this regard, see §5.5(a) of this subtitle. HUD-4o10 (2-84) MINORITY/FEMALE GOALS AND TIMETABLES The female employment goal is effective as of April 1980 and is currently 6.9%. The percentages for minority participation in Texas are: Texarkana Area: Texarkana & Bowie Co. Non-MSA Cdurities df Carnp, Cass,. Lamar, Mdtris, Red,'River & Titus, 19.7 20':2 Tyler-Longview Area: Longview, Gregg Co. & Harrison Co. 22'8 Tyler & Smith Co. 23.5 :Non-MSA Courties of Anderson, Angelina, Cherokee, Henderson, Marion, Nacogdoches, Panola, 22;5 Rusk, San Augustine, Shelby, Upshur & Wood:. Beaumont-Port Arthur Area: Beaumont, Port Arthur, Orange, Hardin Co., Jefferson Co., & Orange Co. 22.6 Noh-:MSA Counties of Jasper, Houston, Newton, Sabine, & Tyler- 22.6 Houston Area: -~ Bryan, College Station & Brazos Co. 23'7 Galveston, Texas City & Galvestoh-Co. _ 28:9 Houston, Brazoria Co., Fort Bend Co., Harris Co., Liberty Co., Montgomery Co. & Waller Co. 27.3 Non-MSA Couhties of Austin, Burleson, Calhoun, Chambers, Colorado, DeWitt, Fayette; Gohad, 27:4 Grimes, Jackson, Lavaca, Leon, Madison, Matagorda, Polk, Robertson, San Jacinto, Trinity, Victoria, Walker, Washington, & Wharton Austin Area: Austin, Hays Co., Travis Co., & Williamson Co. 24.1 Ndn-MSA Counties of Bastrop, Blanco, Burnet, Caldwell.;! Lee & Llano __ 24:2` Waco Killeen Temple Area: Killeen, Temple, Bell Co. -& Coryell Co. 16.4, Waco & McLennan Co. 20'7 Non-MSA Counties of Bdsque, Falls, Freestone, Harniltoh, Hill, Lampasas, Limestone, Milam & Mills 18.:6° Dallas. Fort Worth Area: Dallas, Fort Worth, Collih Co., Dallas Co., Denton Co., Ellis Co., Hood Co., Johnson Co;, Kaufman 18':2 Co., Parker Co., Rockwall Co., Tarrant Co. & Wise Co. Sherman, Denison & Grayson Co. 9 4 -- .Non-MSA Counties of Cooke, Delta, Erath, Fannin, Franklin, Hopkins, Hunt, Jack, Montague, 17,2. Navarro, Palo Pinto, Rains, Somervell, & Van Zandt Wichita Falls Area: Wichita Falls, Clay Co. & Wichita Co. 12'4 Non-MSA Counties of Archer, Baylor, Cottle; Foard, Hardernan, Wilbarger &Young' 11:0 "" Abilene Area: Abilene, Callaghan Co., Jones Co. & Taylor Co. 11.6 Non MSA Counties of Brown, Coleman, Comanche, Eastland, Fisher, Haskell, Kent, Knox, Mitchell;. 10.9 :Nolan, Scurry, Shackleford, Stephens, Stonewall & Throckmortorr San Angelo Area: San Angelo & Tom Green Co 19'2 Non MSA Counties of:COke, Corcho, Crockett, Inon, Kimble, McCullough, Mason, Menard, Reagan, 20.0 Runnels, San'Saba, Schleicher, Sterling, Sutton & Terrell - San Antonio Area: Laredo & Webb-Co. - San Antonio, Bexar Co., Comal Co. & Guadalupe Co. 'Non-MSA Counties of Atascosa, Bandera, bimmit, Ed Karnes, Kendall, Kerr, Kinney, La Salle, McMullen, Mi 87:3 47.8 49:4 Wilson, Zapata & Zauala__ ' Corpus Christi Area: 41 7 Corpus Chrsti, Nueces Co & San Patricio Co. Non-MSA Counties of Aransas, Bee; Brooks, Duval, Jim Wells I;hwav Ri>;ht of Wav or County Street: All Work "` within the right of way shall meet the requirements of above as a minimum and shall meet the requirements of the permit issued by the County when their requirements are more stringent. Prior to the start of construction, the Contractor ` shall be responsible for contacting the appropriate TxDOT office or Kerr County Road & Bridge Office and for coordinating his activities with the operating procedures in effect for utility cut permits and pavement repair under their jurisdiction. Approval for all completed Work in the State or County right of way shall be obtained from the appropriate Official prior to final payment by the Owner. 659.04 Backfill in Easements: Where not otherwise indicated, the Contractor may select whatever methods and procedures may be necessary to restore entire Work area to a safe, useful and geologically stable condition with a minimum density of 95 percent or a density superior to that prior to construction. All soil areas disturbed by construction shall be covered with topsoil and seeded. All turf within city right-of--way shall obtain seventy (70) percent coverage before final acceptance and erosion control structures are removed. All turf, drainways and drainage structures shall be constructed or replaced to their original condition ~- or better. No debris shall remain in the drainways or drainage structures. 660 Specialized Construction Methods 661 Setting_Valves Drains and Air Releases: Unless otherwise indicated, main line valves, drain valves and piping, air and vacuum release assemblies and other miscellaneous accessories shall be set and jointed in the manner described for cleaning, laying, and jointing pipe. Unless otherwise indicated, valves shall be set at the locations shown on the .-. Drawings and such that their location does not conflict with other appurtenances such as curb ramps. Valves shall be installed so that the tops of operating stems will be at the proper elevation required for the piping at the location indicated ,.. above. Valve boxes and valve stem casings shall be firmly supported and maintained, centered and aligned plumb over the valve or operating stem, with the top of the box or casing installed flush with the finished ground or pavement ,_ in existing streets, and installed with the top of the box or casing approximately 6 inches (I50 mm) below the standard street subgrade in streets which are excavated for paving construction or where such excavation is scheduled or ._ elsewhere as directed by the Engineer or designated representative. A City of F:emille Standard Specifications Item 600 - IS Pipe and Appurtenances 662 Setting Fire H d~ants: Fire hydrants shall be located in a manner to provide accessibility and in such a manner that the possibility of damage from vehicles or conflict with pedestrian travel will be minimized. rJnless otherwise directed, the setting of any hydrant shall conform to the following: Hydrants between curb and sidewalk on public streets, shall be installed as shown on details, with outermost point of large nozzle cap 6" to 18" behind back of curb. Where walk abuts curb, and in other public areas or in commercial areas, dimension from gutter face of curb to outermost part of any nozzle cap shall be not less than 5 feet, nor more than 7 feet, except that no part of a hydrant or its nozzle caps shall be within 6 inches of any sidewalk or pedestrian ramp. Any fire hydrant placed near a street corner shall not be placed within the radius. Fire hydrants shall not be installed within nine feet vertically or horizontally of any sanitary sewer line regardless of construction. Hydrants placed on uncurbed State of Texas right of way shall be located within 18" of the R.O.W. line. All hydrants shall stand plumb; those near curbs shall have the 4 inch nozzle facing the curb and perpendicular to it. The hydrant bury mark shall be located at ground or other finish grade; nozzles of all new hydrants shall be approximately 18 inches above grade. Each hydrant shall be connected to the main by 6 inch ductile iron pipe; a 6 inch gate valve shall be installed at the main on an anchor tee for individual shutoff of each new hydrant. Below each hydrant, a drainage pit shall be excavated according to the details and filled with compacted coarse gravel or broken stone mixed with coarse sand under and around the bowl of the hydrant, except where thrust blocking is situated and to a level 6 inches above the hydrant drain opening. No hydrant drainage pit shall be connected to a sanitary sewer, Cover drain gravel with filter fabric to prevent blockage of voids in the gravel by migration of backfill material. The bowl of each hydrant shall be well braced against unexcavated earth at the end of the trench with concrete thrust blocking (taking care not to obstruct the hydrant drain holes). Hydrants shall be thoroughly cleaned of dirt or foreign matter before setting. Fire hydrants on mains under construction shall be securely wrapped with a poly wrap bag or envelope taped into place. When the mains are accepted and placed in service the bag shall be removed. 663 Pl~r;ine Dead Ends: Standard plugs shall be inserted into the bells of all dead ends of pipes, tees or crosses and spigot ends shall be capped. 664 Protective Coverine: Unless otherwise indicated, all flanges, nuts, bolts, threaded outlets and all other steel component shall be coal tar coated and shall be wrapped with standard low density polyethylene film or a cross laminated high- density polyethylene meeting ANSI/AWWA Specification C-105-current, with all edges and laps taped securely to provide a continuous and watertight wrap. City of Kerrville Standard Specifications item 600 - 16 Pipe and Appurtenances Repair all punctures of the polyethylene, including those caused in the placement of bedding aggregates, with duct tape to restore the continuous protective wrap before backfilling. 665 Valve Box Casing and Cover: Stems of all buried valves shall be protected by valve box assemblies. Valve box castings shall conform to ASTM A 48, Class 30B. Testing shall be verified by the manufacturer at the time of shipment. Each casting shall have cast upon it a distinct mark identifying the manufacturer and the country of origin. 670 Boring of Pipe ,_. 671 Description This item shall govern furnishing and installing of encasement pipe by methods ~., of boring as indicated on the Drawings and in conformity with this specification. This item shall also include, but not be limited to other constructions activities such as traffic control measures, excavation, removal of all materials encountered ,_ in jacking or boring pipe operations, disposal of all material not required in the work, grouting, bulkhead installation, backfilling and re-vegetation. ,,_ This specification is applicable for projects or work involving either inch-pound or SI units. Within the text and accompanying tables, the inch-pound units are given preference followed by SI units shown within parentheses. 