~ ~~/~ 1~ }{ERRVILLE SDUTH II SPEGIAI_ ROAD DISTRICT TECHNICAL SPECIFICATIONS AND CONSTRUCTION DETAILS AUGUST 1989 1 TABLE OF CONTENTS FCf~ SPECIAL INSTRUCTIONS AND GENERAL CONDITIONS OF AGREEMENT Page SPECIAL INSTRUCTIONS TO BIDDERS 1. 2. 3. 4. 5. 6. 7. 8. 9. Receipt of Bids ................................................................................................................3 Accuracy of Bids .............................................................................................................3 Award of Contracts .........................................................................................................3 Form of Proposal ............................................................................................................3. Bid Security ...................................................................................................................3 Acceptable Surety ...........................................................................................................3 Conflicts and Ambiguities ...............................................................................................3 Reservation of Rights .....................................................................................................3 Withdrawal and Amendment ...........................................................................................3 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITION OF TERMS 1.01 1 .02 1.03 1 .04 1.05 1.06 1 .07 1 .08 1.09 Kerr County and Contractor ...........................................................................................4 Contract Documents ........................................................................................................4 Sub-Contractor ..............................................................................................................4 Written Notice ................................................................................................................4 Work ...............................................................................................................................4 Extra Work .....................................................................................................................4 Working Day ...................................................................................................................4 Calendar Day ...................................................................................................................4 Substantially Completed .................................................................................................4 2. RESPONSIBILTIES OF KERB COUNTY AND THE CONTRACTOR 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 Inspections by Kerr County ................................................................................... Payments for Work ................................................................................................ Lines and Grades ..................................................................................................... Contractor's Duty and-Superintendence ................................................................. Contractor's Understanding .................................................................................... Sanitation ............................................................................................................... Shop Drawings ........................................................................................................ Preliminary Approval ........................................................................................... Defects and Their Remedies .................................................................................... Changes and Alterations .......................................................................................... 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES ....... 5 ....... 5 ....... 5 .......5 .......5 .......5 .......6 .......6 ....... 6 .......6 3.01 Keeping of Plans and Specifications Accessible .............................................................7 3.02 Ownership of Drawings ........................••----....................................................................7 3.03 Discrepancies and Omissions .........................................................................................7 3.04 Equipment and Materials ................................................................................................7 3.05 Performance and Payment Bonds ...................................................................................7 3.06 Losses from Natural Causes ...........................................................................................7 3.07 Protection of Adjoining Property ..................................................................................7 3.08 Protection Against Claims of Sub-Contractors, etc .......................................................7 3.09 Protection Against Royalties or Patented Invention ......................................................7 3.1 0 Laws and Ordinances .......................................................................................................7 3.1 1 Assignment and Subletting .............................................................................................8 3.1 2 Indemnification ..............................................................................................................8 3.13 Certificate of Insurance .................................................................................................8 4. PROSECUTION AND PROGRESS 4.01 Time and Order of Completion ........................................................................................8 4.02 Extension of Time ...........................................................................................................8 5. MEASUREMENT AND PAYMENT 5.01 Quantities and Measurement ..........................................................................................9 5.02 Estimated G~uantities .................................................................................................... ...9 5.03 Price of Work .............................................................................................................. ...9 5.04 Partial Payment .......................................................................................................... ...9 5.05 Use of Completed Portions ........................................................................................... ...9 5.06 Final Completion and Acceptance ................................................................................. 1 0 5.07 Final Payment ............................................................................................................. 1 0 5.08 Payments Withheld ..................................................................................................... 1 0 5.09 Delayed Payments ........................................................................................................ 1 0 6. EXTRA WORK AND CLAIMS 6.01 Change Orders ..............................................................................................................1 0 6.02 Minor Changes .............................................................................:...............................1 0 6.03 Extra Work ..................................................................................................................1 0 7. ABANDONMENT OF CONTRACT 7.01 Abandonment by Contractor ........................................................................................1 1 7.02 Abandonment by Owner ...............................................................................................1 2 3 SPECIAL INSTRUCTIONS TO BIDDERS 1 . RECEIPT OF BIDS. Sealed bids will be received at the place and until the time indicated in the Advertisement for Bids. All bids received will thereupon be opened and read aloud, except as provided in Paragraph 2 below. 2. ACCURACY OF BIDS. Each bid received will be presumed to be accurate and free from error, unless clear and convincing evidence to the contrary be presented. No bid will be accepted from any bidder who shall have failed to perform in the past after being awarded a contract unless permitted by Commissioners' Court. 3 . AWARD OF CONTRACTS. The Contract will not be awarded at the bid opening, but will be awarded at a subsequent meeting of the Kerr County Commissioners' Court. The Commissioners' Court will generally award a Construction Contract to the low bidder, but is not bound to do so. In deciding whether to award the contract to a particular bidder, the Commissioners' Court will consider not only the adequacy of his equipment, his organization, his experience, his financial condition and his prior record of performance including, in particular, his prior record of performance on contracts with Kerr County. Kerr County reserves the rights to award the Contract :o any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 4. FORM OF PROPOSAL. Each bid must be submitted on the form of Proposal prescribed by Kerr County, a copy of which is included in the Contract Documents. All money amounts shall be shown both in words and in figures; in case of discrepancy, the amount shown in words will govern. 5. BID SECURITY. Each bid must be accompanied by bank cashier's check, or by a Bid Bond on the form prescribed by Kerr County, a copy of which form is included in the Contract Documents, in the amount of five percent of the largest possible total bid or bids, including consideration of alternates. Such sum will be paid to Kerr County as liquidated damages in the event that the bidder, if awarded the Contract, should fail with-in ten days following the award to execute and return the Agreement, together with the Performance and Payment Bonds (if required) with acceptable surety. 6. ACCEPTABLE SURETY. By "acceptable surety" is meant an insurance company licensed by Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of Kerr County, for faithful performance during the preceding five years of all undertakings to Kerr County 7. CONFLICTS AND AMBIGUITIES. Kerr County will not be bound by any oral or other informal explanation of the requirements of the Contract Documents. Any prospective bidder detecting a conflict or ambiguity in the Contract Documents should call the same to the attention of the County Engineer and request the issuance of clarifying addendum. 8. RESERVATION OF RIGHTS. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 9. WITHDRAWAL AND AMENDMENT. Any bidder may withdraw or amend his bid at any time before the time for closing receipt of bids. Any such amendment must be in writing and signed by the bidder. 4 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 1 .01 KERR COUNTY, and CONTRACTOR. Kerr County, and the Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. 1 .02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Special Conditions (instructions to Bidders), Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR a-~d it includes one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material nvt so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide alt materials, equipment, labor and other items necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified all materials shall be new and both workmanship and materials shalt be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well know technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by KERB COUNTY to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven(7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work or adjustment. 2. RESPONSIBILITIES OF KERR COUNTY A~~D THE CONTRACTOR 2.01 INSPECTION BY KERR COUNTY. Period'+c visits will be made to the site for familiarization of the progress of the executed work and to determine if such work meets the performance and design features and the technical and functional engineering requirements of the Contract Documents Notwithstanding any other provis;on of this agreement or any other Contract Document, KERB COUNTY shall not be in any way responsible or liable for any a~:s, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.02 PAYMENTS FOR WORK.. KERB COUNTY shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing, payment :o CONTRACTOR in such amounts. 2.0? LINES AND GRADES. Unless otherwise specified, all lines and grades shall by furnished by the CONTRACTOR. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR and shall be replaced at the CONTRACTOR'S expense. 