672 Submittals ^ 672.01 General: The CONTRACTOR shall submit shop drawings in accordance with the project requirements and the following. Submittals shall include the following, as ~- applicable: 1. Carrier pipe and casing materials, including the diameter, wall thickness, ~- specifications, relevant data, and pipe class. 2. Installation schedules for excavation, pipe installation, backfill, grouting, and related horizontal boring operations. ^-- 3. Data on lubricants proposed for installation. 4. Locations, dimensions, and shoring plans and sections for boring and receiving shafts, including the method of excavating, shoring, bracing the shaft and thrust block -- design. 5. Manufacturers' data sheets and specifications describing in detail the system to be used. ~- 6. Layout plans. City of Kemille Standard Spemfications Item 600 - 17 Pipe and Appurtenances 672.0^_ Permits: The CONTRACTOR shall obtain necessary permits from governing agencies having jurisdiction and furnish two copies to the City's designated representative before the start of the Work. 672.03 Qualifications: Horizontal boring shall be performed by a qualified Contractor. The Contractor shall have successfully completed at least 5 previous horizontal boring operations of similar length and diameter. The CONTRACTOR shall provide descriptions of similar projects, including references, where contractor responsible for horizontal boring has successfully used the proposed horizontal boring system. 672.04 Submittals for Microtunneling and Auger Boring: The CONTRACTOR shall submit the following items. Approval of the following submittals shall be obtained before ordering pipe materials or starting operations: 1. Spoil disposal method, including other materials encountered in the construction and maintenance of shafts. 2. Maximum anticipated jacking loads and supporting calculations. 3. Methods to control and dispose of groundwater. 4. Grade and alignment control systems. 5. Intermediate jacking station locations and design. 6. Lubrication and/or grouting system. 7. Plans for monitoring ground surface movement (settlement or heave) due to construction. The plan shall address the method and frequency of survey measurement. At minimum, the plan shall measure the ground movement of all structures, roadways, parking lots, and any other areas of concern within 25 feet on both sides of all microtunneling pipelines at a maximum spacing of 100feet along the pipeline route, or as required by the City of Kerrville. 8. Annular space grouting plan. 9. Contingency plans for correction of the following potential conditions: a. Damage to pipeline stmctural integrity and repair. b. Loss and return to line and grade. c. Loss of ground. 10. Procedures to meet all applicable OSHA requirements. These procedures shall be submitted for a record purposes only and will not be subject to approval by the CITY. At a minimum, CONTRACTOR shall provide the following: a. Protection against soil instability and groundwater inflow. b. Safety for shaft access and exit, including ladders, stairs, walkways, and hoists. c. Protection against mechanical and hydraulic equipment operations, and for lifting and hoisting equipment and material. d. Ventilation and lighting. City of Kerrville Standard Specifications Item 600 - 1 K Pipe and Appurtenances e. Monitoring for hazardous gases £ Protection against flooding and means for emergency evacuation. g. Protection of shaft, including traffic ban•iers, accidental or unauthorized entry, and falling objects. h. Emergency protection equipment. 672.05 Submittals for Directional Drilling: The CONTRACTOR shall submit the following items. Approval of the following submittals shall be obtained before ordering pipe materials or starting operations: 1. Manufacturers' data sheets and specifications describing in detail the directional drilling system to be used. .., 2. Description of similar projects with references on which the proposed system had been successfully used by contractor/operator. 3, Description of method to contain drilling fluids and to separate and dispose of _ spoils. 4. Maximum anticipated pulling loads and supporting calculations. 5. Pipe design data and specifications. Include design calculations to account for bending and pulling stresses expected during construction. 6. Grade and alignment control systems. 7. Contingency plans for correction of the following potential conditions: _,,, a. Inability to complete the pilot hole. b. Excessive fluid loss or hydraulic fracturing. c. Inability to pull the pipe 673 Materials 673.OI Pi e: Carrier pipe and encasement pipe shall be the size, type, thickness and class indicated on the Drawings, unless otherwise specified. ,._ 673.02 End Seal: End seals shall be sized to securely attach to the exterior of casing and carrier pipe to prevent water, dirt and debris from entering the annular space between the installed pipe. The end seal shall be pull-on, wrap-around or ,_ heat shrinkable. No concrete, grout or bricks will be acceptable. 673.03 Casing Spacers: Casing spacers shall be constructed of high-density ,_ polyethylene and shall be sized to securely fasten on to the carrier pipe barrel O.D. They shall be furnished with a minimum runner height to prevent the pipe from resting or sliding on its joint during and after installation. 673.04 Grout: Grout shall be used to completely fill any annular space between the bore and installed casing pipe. Grout shall consist of one part Portland cement, ,_ three parts sand and the minimum amount of water necessary to obtain the desired consistency; and, all grout mixtures shall contain 2% of bentonite by weight of the cement. Ctty ofhemtlle Standard Spec~ficaLOns Item 600 - 19 Pipe and Appurtenances 673.05 Lubricants: Water shall be used as a lubricant for jacking operations and may contain clay based and/or polymer additives to reduce the skin friction of the installed pipe. 674 Construction Methods 674.01 General: The Contractor is responsible for: A. Adequacy of jacking and boring operations, B. Installation of support systems as indicated on the Drawings, C. Provision of encasement and carrier pipe, and D. Execution of work involving the jacking operation, the wet or dry method of boring and the installation of encasement pipe simultaneously. The Contractor shall have sole responsibility for the safety of the jacking and boring operations and for persons engaged in the work. The Contractor's attention is directed to the Construction Industry Occupational Safety and Health Administration (OSHA) Standards (29 FR 1926/1920) as published in U.S. Department of Labor publication OSHA 2207, latest revision, with particular attention to Subpart S. The Contractor shall conform to the requirements in accordance with "Trench Safety System" and shall provide an appropriate Trench Safety Plan. When the grade of the pipe at the boring end is below the ground surface, suitable pits or trenches shall be excavated to provide sufficient room to conduct the jacking or boring operations and for placement of end joints of the pipe. In order to provide a safe and stable work azea, the excavated area shall be securely sheeted and braced to prevent earth caving in accordance with the Trench Safety Plan. The location of the work pit and associated traffic control measures required for the boring operations shall conform to the requirements of the TXDOT Manual on Uniform Traffic Control Devices. Where installation of pipe is required under highways, streets, or other facilities by jacking or boring methods, construction shall be undertaken in such a manner that it will not interfere with operation of any railroad, street, highway, utility or other facility and shalt not weaken or damage any embankment or structure. All appropriate permits shall be acquired prior to the initiation of the work. At a minimum bore pit locations on rural highway crossings, must be 30 (thirty) feet from main lanes and on other high-speed (exceeding 40 mph) highways. On low- volume (less than 750 vehicles per day) highways, the bore pit must be 16 (sixteen} feet from main lanes. On urban (curbed) highway crossings, bore pits City of [iemille Standard Specifications ltem 600 - 20 Pipc and Appurtenances ._ must be 30 (thirty) feet from high-speed roadways and 3 (three) feet from low- speed roadways. .