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of the contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, methods and manner of performing such work, so long as such methods do not adversely affect the completed improvements, KERB COUNTY being interested only ;n the result obtained and conformity of such completed improvements to the pans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection fo the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of al! temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by KERB COUNTY, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the plans and specifications so that the completed construction Nork will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by KERB COUNTY shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. 5 6 2.06 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by KERB COUNTY, and their use shall be strictly enforced. 2.07 SHOP DRAWINGS. The CONTRACTOR shall submit to KERB COUNTY, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and!or setting drawings and schedules required for the work of the various trades, and KERB COUNTY shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by KERB COUNTY, file with them two corrected copies and furnish such other copies as may be needed. KERB COUNTY'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called KERR COUNTY'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by KERB COUNTY shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the pans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2.08 PRELIMINARY APPROVAL. No failure or omission of KERB COUNTY to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material; provided, however, that KERB COUNTY shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination, by KERB COUNTY, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement to proper specification shall be borne by the CONTRACTOR, otherwise the expense incurred shall be allowed as EXTRA WORK, and shall be paid for by KERB COUNTY. 2.09 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by KERR COUNTY as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.10 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that KERR COUNTY may make such change.; and alterations as KE,?R COUNTY may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part ther~:of, either before or after the beginning of the construction, without affecting the validity of tt is contract and the accompanying Performance and Payment Bonds. If the amount of work is increased, and the work can fairly be classified under specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, otherwise, such additional work shall be paid for as provided under Extra Work. 7 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.Oi KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. KERB COUNTY shall furnish the CONTRACTOR with an adequate and reasonable number of copies of alt plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by KERR COUNTY shalt not be reused on other work, and, with the exception of the signed contract sets, are to be returned upon request, at the completion of the work. 3.03 DISCREPANCIES .AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. 3.04 EQUIPMENT AND MATERIALS. The CONTRACTOR shall be responsible for the care, preservation, conservation and protection of al! materials, equipment, and parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such ~.vork, until the entire work is completed and accepted. 3.05 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by KERB COUNTY. 3.06 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to de done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.07 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, from any damage or injury by reason of said process of construction; and he shall be liable for any and al( claims for such damage on account of his failure to fully protect al! adjoining property. 3.08 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATERIAL.MEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save KERB COUNTY harmless from a!I claims growing out of the lawful demands of sub-contractors, laborers, mechanics, materialmen and furnishers of machinery and equipment parts thereof, and all supplies incurred in the furtherance of the performance of this contract. When so desired by KERR COUNTY, the CONTRACTOR shall furnish satisfactory evidence that ail obligations of the nature hereinabove designated have been paid, discharged or waived. 3.09 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shat! pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or ,owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save KERB COUNTY harmless from any loss on account thereof. 8 3.10 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with ail Federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless KERB COUNTY against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR Or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify KERB COUNTY in writing, and any necessary changes shall be adjusted as provic2d in the contract far changes in the work. if the CONTRACTOR performs any work contrary to such laws, ordinances, r;pies and regulations, and without such notice to KERB COUNTY, he shall bear all costs arising therefrom. 3.11 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of KERR COUNTY, and that no part or feature of the work will be sublet to anyone objectionable to KERR COUNTY. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shalt not relieve the CONTRACTOR from his full obligations to KERB COUNTY, as provided by this Agreement. 3.12_ INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless KERB COUNTY and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work. 3.13 INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirect~y employed by any of them, or by anyone for whose acts any of them may be liable: 3.14 CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR shall file with KERB COUNTY valid Certificates of Insurance and copy of the policy acceptable to KERB COUNTY. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given to KERB COUNTY. The CONTRACTOR shall also file with KERB COUNTY valid Certificates of insurance covering all sub-contractors. 4. PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Prcoosal; provided, also, that when KERB COUNTY is having other work done, either by contract or by his own force. The CONTRACTOR shall submit, at such times as may reasonably be requested, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of KERB COUNTY, or of any employee of either, or by other contractors employed by KERB COUNTY, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which KERB COUNTY shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by KERB COUNTY, provided, however, that the CONTRACTOR shall give KERB COUNTY prompt notice in writing of the cause of such delay. 5. MEASUREMENT AND PAYMENT 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, incfuc'ing the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amc:unt of such work done and the material furnished. 5.03 PRICE OF WORK. In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, KERB COUNTY agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and whole thereof in the manner and according to this Agreement. 5.04 PARTIAL PAYMENT. On or before the 1st day of each month, the CONTRACTOR shall prepare and submit to KERB COUNTY for approval a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of all materials delivered on the site of the work that are to be fabricated into the work. KERR COUNTY shall then pay the CONTRACTOR on or before the 15th day of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less ail previous payments and all further sums that may be retained by KERB COUNTY under the terms of this Agreement. It is understood, however, that incase the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, KERR COUNTY may pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at KERB COUNTY'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.05 USE CF COMPLETED PORTIONS. KERB COUNTY shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but >;~ch takin possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of me, or ooth, as KERR COUNTY may determine. 9 10 The CONTRACTOR shall notify KERB COUNTY when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying KERB COUNTY, the CONTRACTOR shall furnish to KERB COUNTY in writing a detailed list of unfinished work. KERB COUNTY will review the CONTRACTOR'S list of unfinished work and may add thereto such items as the CONTRACTOR may have failed to include. The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertaken whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within fen (1 ~) days after the CONTRACTOR has given KERB COUNTY written notice that the work has been completed, or substantially completed, KERB COUNTY shall inspect the work, KERR COUNTY shall issue the CONTRACTOR a Certificate of Acceptance, or advise the CONTRACTOR in writing of the reason for non-acceptance. 5.07 FINAL PAYMENT. KERR COUNTY shall pay to the CONTRACTOR on or after the 30th day, and before the 35th day, after the date of the Certificate of Acceptance, the balance due the CONTRACTOR under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. KERB COUNTY may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss. 5.09 DELAYED PAYMENTS. Should KERB COUNTY fail to make payir~ent to the CONTRACTOR of the sum named in the final statement, when payment is due, KERR COUNTY shall pa;~ to the CONTRACTOR, in addition to the sum shown as due by such statement, interest :hereon at the rate of six (6) per cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments", until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 6. EXTRA WORK AND CLAIMS 6.01 CHANGE ORDERS. Without invalidating this Agreement, KERR COUNTY rnay, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by KERB COUNTY for execution by the CONTRACTOR. The change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. 6.02 MINOR CHANGES. KERR COUNTY may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by KERB COUNTY involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to KERB COUNTY for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be~ made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) -Use unit & bid or agreement; or Method (B) - By agreed lump sum; or 11 Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. 7. ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from KERB COUNTY, or if the CONTRACTOR fails to comply with the orders of KERB COUNTY, when such orders are consistent with the Contract Document, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by KERB COUNTY or the Surety on the performance bond, or another contractor is completion of the work; and the CONTRACTOR shall not receive any rental or credit thereof (except when used in connection with Extra Work, where credit shall be allo~~ved as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials may ultimately reduce the cost to complete the work and may be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within the ten (10) days after service of such notice, then KERB COUNTY may provide for completion of the work in either of the following elective manners: 7.01.1 KERB COUNTY may thereupon employ such force of men and use such equipment, and materials as KERB COUNTY may deem necessary to complete the work and charge the expense of such labor, equipment, and materials to said CONTRACTOR, and expense so charged shall be deducted and paid by KERB COUNTY out of such monies as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. 7.01.2 KERB COUNTY under sealed bids, after a minimum of 14 calendar days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case any increase in cost to KERB COUNTY under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefor. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A completion itemized statement of the contract accounts, certified to by KERB COUNTY as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, shall pay the balance due as reflected by said statement, within (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to KERR COUNTY had the work been completed by the CONTRACTOR under the Perms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to KERB COUNTY, then all machinery, equipment, tools, materials or supplies left of the site of the work shall be turned over to the CONTRACTOR and/or his Surety. should the cost to complete the work exceed the contract price, and the CONTRACTOR and'or his Surety fail to pay the amount due KERR COUNTY within the time designated hereinabove, and there remains any equipment and materials on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the 12 CONTRACTOR and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of KERB COUNTY to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice KERB COUNTY may take possession and sell or retain such equipment and materials and apply the value derived to the credit of the CONTRACTOR and his Surety. KERR COUNTY shall release any equipment and matF vials which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case