~, During construction operations, and until the work pits are backfilled and fill material compacted, traffic barricades and warning lights to safeguard traffic and pedestrians shall be furnished and maintained by the Contractor. The Contractor ._ shall submit the proposed pit location and traffic control plan for review by the Engineer or designated representative. The Review by the Engineer or designated representative, however, will not relieve the Contractor from his .._ responsibility to obtain specified results in a safe, workmanlike manner. When grade of pipe at boring end is below ground surface, suitable pits or ,_ trenches shall be excavated for the purpose of conducting the jacking or boring operations and for joining pipe. Work shall be securely sheeted and braced as indicated on the Trench Safety Plan to prevent earth caving and to provide a safe ,__ and stable work area. The pipe shall be bored from the low or downstream end, if possible. Minor lateral or vertical variation in the final position of pipe from line and grade established by Engineer or designated representative will be permitted at the discretion of Engineer or designated representative provided that such variation is ,_ regular and occurs only in one direction and that the final grade of the flow line conforms to the specified direction. _ When conforming to details indicated on the drawings, but the bottom of the work pit is unstable or excessively wet or the installation of water and wastewater pipe will result in less than 36 inches of cover, the Contractor shall notify the Engineer or designated representative. The Engineer or designated representative may require the Contractor to install a concrete seal, cradle, cap or encasement or other appropriate action. Positioning of spacers should ensure that the carrier pipe is adequately supported throughout its length. Spacers at each end shall not be further than 6" from the end of the casing regardless of the size of casing and carrier pipe or type of spacer ~~ used. Casing spacers shall be doubled on each end of the encasement and shall be installed within one foot on each side of the bell or flange. The maximum spacing for casing spacers is 8 feet. After placement of the carrier pipe is complete, the ends of the encasement pipe shall be sealed with a flexible type end seal as outlined in section 673.02. As ~~ soon as possible after the end seals are placed, the work pits or trenches, which are excavated to facilitate these operations, shall be backfilled. The backfill in the street ROW shall be compacted to not less than 95 percent of the maximum density conforming to ASTM D-1557 for depths 10 feet or greater and ASTM D- 698 for depths less than 10 feet. City ofRerrville Standard SpeciGca[ions IIem 600 - 21 Pipe and Appurtenances The boring shall proceed from a work pit provided for the boring equipment and workmen. Excavation for the work pits and the installation of shoring shall be as outlined in the Trench Safety Plan. The location of the pit shall be approved by the Engineer or designated representative. The boring shall be done mechanically using either a pilot hole or the augur method. In the pilot hole method an approximate 2 inch pilot hole shall be bored the entire length of the crossing and shall be checked for line and grade on the opposite end of the bore from the work pit. This pilot hole shall serve as the centerline of the larger diameter hole to be bored. When the augur method is used, a steel encasement pipe of the appropriate diameter equipped with a cutter head to mechanically perform the excavation shall be used. Augurs shall be of sufficient diameter to convey the excavated material to the work pit. Excavated material will be removed from the working pit and disposed of properly. The use of water or other fluids in connection with the boring operation will be permitted only to the extent to lubricate cuttings. Water jetting will not be permitted. In unstable soil formations, agel-forming colloidal drilling fluid, that consists of at least 10 percent of high grade carefully processed bentonite, may be used to consolidate the drill cuttings, seal the walls of the hole and furnish lubrication to facilitate removal of the cuttings from the bore. AUGER METHOD A. Auger Boring Machine: The auger boring machine selected shall be sized with torque and thrust capacities compatible with the size ofpipe or casing to be installed and expected soil and geotechnical conditions. Separate thrust jacks shall be used for advancing the cutter face and advancing the installed pipe. The maximum allowed thrust force of the installed pipe shall not be exceeded. $. Casing and Auger: The auger casing diameter shall be sized in conjunction with the cutter face such that the annular space between the installed pipe and bored shaft does not exceed 2-inchs. The casing shall be equipped to prevent or correct rolling. The auger shall be sized to transmit the required torque and thrust to the cutting face and transport spoils back to the bore shaft for removal. Additives maybe employed to condition the spoils for transport. When operating below the groundwater level ,the auger system shall be capable of adjustments required to maintain face stability and prevent loss of soil or uncontrolled groundwater inflow. C. Cutter Head: The cutter face shall be selected based on the soil conditions expected and shall be capable of supporting the full excavation face. The cutter face City of Kemille Standard Specifications Item 600 - 22 Pipe and Appurtenances ~- shad be capable of slight steering adjustments to maintain line and grade of the installed pipe. D. Support Bedding and Reaction Blocks: An adequately designed and constructed foundation and thrust reaction structure shall be provided. Special attention shall be given to the shaft foundation to ensure it is secure. A concrete slab shall be used in unstable conditions, and crushed stone or equivalent shall be used as a minimum. When thrust reaction blocks are used, care shall be taken to ensure they aze perpendicular with the required line and grade. E. Excavation Controls: All machine operations shall be monitored and controlled from a central point either in the shaft at the auger-boring machine or remotely from - the surface. Control equipment shall integrate excavation spoil removal and installation of pipe. Operations shat] be stopped when they result in pipe damage or surface disruption. ,-. F. Monitoring Equipment: Equipment shall be provided to continuously monitor auger thrust and torque, pipe jacking thrust, and advance rate. These parameters shall be recorded and available at all times for review by the CITY. Line and grade shall be ... continuously monitored by referencing the casing to a design reference. If continuous referencing is not possible due to equipment design limitations, line and grade shall be verified by other suitable means at every 50-feet of advancement. .- G. Intermediate Shags: If an intermediate shaft is requested, the CONTRACTOR shall obtain a written approval from the CITY. The intermediate shaft shall not be ... Located in areas prohibited and as directed by the CITY. The CONTRACTOR'S request shall include all necessary permits and approvals, minimize public inconvenience and minimize impacting existing facilities. H. Annular Space Grouting. The annular space created by the over cut of the auger face in excess of 2-inchs shall be filled with an approved material, unless otherwise specified. When grouting is specified, pressure-injected grout shall fill voids outside the limits of the excavation created by caving or collapse of earth cover over the excavation. The CONTRACTOR shall furnish and operate suitable equipment for any required grouting operations depending on the condition of the application. The grouting operation shall not damage adjacent utilities or other properties. Grout shall be injected at a pressure that will not distort or imperil any portion of the work or „_ existing installations or structures. I. Piping: The pipe manufacturer's design jacking loads shall not be exceeded ,~ during the installation process. The pipe shall be designed to take full account of all temporary installation loads. ,_ J. Repair or Replacement of Damaged Pipe: Damaged pipe shall be jacked through to the reception shaft and removed. Other methods of repairing the damaged conduit may be used as recommended by the manufacturer and approved by the CITY. City of Kemille Standard Spemfications Item 600 - 23 Ape and Appurtenances MICROTUNNELING A. Equipment: The MTBM shall be capable of installing the pipe while being compatible with the anticipated soil and geotechnical conditions. The MTBM cutter face shall at al] times be capable of supporting the full excavated area without the use of ground stabilization and have the capability of measuring the earth pressure at the face a setting a calculated earth balancing pressure. The maximum radial annular space shall not exceed 1-inch, unless otherwise specified. The MTBM shall be capable of controlling shield rotation by means of a bi-directional drive on the cutter head or by use of mechanical fins or grippers. The MTBM shall be mechanically articulated to enable remotely controlled steering of the shield. The MTBM shall control groundwater during excavation without the use of external dewatering equipment. The measuring and balancing of earth and groundwater pressure shall be achieved by use of a slurry or cased auger system. The system shall be capable of incremental adjustments to maintain face stability for the soil conditions encountered. B. Jacking Equipment: The main jacks shall be mounted in a jacking frame and located in the jacking shaft. The MTBM shall be moved forward by the jacks advancing a successive string of connected pipes toward a receiving shaft. Intermediate jacking stations may be used for long drives where frictional forces would exceed the maximum allowable jacking force. The intermediate jacking station shall employ a steel jacket or other suitable means to prevent soil intrusion into the conduit. Jacking forces at the intermediate jacking station shall be continuously monitored during jacking operations. C. Intermediate Shafts: If an intermediate shaft is requested, the CONTRACTOR shall obtain a written approval from the CITY. The intermediate shaft shall not be located in areas prohibited or as directed by the CITY. The CONTRACTOR'S request shall include all necessary permits and approvals, minimize public inconvenience and minimize impacting existing facilities. D. Annular Space Grouting: The annular space created by the overcut of the MTBM in excess of 2-inchs shall be filled with an approved material, unless otherwise specified. When grouting is specified, pressure-injected grout shall fill voids outside the limits of the excavation created by caving or collapse of earth cover over the excavation. The CONTRACTOR shall furnish and operate suitable equipment for any required grouting operations depending on the condition of the application. The grouting operation shall not damage adjacent utilities or other properties. Grout shall be injected at a pressure that will not distort or imperil any portion of the work or existing installations or structures. E. Piping: The pipe manufacturer's design jacking loads shall not be exceeded during the installation process. The pipe shall be designed to take full account of all temporary installation loads. Damaged pipe shall be jacked through to the reception City of Kemille Standard Specifications Item 600 - 24 Pipe and Appurtenances ._ shaft and be removed. Other methods of repairing the damaged conduit may be used, as recommended by the manufacturer and approved by the CITY. DIRECTIONAL DRILLING A. Drilling/Pulling Equipment: The equipment used to drill the pilot hole, back ream „, and pull the product pipe in place shall be adequately sized and compatible to the expected ground conditions. It shall be equipped with instrumentation to accurately locate the alignment and grade of the pilot hole to monitor drilling fluid flow and pressure and measure pulling force applied to the product pipe. Steering information of the drill string, pressures, and pulling forces shall be continuously monitored during operations. The equipment shall be capable of using mechanical and/or ,._ hydraulic means to change the boring course. Equipment shall also be used to recover and separate drilling fluids and soil cuttings and subsequent reuse of drilling fluids. Direct disposal of contained drilling fluids may be permitted with prior approval of the CITY. B. Pilot Hole: The CONTRACTOR shall drill the pilot hole along the path shown in the Contract Drawings to within the tolerance limits specified. The exit point of the drill string shall also meet specified tolerance limits. At the completion of the pilot hole, the CONTRACTOR shall provide an as-built survey consisting of a three- dimensional coordinate tabulation accurately referencing the pilot hole to the drilled entry point. Drilling must be accomplished with fluid assisted mechanical cutting. Uncontrolled jetting (where fluid force is the primary means for creation of the final bore hole diameter) is prohibited. The minimum pressure and flow of drilling fluids ~~ practicable shall be used during drilling operations. C. Ream and Pull Back: The number of reaming passes to expand the pilot hole for ~~ product pipe installation is left to the discretion of the CONTRACTOR. The maximum allowable tensile load of the product pipe shall not be exceeded during pullback operations or when pre-reaming and pullback are performed simultaneously. ... A swivel connection shall be used between the reaming device and the product pipe to minimize stress on the pulled pipe. The pulled pipe shall be supported in such a fashion that it moves freely during pullback with no damage done to any corrosion ~~ coatings or linings. When staging area is limited, shorter lengths of pipe may be stockpiled then connected and pulled in segments. The pipe shall be pulled back such that at least one joint at the lead end completely clears the bore so that piping and ~~ joint can be inspected. D. Loss of Fluid: At installations below bodies of water, the CONTRACTOR shall "" be diligent to detect drilling fluid losses below the water surface. Operations shall be stopped when they result in any pipe damage or surface disruption. The CONTRACTOR shall propose immediate action for review and approval by the " CITY to resolve the problem. Remedial action shall be at no additional expense to the CITY. City ofKemille Standard Specifications Item 600 - 2S Pipe and Appurtenances E. Clean-Up: The CONTRACTOR shall be responsible for the removal and disposal of excavated material and excess drilling fluid in accordance with all local, state and federal regulations. F. Welding: Welding of steel pipe used for pullback shall be in accordance with ANSI/AWS D1.1. All welds shall be radiographically inspected. COMPACTION/PIPE RAMMING A. Driving Pipe: Pipes shall be driven with an open face. The leading edge shall be equipped with a cutting band for reinforcement and to open a slightly larger path through the soil to reduce the skin friction of the following pipe. The overcut shall not exceed 1-inch from the outer surface of the pipe. The pipe shall be driven in one segment when working space is available, The pipe shall be supported and positioned by adjustable bearing stands to achieve proper line and grade alignment. B. Driving Operations: Driving force to install the carrier pipe may be delivered through a conventional hydraulic jacking system or pneumatically powered percussion tools. In either case, the driving force shall be evenly transmitted using pressure plates or other types of adapters. Jacking forces shall be continuously monitored and recorded during installation. The maximum allowable jacking forces shall not be exceeded. Pneumatic tools shall be adequately sized to prevent damage to the pipe from excessive impact forces. C. Lubrication: Water or bentonite slurry may be applied to the pipe for lubrication at the CONTRACTOR'S option. Lubricant slurries shall be contained on site and excesses shall be properly disposed of by the CONTRACTOR. D. Spoil: Spoil shall be removed from the installed pipe by reaming, augering, or water flushing. If flushing is employed, the slurry shall be contained and properly disposed of by the CONTRACTOR. The pipe shall be cleaned after soil removal by flushing or using pressure driven cleanout plugs. E. Settlement Monitoring: When the pipeline is in sandy or cohesionless soils, the CONTRACTOR shall monitor the soil surface above the pipe alignment for settlement during the installation. Settlement shall not exceed 1-inch or as specified. F. Intermediate Shafts: If intermediate shafts are requested, the CONTRACTOR shall obtain a written approval from the CITY. Intermediate shafts shall not be located in areas prohibited or as directed by the CITY. The CONTRACTOR'S request shall include all necessary permits and approvals, shall minimize public inconvenience, and shall minimize impacts on existing facilities. City ofKem~lle Standard Specifications I[em 600 - 26 Pipe and Appurtenances F. Grouting: If the annular space between the casing pipe and outside soil or rock is in excess of 3/4-inch is created b}' the cutting band, it shall be grouted in accordance with the provisions in this Section for grouting of microtunnels. 675 Cleanup and Restoration "` Ii shall be the Contractor's responsibility to keep the construction site neat, clean and orderly at all times. Cleanup shall be vigorous and continuous to minimize traffic hazards or obstructions along the streets and to driveways. Trenching, "' backfill, pavement repair (as necessary), and cleanup shall be coordinated as directed by the City. The Engineer will regulate the amount of open ditch and may halt additional trenching if cleanup is not adequate to allow for orderly "' traffic flow and access. Materials at the site shall be stored in a neat and orderly manner so as not to obstruct pedestrian or vehicular traffic. All damaged material shall be removed from the construction site immediately and disposed of in a proper manner. All surplus excavated materials become the property of the Contractor for disposal at his expense. After trenching, the Contractor shall immediately remove all excavated materials unsuitable for or in excess of, backfill requirements. Immediately following the pipe laying Work as it progresses, the Contractor shall „_ backfill, grade and compact all excavations as provided elsewhere and shall immediately clean up and remove all unused soil, waste and debris and restore all surfaces and improvements to a condition equal or superior to that before ,_ construction began and to an appearance which complements the surroundings. The Contractor shall grade and dress the top 6 inches of earth surfaces with soil or other material similar and equal to the surrounding fill and smooth any visible ,,_ tracks or ruts, replace and re-establish all damaged or disturbed turf or other vegetation and otherwise make every effort to encourage the return of the entire surface and all improvements to a pleasant appearance and useful condition appropriate and complementary to the surroundings and equal or similar to that before construction began. Permanent pavement replacement, if necessary, shall begin immediately after all '°' testing of each segment of piping is satisfactorily completed. 