KERR COUNTY shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all equipment and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been brought into the work. And thereupon KERB COUNTY shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shalt include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit prices are used}, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. KERB COUNTY shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by KERR COUNTY and all other sums that may be retained by KERR COUNTY under the terms of this Agreement and KERB COUNTY shall pay to the CONTRACTOR on or before thirty (30} days after the date of the notification by the CONTRACTOR the balance shown by said final statements as due the CONTRACTOR, under the terms of this Agreement. NIDDI_rl' ~ P1=~i]NC3SAL i=Lif-i CuIv;~TkUC i Iu~l CuIVTRr~Cf TG: Cornrnissi _~ners' Co~_rr^t Gentlemen: Reference is made tc~ the f~~~l l~_~win^ ~lescri bed w~~rk car cc~r~str^~_tctic~r~, alter^ati~~•r~ O~ r^etsair-: /~E/Pild/G c. F ..sv UT~f /`Po'~l,o l~is~-ie/cT The under^sio_ned E{idd~r has caref~_tlly examined and c~~nsidered the site !~f the I~~•r^k ar~d r-eievar~t cc~r~diti~~ns ar~d ci rcumst ar,ces and the ~~ropc~sed C• ant Tact Doc~_tment s , i roc 1 ~_td i n^_ the Fc.r^rn of Agreement, Sched~_tie c~•r Special C~~nditi~_~ns, tier~era 1 Pr^r~V l s l Cans, Drew i n r~s ar•~d S oec i f i cat i cans Grepar-ed by Kerr^ County. Special Irrstr~_rctiar~s to F_iidders, and tt•te f~~llowin~ r~~_trnber'eo and dated addena~: the work will be completed by ~©~/L?~h,6C=~!!_~__~/9~fallawino execut i~_n cif the Agreement by N.err C• ~~_tnty. It is urrderstc~~ ~d that F'erfc~rrnance and Pavmer~t L-sands, each in the amo~_int cif 1+?~7/ cif the +~~~ntrac+. Pr^icE~, will be req~_tired if the Contract Price exceeds ~ °;, ~?~~~?: that !':err Cc~~_tnty rna_y accent this bid as late as thirty {.:,i:1) days following the date r_~f c~penino r_,f bids and that F':er-r^ County rnav waive object is ~n to ar~y ir~f~ ~r^nral ity ire s~_tbr~~issic~r~ ~ ~f bids. This Proposal is accr_,rnpar~ied by a bank. cast~ier~ s check or a E+id B~~r~d (on the fc~rrn prescribed by hierr C~~unty) mane payable to Kerr- Cc~~_tnt y i n ama~rr~t ea ~_ta 1 t o five percent cif the rnax i rn~_tm Coat Tact Pr-ice a be eve bid , wh i r_h a~_tr~i w i 1 1 be r-ece i ved ant] retained by Kerr Cc~~_rnty as 1 iy~_tidated darnanes in the event that the ~_tnder-signed Ridder^ sh~~~~_tld fail, i F awarded the Contract within ten { it>) davs thereafter' t _~ exec~_tte and ` return the Agreement, t~__yether with Peri=~~r^mar,ce and Payment ~or~ds as indicated. The under^sianed reserves the r~irtht tc~ withcJraw car amend this Pr^~.pc~sal at arty +.ime pef~•re the. time f~•r' clc~sinr? receipt ~~f ' bids. Rased ors the fc~r^enc~inr~, •~he ~_tr~der^si~ned E+idder- her-eby offers and proposes t•. per'fc~r-rn the wc~r^k. the i'~_t11 acc~~r-d with the Contract Dc~c~_rrner~ts, fc•r a C~_~rri:ract Price cc~rno~_tted as shown in the foll~~wino Nricir~p Sched~_tle, b~_tt s~_tbtect t~~ adi~_tstments as provided i n the C~ar~t Tact L1ac~_tmerrt s -1- BASE BID pf2ICING SCHEDULE Fid Itern Description Unit Itern Quar~tity__Unit_____ar~d_Written_Ur~it_Price____ ___Price ___Arnaur,t ------ ------- ---- far da11ar5 ar~d _ ____cer~ts ~_______ ~ ------------- ---- --71------------------------------------------------ --- far dc,l cars ar~d cer~t s ~__-____ ~ -------------------- - -------------------- ------r- -- - -- 320 _ 37 330 5 -- -~-Q--GV ~~ _ Zc,JQ _c a c~~2..s~ - ~--~ -- far dollars ar~d cents ~ ~ ------------ ------ -------------------- 33v ~~------~g----- ~~' .a-rs- ,J -------------------- _ /--,~c ~ -------------------- fcm -----------------------dollars ar~d __---cents ~-____-- ~---____-- --- ------- - --------------------- --------------------------------------- f ar dollars arid----------------------cents ~ $--------- PRICING SCHEDULE L{id Item Descript iar, Unit Item__ Q._iar,tity__Llr,it_____~r,d_Wri~:ten_Ur,it _Price _Price_____~maunt _YZO C3 - `~-- -~='¢- Low wgTc-_~ --~.~~4-tg--------- fc~r dnllars and _cents ~ ~ --------------------------- ---------------- ~GQ.14 ~----- - - - - ------------ --`~ - ~ - -1~---cam ---1~_.L?~~ E ----- f c• r dc.1 1 ars and cents ~_______ ~ ~c_v_~ 37~_ ~.~= _ ~----- - -- far daliars and cents ~_______ ~ -- - -------------- ------ - _yco~---~~~-----~-F -~ ------------!------------- f c~ r ------------------------------- -----..___...__.___--------___dc~ I I ars and _______cents ~ ~ TOTAL EASE E+=+ as 't~=~ ~~ivFS 'tne I_;rlcic•r^siurled a ~+rerereYltlal advantage wit; •r^esoec•t t~_+ this talc:: l-he i~idaer 1=,_(rtt-ler- certit=ies and r~et_+resE:~'rl'l;4 tt-,at E~idde'r` has rlc~v vii+lated arlY State, rederal ~.'r' l+=+Cal .Law, rl?_OI_llats 1+=+1'I i ir^ ~=+r'dlYtarlCe r'elat ln^ LC+ Or 1 DeT'y. l flla'r`+~+GL'r^ l Yrl" l l_teYlCe. C+=+.~ l llS l~=iYt c+r t l"IE? 1 1 ke FaYtd that bidder will nc+t' ir'I the rl_Ltl_lrt= ~~fii=er, C~~rlfer, ~.+r agree t=+ CanTer' E4 .']eCl_t'rllar^V bL-?YIE~t'2t Cc T" rirhE=•'r^ 't~l].YI^_ +=+T' Va~.l_lE? tC+ aYly_ otriCer, c+~+rllml=_~sl~mter, ar~errb ~+r ernolovA~= ••l= ''.err- C~+I_tn,y lr; C~~1'IYtE?Ct1~~Yl lNlth lYlY~~rTllatl~~Yl r^E_'Uc`tr-'dl'rIL_ ti,1S bed, tnE' sI_tbrlllsSl~~n C+'C thl5 a1CI, the aD'Jar`d ~+1" th1S bid ~!r` file pert~+r^r(1lnCe, dE?~.1VCrY _~r £3ci~.C' L~Ur`31_t~tnL t_+ t"115 bed. Bidaer`: Address: Bv. k It 1E?: Hate: J PERFORMANCE E{OND KNOW ALL MEN BY THESE PRESENTS: that the undersigned Pr i nc i pa I and Surety are f i rrn l y baur,d t c+ Kerr Caur,t y (KC> i n the principal Burn of ------------------------------------------------------------------ --------------------------------------- dollars (~ ). Nc+w the ec+rrditic+rr of this bond is this: that, whereas the ur,dersigr,ed Principal has entered ir,ta a certair, Contract with KC, which Cc+rrtract is dated for reference ____ __________ ___________~ whereur,der Principal urrder~takes tc+ perfc+rrn-the fallowing-described Work cif corrstr-uctic+r,, alteratic+r, c+r repair: NOW THEREFORE, if the Principal shall faithfully perform the Carrtract irr acct+r-dance with •the Cc+r,tract Dacurnents arrd shall fully indernr,ify and save harmless KC frc+rn all casts arrd damage which KC may suffer by reasr_,rr c,f Prirrcipal;'s default c+r failure to da so, and shat 1 fr_iI ly reimburse and repay KC al I c+ut lay and expense which KC may irrcr_rr irr rnakir,g good ar,y such default, then this c~bligatir_,rr shall be rrr_tlI arrd void, otherwise it shall remain in full farce and effect. Surety waives not ice a•F any change, exter,sian of t irne, alterat Tarr r_,r addit is+rr tc, the terms of the Contract ar to the Wark tc+ be per^farrned thereunder, arrd of any terrnirratiarr for the Principal's default c+f the Principal's right to proceed, and agrees ar,d stipulates that r,c+ such change, extension of time, alteratiar,, addit iarr or terrnirrat ir_.r, shall, irr anywise, affect its obI igatic+rr c+rr this bond. Principal:-------------------- ~y ---------------------------- Tit le: Date• Surety:______ ~y ----------- Title• - =------ Date: KN~7W Al_L ~~it=.N tip 1 i-1~ `Jr_ ~~fiE~Li~} i ~ : t'rlat the t_trici ei`5 i Q_ r~etl ~T^ 1 YIC 1 Ua 1. aYld t_lT^£'L" V ctT~E3 'C ]. 