676 Measurement & Payment 676.01 Measurement: Pipe will be measured by the linear foot for the various types, sizes and classes. Parallel lines will be measured individually. Where a line ties into an existing system, the length of the new line will be measured from the visible end of the existing system at the completed joint. ,_ Unless otherwise indicated, the length of water and wastewater lines will be measured along pipe horizontal centerline stationing through fittings, valves, manholes, and other appurtenances. Qty of Kemdle Standard Spec~ficahons Item 600 - 27 Pipe and Appurtenances Unless otherwise provided, no measurement for ductile fittings will be made, but shall be considered subsidiary to the various bid items in the contract. Stormwater pipe will be measured along the slope of the pipe. Where drainage pipe ties into inlets, headwalls, catch basins, manholes, junction boxes or other structures that length of pipe tying into the structure wall will be included for measurement but no other portion of the structure length or width will be so included. Excavation and backfill, when included as pipe installation wi]] not be measured as such but shall be included in the unit price bid for constructing pipe and measured as pipe complete in place including excavation and backfil[. When pay items are provided for the other components of the system, measurement will be made as addressed hereunder. 676.02 Payment: Payment for pipe, measured as prescribed above, will be made at the unit price bid per linear foot for the various sizes of pipe, of the materials and type indicated, unless unstable material is encountered or trench excavation and backfill is bid as a separate item. The casing spacers and end seals will not be paid for directly but will be considered subsidiary to the pay item for the casing. City of Kerrville Standard Specifications IIem 600 - 28 Pipe and Appurtenances ._ Separation Distances Section 700 710 General Requirements Separation distances criteria are the minimum requirements to be used within '~ the jurisdiction of the City of Kerrville. The jurisdiction of the City of Kerrville is defined as the area bound by the ETJ of the City of Kerrville. °~ 720 Separation Distances -Wastewater and Water Lines Separation Distances Between Wastewater Lines and Water Lines; and "~ Manholes and Water Lines. Where new wastewater lines or manholes are installed in compliance with the-requirements of this subchapter, they shall be installed no closer than nine feet, in any direction, from any water lines, `"' measured from the outside of the wastewater line or manhole to the outside of the water line. Wastewater lines shall be installed in separate trenches from water lines. Where nine feet of separation cannot be achieved, the project "` shall comply with the requirements in pazagraphs (720.01) - (720.04) of this subsection. `- 720.01 New Wastewater Lines -Parallel Lines. Where new wastewater lines are installed parallel to an existing water line, the horizontal separation distance shall be no less than four feet and the vertical separation shall be no '- less than 2 feet (outside to outside), with the water line above the wastewater line. The wastewater line shall be constructed of pipe material and joints having a minimum pressure rating of 150 psi. 720.02 New Wastewater Lines -Wastewater Lines Crossing Water Lines. Where new wastewater lines are installed crossing an existing waterline, the •- vertical separation shall be no less than two feet or more below a water line, at a crossing angle between 75 degrees and 90 degrees, with pipe segment lengths of 18 feet or greater. With these types of installations, one segment •-- of the wastewater pipe shall be centered under the potable water line such that the joints of the wastewater pipe are equidistant from the center line of the potable water line. Whenever possible, the crossing shall be centered ~- between the joints of the potable water line. All wastewater pipe within a distance of 9 feet from the water line, in every direction as measured perpendicularly from any point on the water pipe to the wastewater pipe, •- shall have either a pressure rating for both joints and pipe of 150 psi or have a pipe stiffness of at least 115 psi with compatible joints. ~- 720.03 New Wastewater Lines -Other Crossings. Any wastewater line crossing which is not installed two feet or more below the water line, installed at a crossing angle of less than 75 degrees, or which uses pipe ~-- segment lengths less than 18 feet in length, shall be installed with the same .,. CiTy of Kerrville Section 700-1 Separation Distances requirements as those detailed in section 720.02 of this item, with the addition that the minimum distance between the outside of any wastewater line and the outside of any water line shall be 6 inches and that all portions of wastewater pipe, which are not rated at a minimum pressure of 150 psi for both joints and pipe, which are within 9 feet of the water sine, as measured perpendicularly from any point on the water pipe to the wastewater pipe, shall be embedded in cement stabilized sand. Where cement stabilized sand is used, the sand shall have a minimum of 10 percent cement per cubic yard of cement stabilized sand mixture, based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture. The cement stabilized sand bedding shall be a minimum of 6 inches above and one quarter of the pipe diameter on either side and below the sewer pipe. 720.04 Manholes and Water Lines. if a manhole is to be placed at a distance of less than 9 feet from a water line, the water line shall be encased in a new encasement, a minimum of 18 feet long, with a pressure rating of at least 150 psi with a nominal diameter of at least two sizes larger than the existing or proposed water line. The space around the carrier pipe shall be supported at 5 foot intervals with spacers or be filled to the spring line with washed sand. The encasement pipe shall be centered on the crossing and both ends sealed with cement grout or manufactured seal. 730 Separation Distances - Type I Reclaimed Water 730.01 Potable Water Line Reclaimed water piping shall be separated from potable water piping by a horizontal distance of at least nine feet. Where the nine foot separation distance cannot be achieved, the reclaimed water piping must meet the line separation requirements of Section 720 of this section. The requirements of Section 720 of these specifications shall be followed, with "reclaimed water line" substituted for "wastewater line". 730.02 Wastewater Line Where a reclaimed water line parallels a wastewater fine, the reclaimed water line shall be constructed in accordance with these specifications. The horizontal separation distance shall be three feet (outside to outside) with the reclaimed water line at the Level of or above the sewer line. Reclaimed water lines which pazallel sewer lines may be placed in the same benched trench provided the three feet separation is provided. Where a reclaimed water line crosses a sewer line, the requirements of Section 720 of these specifications shall be followed, with "reclaimed water line" substituted for "water line". CiTy ofKemille Section 700-2 Separation Distances 730.03 Acceptance Testing Acceptance testing shall conform to Section 800 of Standard Specifications. 730.04 TCEQ Special Design Criteria for Reclaimed Water Systems. All construction plans shall be reviewed for compliance with TCEQ Chapter 210 requirements. CiTy of Kerrville Section 700-3 ~- Acceptance Testing Section 800 810 General Requirements 810.01 Acceptance testing criteria are the minimum requirements to be used within the jurisdiction of the City of Kerrville. The jurisdiction of the City of Kerrville is defined as the area bound by the ETJ of the City of Ierrville. This includes any private system which will connect or which may connect to City utilities. 810.02 Calibration of all gauges pressure or vacuum gauges shall have a sticker affixed upon the gauge certifying it has been calibrated within the preceding six months before the equipment is allowed to be used for acceptance testing. 810.03 The Contractor will not be permitted to load the new piping by opening a valve connected to an existing system. The Contractor may use an .~ existing service or install a new service in the existing main. The connection shall be installed with a mechanical backflow prevention device and shall be metered. 820 Water Main Testing 821 Acceptance Testing of Water Main 821.01 Laboratory Testine of Backfill -Backfill must meet the requirements as set forth in Section 600 and as shown in the standard details. During construction the backfill for water mains must be compacted to 95-100% Standard Proctor (ASTM D-698) and field density tests must be taken and compared to the corresponding proctor horizontally every 100 linear feet at a vertical depth of 2-ft. Backfill with too much moisture that, upon a visual .., inspection, shows pumping will be rejected and require drying and reworking. Backfill that fails a density test must be recompacted for a length and depth specified by the inspector and retested. All tests must be done in the presence and under the direction of a city inspector. Copies of all tests must be forwarded to the City Engineer or his designated representative within two weeks of the test date. The CiTy Engineer or a city inspector may require testing at intervals greater than described if needed. 821.02 Hydrostatic Testing: After the pipe has been installed and backfilled and al] service laterals, fire hydrants and other appurtenances installed and connected, a pressure test, followed by a leakage test, shall be conducted by the Contractor and witnessed by a City of Kerrville Inspector. The use of a reduced pressure zone (RPZ) backflow prevention device shall be used when -- City of Kerrville Standard Specifications Section 800- ( Acceptance Testing loading the water main (see Water details, Section 380). The Contractor will furnish all the equipment required for the tests. Before applying the specified test pressure, all air shall be expelled from the pipe. If permanent air vents are not located at all high points, the Contractor shall install corporation cocks at such points. All water services and fire hydrant leads, with the main 6-inch gate valve open, the hydrant valve seats closed and nozzle caps open, shall be included in the test. A. Pressure Test: New mains shall be hydrostatically field tested before acceptance by being placed under 1.5 times system pressure, (or 175 psi) for a period of not less than 24 hours. It is the intent of these specifications that all joints be watertight and that all joints which are found to leak either by observation or during any test shall be made watertight by the Contractor. Repairs shall be made by the Contractor to correct any leaking or defective materials. B. Pressure Pipe Leakage Test: A leakage test will follow the pressure test and be conducted on lengths not to exceed 1000 feet or each valved section. The leakage test shall be at 150 psi for at least 2 hours and not to exceed 6 hours. C. Allowable Leakage: Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe or any valved section thereof to maintain pressure within 5 psi of the specified test pressure after the pipe has been filled with water and the air has been expelled. Leakage shall not be measured by a drop in pressure in a test section over a period of time. Allowable leakage shall be defined as any leakage under the following formula: L = SD(P)t~ / 133,200 Where: L =allowable leakage, in gallons per hour S =length of pipe tested, in feet D =nominal diameter of the pipe, in inches P =average test pressure during the leakage test, in psig If repairs are required, the hydrostatic field test shall be repeated until the pipe installation conforms to the specified requirements and is acceptable by the City Engineer. D. Location and Correction of Leakage: If such testing discloses leakage in excess of this specified allowable, the Contractor, at his City of Kemille Standard Specifications Section 800- 2 Acceptance Testing expense, shall locate and correct all defects in the pipe line until the leakage is within the indicated allowance. All visible leakage in pipe shall also be corrected by Contractor at his own expense. E. Operation of valves: No valve in the City's water distribution system shall be operated by the Contractor without prior authorization by the City. The Contractor shall notify the City when a valve is to be operated and shall operate the valve only in the presence of the City's representative. 821.03 Disinfection of Potable Water Lines: The Contractor shall protect all piping materials from contamination during storage, handling and installation. Prior to disinfection, the pipeline interior shall be clean, dry and unobstructed. All openings in the pipeline shall be closed with watertight plugs when pipe laying is stopped at the close of the day's work. Water for the Work shall be metered and furnished by the Contractor. However, fees for water usage will be waived on Capital Improvement Projects. The Contractor, at his expense, will supply the test gauges and the Sodium Hypochlorite conforming to ANSUAWWA B300, which contains approximately 5 percent to fifteen percent available chlorine. Calcium Hypochlorite conforming to ANSUAWWA B30Q which contains approximately 65 percent available chlorine by weight, may be used in granular form or in 5 g tablets for 16" diameter or smaller lines. During construction, granules or tablets shall placed in the pipe for disinfection. Water mains and appurtenances must be completely installed, °- flushed, disinfected, and satisfactory bacteriological sample results received prior to permanent connections being made to the active distribution system. °- A. Procedure and Dosage: Connection to the existing system will be allowed with a valve arranged to prevent the strong disinfecting dosage from flowing back into the existing water supply piping. The -- valve shall be kept closed. No other connection shall be made until the disinfection of the new line is complete and the water samples have met the established criteria. The valve shall remain closed at all ~-- times. The new pipeline shall not be filled by opening the valve to the existing system. The new pipeline shall be filled completely by using an existing service or by installing a new service. Regardless --- of the method used, a backflow prevention device shall be installed. Every part of the line shall contain a minimum concentration of 50 ppm available chlorine. ,w City of Kerrville Standard Specifications Section 800- 3 Acceptance Testing The disinfecting solution shall be retained in the piping for at least 24 hours and all valves, hydrants, services, stubs, etc. shall be operated so as to disinfect all their parts. After this retention period, the water shall contain no less than 25 parts per million chlorine throughout the treated section of the pipeline. The heavily chlorinated water shall then be carefully flushed from the potable water line until the chlorine concentration is no higher than the residual generally prevailing in the existing distribution system or approximately one part per million. Proper planning and appropriate preparations in handling, diluting, if necessary, and disposing of this strong chlorine solution is necessary to insure that there is no injury or damage to the public, the water system or the environment. Additionally an authorized representative of the City must witness the flushing. Approval for discharge of the diluted chlorine water or heavily chlorinated water into the wastewater system must be obtained from the Water and Wastewater Utility Department. The line flushing operations shall be regulated by the Contractor so as not to overload the wastewater system or cause damage to the odor feed systems at the lift stations. B. Bacteriological Testing: After final flushing of the strong disinfecting solution, water samples from the line will be tested for bacteriological quality by the City and must be found free of coliform organisms before the pipeline may be placed in service. One test sample will be drawn from the end of the main and additional samples will be collected at intervals of not more than 1000 feet along the pipeline. All stubs shall be tested before connections are made to existing systems. The Contractor, at its expense, shall install sufficient sampling taps at proper locations along the pipeline. Each sampling tap shall consist of a standard corporation cock installed in the line and extended with a copper tubing gooseneck assembly. After samples have been collected, the gooseneck assembly may be removed and retained for future use. Samples for bacteriological analysis will only be collected from suitable sampling taps in sterile bottles treated with sodium thiosulfate. Samples shall not be drawn from hoses, fire hydrants or unregulated sources. The City, at its expense, will furnish the sterile sample bottles and collect the test samples. Testing fees will be paid by the Contractor at the time of sampling. If the initial disinfection fails to produce acceptable sample test results, the disinfection procedure shall be repeated. Before the CiTy of Kerrville Standard Specifications Section 800- 4 Acceptance Testing piping may be placed in service, satisfactory test results must be obtained. An acceptable test sample is one in which: (1) the chlorine level is similar to the level of the existing distribution system; (~) there is no free chlorine and (3) the total coliform count is zero. An invalid sample is one, which has excessive free chlorine, silt or non-coliform growth. if invalid sample results are obtained for any pipe, the Contractor may, with the concurrence of the Inspector, flush the lines and then collect a second series of test samples for testing by the City. After this flushing sequence is completed, any pipe with one or more failed samples must be disinfected again in accordance with the approved disinfection procedure followed by appropriate sampling and testing of the water. The City of Kemille Laboratory will notify the assigned City of Kerrville Inspector in writing of all test results. The Inspector will subsequently notify the Contractor of all test results. The Laboratory will not release test results directly to the Contractor. 830 Wastewater Testing 831 Acceptance Testing of Wastewater Manholes Manholes shall be tested separately and independently of the wastewater °° lines. 