'r~(tl1Y G~ ~t_l'rtd t ~ ~ ~''~~?7"''r~ L.~ ~t_2'rtty t "~~.it 1 Yt the s t_c nl ~ ~ j- _ __ _ _ _.- ._- .- Naw the c~_~ncilti~~n .1= ~.fll<_: o~-end i~ ti-lis: l'na+~, whlPr^Eas the tinder~sioYted Gr^inciD~~l hes ertfi;ereci i'nt~_~ a cer~tairt C~_tntr~act with KC'wnich 1:~.~ni;Tact 1s gated r~~r, rel=er~eYtce --------____-. w'rlereurtder r'rirtci~ai t..~rtcie~r~tai:,cas t~~ r,~:r~f~c~rrn the f~tll~_twino deSCn2 QGd W~ tT~1=. ~~~'~' C~-~YiStT^t_lCt 1~!n, d1tC:'Y^dt 1~=Y'f ~!'r^ i'^ei]d1Y^: lVt-j6.1, ~f~Nt~ZLt=OK~, i~' the ~'ri.r,Cical ~stlal wF~ll ~trtd f~.ithtt_illy make payment t ~ ~ eacl-t aYtd every c i a i m~tnt t as ~i e 1= i ned i rt Article ~16~>. R`vised Civil '~t~tt}.li-•es c.~f -texas, as arnendedJ 5 t_l U iJ 1 y 1 YI ~ 1 a (7 ~!'r~ r3 Yt C2 ftl ~ \ t e Y' 1 ct 1 1 Yt D'r^ C~ St-' C t_l t 1 ~_ 'rt ~ ~ 1' t h B W ~ ~ T"~ %<. Qrrtvicied TC~T" 1'rt Scald L~=~'rt1~7~ciCt tl"1G-'Yt thl`_: ~~~711C7cZtl~~rt 5rlc"t~l t7e Yl t_: 1 1 c"l Yt Ci. V ~ ~ 7. Q : i ~ t f l r? T~ W 1 5 E' , l i, t~ h ~ .i i. T^ F' Rl ci l Yl l Yt 1" t_I ~ l T t_t i` C ° a r! d erect. ~aCtl st_~ch claimant can~lil T'tav~~ a di~r~ect riq_ht ~_~>_ acti~~n rtr, this b~•'r,d. `.Jt_lT~etV Wa1VE?S n~=~t1Ce C:~Y YtV Chairtr,e, E?>[tE~YtSliiYt ~tT tllfley a l t e r a t l~~ n G~ T~ c~ d d 1 t 1~~ Yt t~~ the t e r rt15 =~ 1" t ll L-'' C C~ Yt t t^ ct C't C~ i^ t ~~ t h 2 work t~~ be oer^r_~r~rned therct_trtder, and ..f arty +•errriinatio•rt f'c~r the Princio~~i's defa~_ilt ~_~r the ~~r^inci~~al's r^inht L•t or^~~ceed, clYid cZUrE'L-' and S't].Dtllc~te5 'Gt"(~tt YI~~ St.ICh Chcl.Y~OE?, extE'YtS1GY1 C:t7' +,ime, altel^ttl<u, G~~Cr Rrrr,,_ial Ag4renaie ~;~c:1U, i~UG , CGrnpreher,sive ~l,_~t+-+- ~rnobi le Liabi 1 ity El~•di ly Ir,~,_Iry Each Person ~~Gu, ~>i>G Each Llcc,_lrrence ~5i ~c~, `-~«~ } pr+_roer-tv Gc:YrnaL_7E? >=ach Lic_,_!r^r"enc_e *.,~liji:), (ji:)f_) -1- t v~e_r~f_ i r,s~_trartce E~f~..;I i r.`{ N~_~ Gwr,er' s fir; ~t ect i ve Liability t'~ ~d i 1 v I •r,tit ~_lry ~aL'r1 ~JCC t_lr'r'ercC•O Pr~_toerty llarna_.e Each ~,cc~_lrrer,cc Ar,n~_lal Ags~r'egate Lj~_ti ider' s kiss. ~~i_)i_f~ (_ii_ii_) ~st f~ ). r.")QC) r t_l i 1 Inst_lracie Va2t_le ~ ~f the War-k f~ U ~ l= : ~l ~ ~ D l f" ~/ ~ t ~~ l 'ri l f,l ll ftl ~ _ l rtl 1. "1: 53 '~ T L l a t] 1 1 1 1.: `/ ~ ~ t =~ a C t ll a l a fn Q ~a Yt t s t=i 1" D~~I1CV aYtd clttctC{-I c~1 C~~D_y C~1" L~fllEJrf?Ilc~ ~..C~veraL_1e IT ~RDI1Cable. The fctregalr,g CCwP_Y^c-1. qeS rnE3V rn_~t bL C:3r,CeI ~ ed, r'E?dt_tCed, restricted, 1 irni+.ed ~ ~r al i ~_twed t~ ~ exoire ~_lr,t i 1 ten days after F;L: artd the C~ ~r~tract~•r' sn::,i 1 t-rrave received writter, r,~_~t ice by req i st erect ~ ~r rrert i f i ed ma i :~ ev i d ertced by ret t_lrr, receipt . iris C.zrtiflcatr~ d~•es r,•~~t st_lpDC~rt t~~ anlertd. extend or alter the c~ average af1=~ tided by tFte ac•. eve ~~~ ~; icier. iha Irtst_lr'ance C~ trnoany isst_linq the ab~ eve p•;1 icier is: Name: Address: Marne of A~_ith~ trl ~Fd A~tc_rtt Address ~ tf A,ath~ tri red Agent AQertt' s i elepht_tr,e N,_unber: ~• gated this c~~tv oi- 1~~ i*iinirnurn E1=1`GCt ivn Lxoirat i _~r, Llr,lits _~~ I_)c3CE? .uate L1ab111tV ~Hl'Yl~tE.NT BOiVD KNuW RLL htFiV LjY 'i-yE~i= GEtE~Fi~iT;~: that the Linder^sinned Pr i nc i oa 1 aYld ~ ~_tr^E't; v c(r^E? fi 1'r^rtl l ~/ b =~t_Irtd t ~ ~ F:er^T^ L,~:~Llnt v l ~t f'.(r j' i rt the s t_~ rn r~ i= N~~w the car~diti<. Etevised C: i.~: i 1 '~~t~Itt_~i•es cif "Texas, as arnendedj sI_tpplyirlg iab~~r• and material irI c~r~~sec~-iti•~n ~.r the w. .r^k. pr^r'tVlded fi~ ~7^ ].Yi sald ~~=~'rttr'aCt theYl thls ~ ~L7' 1 nat 1~ ~Yt sh~l 1 be rII_il l and v• ~ici ; ~ ether^wise, ii, ehal l remain i rt f~_il .l f _~rce and effect. Each sI_ich clazrn~int =>nall nave a direct riU_ht .•f act i an ~ to this band . Surety wa1VeS YI~_~t ice <CteYISl~ ~Yt ~=tf t Irfle~ alter^dtl~~Yt ~=t r` aC]d2t2~~YI t~~ the terrtls ~!T t3-le C~~iltr'clCt ~tr^ tt~ the work tc~ be perf~~r^rned there~:nder, and of anv terrninatian far the Principal's defal_~lt i_~1= the Principal's rinht t.• or~~~ceed, ctYld c-lUr^E'e ctYid st 1 Dll1 at E?s that YID ~ ~~I-lC~'l Cr"ianne~ eY,t eYls1 Qn C~ r' time, a l t erat l ~!n, ad d i t t y ~•rt Can ter^f~1 l rlat 2 an shall , i n anyw i tee, af•rect its nblioati_~n c~;~t this L-;_~nd. F+ v . Title: mate: SI_tr^et v i L~~' ' --------~-------------~--._ ____.__.____..._...___-------------------------- Tii. ie: Date: GEi~cTIf~Ii=H;'~r= CiF= Itv~UFtHtvir Ret er^eY+ce i s made t ~_~ 't ne L;~_~rrt r^.ZCt stwarded DY Y.er^r +,1~~+_tYt1:~{ a5 UV~Jr+er^ aY+d ti-~ the T~:11~~W1YICJ ~i+Y+tr^aCtt=ir^: Narne Address : ---~----------- T' ~r the T~ ~1 1' ~W 1r+C Qe ~Cr1l~eQ W~!r`I{. =~T C<, Ui:rtr Prnperty Larnar_te each Uccr_trrer~ce =~1<>c:r, ~r!.iir Annt.tal Ag4renate ~;;irir, i~~;ri> Lt~rnDrehertsive At_ttc~- 'rnobi le Liabi 1 ity B_~di 1y In1t_try Each F'er^sor+ ~~;i rU, i r~li ~ Each ucct_+rrerrce ~5~rc~, c~~rc~ Pr^r_~oer^ty Darnane tarn Uac+_trr^ertce ~,it_i~:>, t:a~:=rt:r - 1 " i~iinirnurn ijt=i=ect zvn i_xozrat ia'n Limits cif iv~e_~_~f_~r~s~_~•r~nce }?~~:1•icy_ N•.• 1_>a'~rF_ Dade Liability Uwr~er-' s ~='r~_,t ect i ve Liabi i it~/ Eic~d i 1 y I nit ~_try ~aCri UCCIi'r~r^Lrtc~ ~,r1i_)i_)~ ~,jQi=) Pr^c,oerty Larnane ~~ch ucc~_tr^r~'r,c` ~>.t)c', ~'~)`) Arir~lta l Agg'r'enate ~?)i?~ t>t)t•,) B~_ii lder' s Risk. -r~_il 1 Ins-tr-able Vat~_~e ~,T the Work 3~1 G l- E: i~t c~ ci i f v '` !tt i r. i rn ~_trn !