831.01 Vacuum Method: Apre-vacuum test shall be performed by the Contractor after assembly and prior to backfilling. A vacuum test will be performed after backfill and base installation. All lift holes and exterior joints shall be plugged with anon-shrink grout prior to backfilling. No grout shall be placed in horizontal joints prior to testing. Testing after backfill and compaction are complete will be the basis for acceptance of the manhole. A. Equipment: ~- 1. Plug Design: Pneumatic plugs shal] be used. All plugs shall be designed to resist internal testing pressures without the aid of external bracing or blocking. w 2. Singular Control Panel: To facilitate test verification by the Inspector, all air used shall pass through a single, above •- ground control panel. City of KemiOe Standard Specifications Section R00- 5 Acceptance Testing 3. Equipment Controls: The above ground air control equipment shall include ashut-off valve, pressure regulating valve, pressure relief valve, input pressure gauge and a continuous monitoring pressure gauge having a pressure range from 0 to at least 10 psi. The continuous monitoring gauge shall be no less than 4 inches in diameter with minimum divisions of 0.10 psi and an accuracy of+/-0.04 psi. 4. Separate Hoses: Two separate hoses shall be used to: (1) connect the control panel to the sealed line for introducing low-pressure air, and (2) a separate hose connection for constant monitoring of air pressure build up in the line. This requirement greatly diminishes any chance for over pressuring the line. A separate hose shall also be required to inflate the pneumatic plugs from the above ground control panel. B. Procedures: 1. Manhole section interiors shall be carefully inspected; units found to have through-wall lift holes, or any penetration of the interior surface by inserts provided to facilitate handling, will not be accepted. Coating shall be applied after the testing unless coating is applied is applied at the factory. All lift holes and exterior joints shall be plugged with an acceptable non-shrink grout. No grout shall be placed in horizontal joints prior to testing. 2. After cleaning the interior surfaces of the manhole, the Contractor shall place and inflate pneumatic plugs in all of the connecting pipes to isolate the manhole; sealing pressure within the plugs shall be as recommended by the plug manufacturer. Plugs-and the ends of pipes connected by flexible boots shall be blocked to prevent their movement during the vacuum test. 3. The vacuum test head shall be placed on the top of the cone section or, inside of the top of the manhole cone section, and the compression seal band inflated to the pressure recommended by its manufacturer. The vacuum pump shall be connected to the outlet port with the valve open. When a vacuum of 10 inches of mercury has been attained, the valve shall be closed and the time noted. Tampering with the test equipment will not be allowed. Vacuum gauges shall not show evidence of sticking, and gauge that shows evidence of CiTy of Kerrville Standard Specifications Section 800- 6 Acceptance Testing sticking shall be replaced with a calibrated gauge prior to any additional testing. 4. The manhole shall have passed the test if the vacuum does not drop below 9 inches of mercury within 2 minutes. The actual vacuum shall be recorded at the end of the test time minutes during which the valve was closed. 5. When the standard vacuum test cannot be performed because of design or material, testing shall be performed as directed by the City Engineer. 831.02 Smoke Testing: All rings and covers shall be smoke tested by City personnel upon completion of project and prior to final acceptance. Any defects shall be repaired. 831.03 Failure to Pass the Test -- Records of Tests: If the manhole fails to pass the initial test method as described in (1) Test by the Vacuum Method, _ the Contractor shall locate the leak, if necessary by disassembly of the manhole, checking gaskets and replacing if necessary, re-lubrication and re- assembly, or Contractor may install an acceptable exterior joint sealing product on all joints and then retested. If any manhole fails the vacuum M. twice, the Contractor shall consider replacing that manhole. If the Contractor chooses to attempt to repair that manhole, the manhole must be retested until it passes. In no case shall cold applied preformed plastic gaskets be used for ~~ repair. Records of all manhole repairs/testing shall be made available to the City Engineer prior to acceptance. Any damaged or visually defective products, or any products out of acceptable tolerance shall be removed from the site. At a minimum, test records on all manholes that fail, shall include the ~~ following and shall be part of the project records turned in with the acceptance package. °+ Name of the manhole manufacturer Date tested/date re-tested Passed/failed and state what was done to correct the problem Test Method Used Location/station of manhole Precast/cast-in- place bottom Type of Coating Any repairs made to the joints. 831.04 Inspection: The City Engineer Representative shall make a visual inspection of each manhole after it has passed the testing requirements and is considered to be in its final condition. The inspection shall determine the CiTy of Kerrville Standard Specifications Section 800- 7 Acceptance completeness of the manhole; any defects shall be corrected to the City Engineer satisfaction. The City Engineer Representative may, at any time, require a calibration check of the instrumentation used. The Vacuum gauge shall have a calibration sticker within the last six (6) months. 832 Quality Testing for Installed Pipe 832.01 Laboratory Testing of Backfill -Backfill must meet the requirements as set forth in Section 600 and as shown in the standard details. During construction the backfill for sewer mains must be compacted to 95-100% Standard Proctor (ASTM D-698) for 4-10 feet of cover or 95-100% of Modified Proctor (ASTM D-1557) for more than 10 feet of cover and density tests must be taken and compared to the corresponding proctor horizontally every 100 linear feet and vertically at the following depths (depending on depth of sewer main): 2 ft, 5 ft, 7.5 ft, 10 ft, 12.5 ft. Backfill that fails a density test must be recompacted for a length and depth specified by the inspector and retested. In addition, where Moisture Sensitive Material is used as backfill (See Section 600 and standard details) the material must be within 3% (+ or -) of the optimum moisture content for the respective proctor, otherwise it will be wetted (or dried) and reworked as necessary. Backfill with too much moisture that, upon a visual inspection, shows pumping will be rejected and require drying and reworking. All tests must be done in the presence and under the direction of a city inspector. Copies of all tests must be forwarded to the City Engineer or his designated representative within two weeks of the test date. The City Engineer or a city inspector may require testing at intervals greater than described if needed. 832.02 Low Pressure Air Test of Plastic Gravity Flow Wastewater Lines: A. General: Wastewater lines shall be air tested between manholes. Backfilling to grade shall be completed before the test and all laterals and stubs shall be capped or plugged by the Contractor so as not to allow air losses, which could cause an erroneous, test result. Manholes shall be plugged so they are isolated from the pipe and cannot be included in the test. All plugs used to close the sewer for the air test shall be capable of resisting the internal pressures and must be securely braced. Place all air testing equipment above ground and allow no one to enter a manhole or trench where a plugged sewer is under pressure. Release all pressure before the plugs are removed. The testing equipment used must include a pressure relief device designed to relieve pressure in the sewer under test at 10 psi or less and must allow continuous monitoring of the test pressures in order to avoid City oFKemille Standard SpeciFcations Section 800- 8 Acceptance excessive pressure. Use care to avoid the flooding of the air inlet by infiltrated ground water. (Inject the air at the upper plug if possible.) Use only qualified personnel to conduct the test. B. Ground Water: During construction any ground water shall be noted on the approved construction drawings. If ground water is noted during construction, test holes shall be dug to the pipe zone at intervals of not more than 100 feet and the average height of ground water above the pipe (if any) shall be determined before starting the test. C. Test Procedure: The City Engineer may, at any time, require a calibration check of the instrumentation used. Use a pressure. gauge having minimum divisions of 0.10 psi. All air used shall pass through a single control panel. Clean the sewer to be tested and remove all debris where indicated. Wet the sewer prior to testing. The average back pressure of any groundwater shall be determined (0.433 psi) for each foot of average water depth (if any) above the sewer. Add air slowly to the section of sewer being tested until the internal air pressure is raised to 4.0 psig greater than the average back pressure of any ground water that may submerge the pipe. After the internal test pressure is reached, allow at least 2 minutes for the air temperature to stabilize, adding only the amount of air required to maintain pressure. After the temperature stabilization period, disconnect the air supply. Determine and record the time in seconds that is required for the internal air pressure to drop from 3.5 psig to 2.5 psig greater than the average back pressure of any ground water that may submerge the pipe. Compare the time recorded with the specification time for the size and length of pipe as given in the following table: CiTy of Kemille Standard Specifications Section 800- 9 Acceptance Testing Table For Low Pressure Air Testing of Plastic Pipe: P~pc Diameter (Inches) Minimum Time (Seconds) Length of Pipe for Minimum Time (Feet Time for Longer Length otPipe (Seconds 6 340 398 0.855(L) 8 454 298 1.520(L) 10 567 239 2.374(L) 12 680 199 3.419(L) 15 850 159 5.342(L) 18 1020 133 7.693(L) 21 1190 114 10.471 (L) 24 1360 100 13.676(L) The test may be stopped if no pressure loss has occurred during the first 25% of the calculated testing time. If any pressure loss or leakage has occurred during the first 25% of the test period, then the test shall continue for the entire test duration as outlined above or until failure. Any drop in pressure, from 3.5 psig to 2.5 prig (adjusted for groundwater level), in a time less than that required by the above table shall be cause for rejection. Low-pressure air tests must conform to the procedure described in ASTM C-924 or other equivalent procedures. 832.03 Pressured Sewer/Forced Mains Test: The use of a reduced pressure zone (RPZ) backflow prevention device shall be used when loading the force main from the city's potable water mains (see Sewer Details, Section 480). Leakage in the pressure sewer hydrostatic test shall be defined as the quantity of water that must be supplied into the pipe or any valved section thereof, to maintain pressure within 5 pounds per square inch of the specified test pressure after the air in the pipeline has been expelled. The test pressure shall be 50 psi above the normal operating pressure. The minimum test time is 4 hours. The maximum allowable leakage shall not exceed 10 gallons per inch diameter per mile of pipe per day. If the quantity of leakage exceeds the maximum amount calculated, remedial action shall be taken to reduce the leakage to an amount within the allowable limit. 832.04 Effluent/Reuse Line Pressure Testing: Shall be performed in accordance with Section 821.01 Hydrostatic Testing of Water Mains. In no City of Kerrville Standard Specifications Section 800- ] 0 Acceptance Testing case shall the allowable leakage be greater than that specified in the TNRCC Chapter 317.2. 832.05 Deflection Test: Deflection tests shall be performed on all flexible pipes. For pipelines with inside diameters less than 27 inches, a rigid mandrel shall be used to measure deflection. The test shall be conducted after the final backfill has been in place at least 30 days. No pipe shall exceed a deflection of five percent. If a pipe should fail to pass the deflection test, the problem shall be corrected and a second test shall be conducted after the final backfill has been in place an additional 30 days. "` The tests shall be performed without mechanical pulling devices. The design engineer should recognize that this is a maximum deflection criterion for all pipes and a deflection test less than five percent may be more appropriate for specific types and sizes of pipe. Upon completion of construction, the design engineer or other Texas Registered Professional "" Engineer appointed by the owner shall certify, to the City Engineer, that the entire installation has passed the deflection test. This certification may be made in conjunction with the notice of completion. _ Test(s) must be performed without mechanical pulling devices and must be witnessed by the City Engineer or his designated representative. r Any deficiencies noted shall be corrected by the Contractor and the test(s) shall be redone. w.. The rigid mandrel shall have an outside diameter (O.D.) equal to 95% of the inside diameter (I.D) of the pipe. The inside diameter of the pipe, for the purpose of determining the outside diameter of the mandrel, shall be the average outside diameter minus two minimum wall thicknesses for O.D. controlled pipe and the average inside diameter for I.D. controlled pipe, all ,_ dimensions shall be per appropriate standard. Statistical or other "tolerance packages" shall not be considered in mandrel sizing. _ The rigid mandrel shall be constructed of a metal material that can withstand 200 psi without being deformed. The mandrel shall have nine or more "runners" or "legs" as long as the total number of legs is an odd number. The _ barrel section of the mandrel shall have a length of at least 100% of the inside diameter of the pipe. A proving ring shall be provided and used for each size mandrel in use. Contractor shall submit his proposed pipe mandrels and proving rings to the City Engineer or his designated representative for concurrence prior to testing the line. Method Options: a) Adjustable or flexible mandrels are prohibited. CiTy of Kemille Standard Specifications Section 800- 11 Acceptance Testing b) A television inspection is not a substitute for the deflection test. c) A deflectometer may be approved for use on a case by case basis. d) Mandrels with removable legs or runners will be accepted. 833 WASTEWATER MAIN TELEVISION INSPECTION 833.1 DESCRIPTION: The Contractor shall furnish all labor, materials, equipment, and incidentals to provide the televising and videotaping of sewer tines and manholes utilizing a color, closed-circuit television inspection unit to determine their condition. 833.2 GENERAL: After construction of the sanitary sewer main, the newly constructed sanitary sewer shall be televised immediately upon cleaning and flushing. Any abnormalities such as, but not limited to, misaligned joints, cracked/defective pipe, rolled gaskets, shall be repaired. Sections requiring repair shall be re-televised to verify condition of repair. 833.3 EXECUTION: The Contractor shall provide a VHS videotape and logs of the televised inspection for review. The television unit shall also have the capability of displaying in color, on VHS videotape, pipe inspection observations such as pipe defects, sags, points of root intrusion, offsetjoints, service connection locations, and any other relevant physical attributes. Each tape shall be permanently labeled with the following: Project name; Date of television inspection; Name of City Inspector observing; Station to station location and size of sanitary sewer; Street/easement location; Name of Contractor; Date tape submitted; and Tape number. The Contractor shall provide a line diagram area sketch and written log for each completed segment of videotaped sewer main describing the section being televised, flow and camera direction, position of service connections, description and location of failures, pipe condition, weather conditions, and other significant observations. The television inspection equipment shall have an accurate footage counter which displays on the monitor the exact distance of the camera from the center of the starting manhole. A camera with rotating and panning lens capabilities is required. The camera height shall be centered in the conduit being televised. The speed of the camera through the conduit shall not exceed 40 feet per minute. The Contractor shall be required to have all materials, equipment, and labor force necessary to complete all videotaping on the job site prior to isolating the sewer manhole segment and beginning videotaping operations. The Contractor shall not be allowed to float the camera. There may be occasions during the televised inspection of a manhole section when the camera will be unable to pass an obstruction. At that time, and prior to proceeding, the Contractor shall contact the Project City ofKemille Standard Specifications Section 800. 12 Acceptance Testing Inspector. If the length of sewer line cannot be televised because of obstructions, the Contractor shall clean the system as is necessary. lf, in the opinion of the Inspector, the obstruction is attributed to a collapsed main or pipe deflection, televising shall be suspended. 840 STORM DRAINAGE PIPE TELEVISION INSPECTION 840.01 Laboratory Testing of Backfill -Before construction may begin sample proctors of "' the soil must be taken by a certified geotechnical lab at each location of the storm drainage pipe where the soil classification changes. During construction the backfill for storm drainage pipe must be compacted to 95-100% Standard Proctor (ASTM D- 698) for 4-10 feet of cover or 95-100% of Modified Proctor (ASTM D-1557) for more than 10 feet of cover and density tests must be taken and compared to the corresponding proctor horizontally every 100 linear feet and vertically at the "' following depths (depending on depth of storm drainage pipe): 2 ft, 5 ft, 7.5 ft, 10 ft, and 12.5 ft. Backfill that fails a density test must be recompacted for a length and depth specified by the inspector and retested. In addition, where Moisture Sensitive Material is used as backfill (See Section 600 and standard details) the material must be within 3% (+ or -) of the optimum moisture content for the respective proctor, otherwise it will be wetted (or dried) and reworked as necessary. Backfill with too much moisture that, upon a visual inspection, shows pumping will be rejected and require drying and reworking. All tests must be done in the presence and under the direction of a city inspector. Copies of all tests must be forwarded to the City - Engineer or his designated representative within two weeks of the test date. The City Engineer or a city inspector may require testing at intervals greater than described if needed. 840.02 Storm Drainage Pipe Television Inspection -Storm drain pipe shall be inspected by television in the same manner as a wastewater main per specification item 833. 850 PAVEMENT TESTING •-- 850.01 Laboratory Testing of Embankment and Sub re ade -Embankment and subgrade will be tested for density and moisture content at the rates specified in Section 200, Street Specifications. 850.02 Laboratory Testin oe f Asphalt Base and Surface -Asphalt base and surfaces courses must meet the requirements as set forth in Section 200, Street Specifications. 850.03 Laboratory Testing of Flexible Base for Concrete -Flexible base for Portland cement concrete will be tested and must meet the requirements as set forth in Section ~- 200, Street Specifications. 850.04 Laboratory Testine of Concrete Pavement -Portland cement concrete pavement wil I .- be tested and must meet the requirements as set forth in Section 200, Street Specifications. CiTy of Kerrville Standazd Specifications Section R00- 13 Acceptance Testing