_ i rn a. t o ~~~ t L :. a b i l i t y" t~~ a c t ~_~ a i a rn,_, ~_t r, i s cart= nc~l ic_v ar~d att~~c~~ a c~~~nv c, ;= L~rnbrel is Lcwera r.e i>= apvlicable. She f~_,reoc~ir~g coverages may roc ~t Ce cancel led, red~_tced, r^estr^icted, limited ~,r^ ali~:~wed t~~ exoir^e ~_tntil tern davs afiter i:C ar~d the Ci_~r,tract~ ~r^ rnai 1 have received written rr~_~t ice by re^ i st er^ed ,~~r cent i t i ed ma i I ev i cier~ced by ret ~_trr, receipt . iris t=;er^til=icate d~_~es n~_~t si_tpo~_~rt tc arner~d, extend ar alter the cover^ane art=c,rded b_Y t't-~e above p~~licies. ine Ir,s~.trar~ce Carnpa•r~y is~~_tinq t;~e ae~_we pc~l icier is: Address: _------------------------------------------------------------------- Name of A~_itnc~rzzed AtaE~nt: -.----..__..._---------_-_-_---------------- Address +-~f fl~_rth~~rized F'-igent' ---------•------------------------------------- Anent' s Telepnc~r~e N~_irnber: _____•_-_-.__-.__._.----.----------------__._-- r fiat ed this -----~----.-_ day c, y= 1 `~ __.__.._____- - J i q'r~~tt t.tre DRIVEWAY SCHEDULE Dipped Driveways Other Roadway Driveways W/Pipes Driveways Nixon Lane G 1-18" O Twin Spring Drive 4 4-18" O Cadringtan Drive 5 2-1~" 1 8-18" 1-~4" Madrona Drive 7 G O Spring Drive East G i-18" 1 Willow Way 4 1-18" O Lillian Drive 2 1-18" ~ O Kerrville Sc•. Drive 7 3-18" O 1-~4" Kerrville Sa. Drive ~ 1-18" O (Optional Hid) NOTES: I. Schedule denotes nurnber of each type of driveway to be installed or. each roadway. ~. Ali pipe lengths are to be a rninimurn of 2G feet Iong. SECTION U12U INSPECTION SERVICES i.U GENERAL i. i SCOPE This sectic~r, surnrnari~es the duties, respar,sibilities and lirnitatic~ns of authority of the inspector in connection with his abservatiar, ar,d inspectiar, of the work. 1.2 AUTHORITY a. Services of the ir,spectar are set forth ir, the General CnrrditiGnS of the Car,tract far Construction. in particular, the definition cif the er,gir~eer's duties provide authority far abservat ion and inspect iarr of the work. b. The ir,spectar's authority to require special inspection ar testing in cc~r,r,ectic,rr with rejected wank is also provided in the General Condit iar,s. Furtherrnare, the provisions that, upon request by the cc,rrtractc,r, the ir,spectar inspect and accept or re,~ect ar,y material fur•rrished is alsr_, granted in the General Card i t i ar,s. c. The provisic,rrs "for rernavir,g work far inspectiar by the inspector is set forth ir, the General Conditions in the paragraph car,cerr,ir,g r_-ncaverir,g c,f work. 2. U DEFINITIONS a. I r,spect ar. A representative ar the er,g i r,eer ar awrer may be assigned authority to observe ar,d inspect the work. b. Warkir,g_Day. Inspectors are rat required to work on Saturdays, Sundays, ar legal holidays. If the contractor pans work ar, a Saturday ar legal holiday, prior arrangements should be made far an inspector r,at later than iCs:UU A. M. on the working day before the Saturday c,r legal holiday. c. Ur,ir,spected_W~~rk. Any work perfarrned an a Saturday, Sunday, ar legal holiday, without benefit of an inspection may require rernava 1 and rep 1 acernent i f sc• directed by the inspect cr. RemGVa i and replacerner,t will be carnpieted at r,a additional cast. C11 ~G-1 SECTION OE1G SUBGRADE PREPARATION 1.G GENERAL 1. i SCOPE This sectior, specifies the clearing ar+d grubbing of the right-af- way and preparatiar, of the s+_~bgrade prior to the installation of the base course. 2.0 PRODUCTS The cant ract ar may use eq u i prner+t arrd rnat er i a 1 s necessary t o properly complete the requirements Hated herein. 3. C> EXECUTION 3. i SUBGRADE PREPARATION a. Clearing_and_Grubbir+g. The errt ire area selectively cleared arrd grubbed tc+ a depth of fast be 1 ow r,at ura 1 ground i n fill areas and a~ subgrade elevati~~~rr in excavated areas. brush shall be removed frarn the ROW and dispc,sed of level caper. " of the ROW shall be Hat 1 ess than cme ^,e fast below and other debris as elected by the b. Density. Subgrades shall be constructed and finished with a minimum density of 9G~G of standard proctor far in place materials ar as specified in the payment report prepared by a sails lab. The minirnurn density shall be acheived far aminimum width of 3G feet centered under the proposed base course. c. Testing. Test reports showing density compliance, from a certified testing labc~ratary, shall be submitted to the County Engineer. Minirnurn tests rnade arrd submitted shall be ane far each ~GUG square yards cif roadway crown surface with a minimum of one report per prc~~ect tIf deemed sufficient by the County Engineer ar his designated representative>. Such tests shall be by and at the expense c• f the owner. Add i t i ono 1 testing may be required and, i f necessary, will be rnade by the County Engineer and cast thereat paid by Kerr County. d. Ir,spectiarr. The subgrade shall be inspected and approved, in writing, by the County Engineer, or his designated representative, prior to the placement of any base an subject grade. GH 1 G- i SECTION t7e3O SASE MATERIAL 1. O GENERAL 1. 1 SCORE • This section specifies the furnishing and installing of 6" of carnpacted base course of crusher-r~.~n, broken 1 imestone, cal fiche, calcaec,us gravel or other gaud quality read building material. 2.0 PRODUCTS a. Source. Extract base material frarn a source approved by the Gaunty Engineer. b. Gradatian_~nd_Other_Measures. follawir,g standards: The material shall meet the Liquid 1 irnit of sai I binder Plasticity Index Linear shr-ir,kage, percent 4t7 maximum 1? maximum, 4 minimum 7 1/? maximum NOTE: Tests certifying that base material meets these specifications rnust be submitted prior to application of the material to the subgrade. 3. ~ EXECUTION 3.1 PLACEMENT On the prepared subgrade, place a rninirnurn thickness of 6 inches base material which conforms to the Kerr County Subdivision Rules and Regulations tJanuary iS84>. In those instances where the contractor may elect to use a base thickness exceeding 6 inches, additional material should be in lifts not exceeding 6 inches compacted thickness in equal increments of the total depth. a. First_Lift. Place ar, properly prepared subgrade. ti) Spread and shape sa that a finished thickness of r,r_~ mare than 6 inches is obtained. t2) Carnpleted all required rnanipuiations the same day material is deposited. b. Succeedir,g_Lifts. Place each lifts only after the preceding lifts has been finished to grade and carnpacted. Follow the same procedures as far the first lift. t:>~3C>-1 c. Mir,irnurn Thickness Of base Is Ta Be 6 Inches. d. Ir, the+se situatic+r,s when the base material is not to be overlaid with pavement, while the road base is being placed, it shall be treated with EN-1, rnar,ufactured by Raadbond Service Company, phone r,urnber: (8C>U> 541-3348. The application rate shall be as specified by the manufacturer. A copy of the manufacturers recommendations shall be provided to Kerr County. 3.2 FINISH GRADE a. Mair,tair, the shape and thickness of the course by grading. b. Achieve a smc+oth surface upon completion in conformity with typical sectic+r, and established lines and grades. t 1) Any dev iat is+r, in excess of i /4 - inch in cross sectic+r, c+r ir, a Ier,gth of 10 feet shall be corrected by loc+ser,ir,g, adding or removing root er i a 1 , resh ap i r,g and recornpact i ng by sprir,kl ir,g and rc+1 l ir,g. (2) Should tt-,e base cc+urse lc+se the required stability, density or finish before surfacing is complete, reccanpact ar,d refinish the base. c. All roadway shoulders and sides of the drainage ditches shall be rolled with a pne~_~rnatic ar flat wheel roller after final grading. d. The cc+rnpacted base rnateria2 shall be treated with 0.15 gal per square yard of Penatrating Emulsified Prime (A. E. P. Asphalt Emulsified Prirne SDHPT Specificatic+r,s) after the base material has been apprc+ved by Kerr County ar,d the day before the two course surface treatment is applied. e. prior tc+ piacir,g ar,y paved surface on the prepared base it must be treated by spraying Fer,amine tUr,ian Carbide) or approved egttivaler,t, at a rate c+f 6 - S gallar,s per 4800 square yards in 300 gallons of water. This treatment wilt be done n4 later than 24 hours prior tc+ the placerner,t c+f the paved surface. The treated area shall be r,o greater than, the area tra be covered by the paved surface. 3.3 TESTING Mir,irnurn tests made ar,d submitted shall be one far each 1500 square yards of base material placed, with a minimum of one per project. Each course c+f base material shall have a mir,imurn density of 95% of AASHQ T iSU-61 (Standard Proctor). Tests shall be made by and at the expense c+f the Cc+r,tract or. Add itior,al tests may be required. Additic+r,al tests if required, will be rrtade by the County Engineer at the expense of Kerr County. Comgl~anEe test reports sh~I I be submi~:ted pric+r t4 reguest far inseect ion of completed b?se. C>23U-:= 3. 4 INSPECTION Carnpleted base shall be inspected ar,d approved, in writing, by the County Engineer car his designated representative, prior to pl acerner,t of ar~y pavement . G23G-1 TWO COURSE SURFACE TREATMENT SECTION 0320 I. O SCOPE This item shall consist of a wearing surface composed of two applications of asphaltic material, each covered with aggregate constructed ar, the prepared base course or existing surface in accordance with these specifications. 2. O I'BATER I ALS 2.1 ASPNALTiC MATERIALS The asphaltic materials used shall canforrn to Item No. 304, "Asphalts, Oils arrd Emulsions" of State Department of Highways and Public Transpartatior, tSDHPT> 198E Standard Specifications as follows: a. CRS-2 or CRS-2h 1. First Course - applied at C~. 25 to O. 30 gal laps per square yard. 2. Second Course - applied at 0. 35 t c~ 0. 40 gai 1 or,s per sq~_~are yard. 2.2 AGGREGATE The aggregate materials shall carrfarrn to Item No. 302, "Aggregate for Surface Treatrner,ts" of SDHPT, 1982 Standard Specifications as fallaws: a. First Course - Grade 3; one (1> cubic yard per 85 t+~ 95 square yards. b. Second Course - Grade ~; one ti) cubic yard per 1 1 t~ t r_, 125 square yards. 0320-I Two caurse surface treatment shall not be applied when the air ternperat e.tre is below 65 F ar,d fai 1 ir-g, but it may be applied when the air ternperature is above 65 F and rising. Air temperature shall be taker, in the shade and away frarn artificial heat. The two caurse surface treatment shall not be applied when the ternperature of the roadway surface is belc,w 65 F. Asphalt material shall not be placed when general weather conditions, in the apinic,r, c,f the Engineer, are r,at suitable. The area to be treated shall be cleaned of dirt, dust or other deleterious root t er by sweeping ar at#~er approved met hods. The surface shall be lightly sprinkled ~ ust prior to the first application of asphaltic material, when necessary. The contractor shall be responsible far the proper preparation of all stockpile areas before aggregates are placed thereon, including leveling, cleaning of debris necessary far protection of the aggregate to prevent any car-tamir-at iar- thereof and clean up of any stockpile area at the completion of the work. All storage tanks, pipir-g, retorts, booster tanks and distributors used in staring ar handling asphaltic materials shall be kept clean ar,d i r, g aad c~ perat i r,g card i t i on at all t i roes and sha 1 1 be operated in such rnar,r,er that there will be na cantaminatian of the asphaltic material with foreign material. It shall be the responsibility of the contractor t,~ provide and maintain in good wanking order a recardir,g therrnorneter at the storage heating unit at aI 1 t irnes. Applicatic,r, temperatures will be determined by weather conditions but shall be between 150 F t~ 160 F as determined by the Engineer. The contractor shall provide all necessary facilities far determining the ternperature of the asphaltic material in all of the heating equiprner,t and ir, the distributor fur determining the rate at which it is applied and far securing uniformity at the ~ur-ctiar- of two distributor loads. The distributor shall t4ave been recently calibrated and the Engineer shall be furnished an accurate ar-d sat i sfact any record of such cal i brat i an. After beginning the wc,rk, should the rate cif the asphaltic material appear to be inappropriate, the distributor shall be adjusted to provide a satisfactory rate before proceeding with the work. Asphaltic material far- each caurse may be applied far the full width of the surface treatrner,t ir, r_,r,e application. Asphaltic material shall r,c~t be applied until immediate covering is assured. 0320-2 3. 1 F i RST COURSE Asphaltic material for the first course shall be applied an the clean surface by an approved type of self-propelled pressure distributor sc• operated as to distribute the material at a rate of 0.25 to 0.30 gallons per square yard ar as directed by the Engineer, evenly ar~d smoothly, under a pressure necessary far proper distribution. Aggregate far the first course shall be immediately and uniformly applied and spread by are approved self-propelled continuous feed aggregate spreader, ur~Iess otherwise indicated or authorized by the Engineer in writing. The aggregate shall be applied at the appraxirnate rate of cane