it ~~ ~~ KERRVILLE SOUTH II TECHNICAL SPECIFICATIONS AND CONSTRUCTION DETAILS NOVEMBER 1989 . c~ P.~E O r r F~~~~AA~ .+ GERALD 4V. i~lE~1EFEE d I~oF..,~£ 5,9434r~ .:~wW ~: ~~ /-~y-9~ AGREEMENT FOR CONSTRUCTION CONTRACT This agreement dated for referenced this day of ~g90, between Kerr County, Texas ("KC") and the following named described Contractor: Name: Reichenau Brothers Consturction Company, Inc. Address: P• O. Box 592 Kerrville, TX 78028 Type of Organization Corporation WITNESSETH ARTICLE 1 Statement of Work, Contractor shall furnish all material, supplies, labor, service and equipment required for the following-described Work of Construction, alteration or repair: Road and Drainage Improvements for Kerrville South II Such work is described more in particular in the other Contract Documents incorporated in this Contract. ARTICLE 2 Time for completion. The work will be completed by Mav 15 1990 following execution of this Agreement by KC, such time for completion being subject to adjustment as provided in the Contract Documents. Time is of the essence on the performance of this Contract, and the Contract Price will be reduced by liquidated damages for each calendar day of unexcused delay. ARTICLE 3 Contract Documents. This contract includes the following Contracts Documents, all of which are incorporated in the Contract as parts hereof: 1. This Agreement 2. The Schedule of Special Conditions 3. The exhibits, if any, identified in the Schedule of Special Conditions 4. The General Provisions 5. The Specification and the Drawings, all as identified in the Schedule of Special Conditions, together with all addenda thereto 6. The Special Instructions to Bidders 7. The Advertisement for Bids 8. Contractor's Proposal t -1- In case of conflict between two or more of the Contract Documents, each shall prevail over others in the order of precedence above listed. ARTICLE 4 Price. For performance of the work, KC will pay to contractor a Contract Price computed as shown in the following Pricing Schedule, but subject to adjustments as provided in the Contract Documents: S E C T I O N 1 SECTION 1 PRICING SCHEDULE Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amoun- 210 1 LS Subgrade Preparation for Four thousand five hundred dollars and no cents $ $4,500.OC 230 961 CY 6" Base material compacted and in place for Five thousand two hundred eighty-five dollars and fifty cents $ 5.50 $5,285.00 320 5081 SY Two course surface treatment 20' wide for Eight thousand one hundred twenty-nine dollars and sixty cents $ 1.60 $8,129.`0 330 9 EA Paved driveways in place for Three thousand one .hundred fifty dollars and no cents $350.OOea$3,150.00 420B 1 EA Low water slab for Two thousand five hundred dollars and no cents $2,500.00$2,SOO.OC SECTION 1 PRICING SCHEDULE Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amoun 460 A 50 LF 12" Corrugated metal pipe in place for TWO hundred fifty -nine dollars and no cents $5.18 $259.00 460 C 180 LF 18" Corrugated metal pipe in place for One thousand three hundred sixty-eight dollars and nO cents $7.60 $1,368.OC dollars and cents $ $ for dollars and cents $ $ r dollars and cents $ ~ S E C T I O Nl ' SECTION 2 PRICING SCHEDULE Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amoun 210 1 LS Subgrade preparation for Eight thousand six hundred dollars and no cents $ $8,600.OC 230 744 CY 6" Base material compacted and in place fnr Three thousand four hundred seven dollars and fifty-two cents $ 4.58 $3,407.52 320 3934 SY Two course surface treatment ' 20' wide for Six thousand two hundred ninety-four dollars and forty cents $ 1.60 $6,294.0 330 1 EA Paved driveways in place Three hundred fifty dollars and no cents X350.00 $350.00 460 C 25 LF 18" Corrugated metal pipe in place for One hundred ninety dollars and nO cents g 7.60 ~ 190.00 S E C T I O N • ~ SECTION 3 ~~ PRICING SCHEDULE Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amoun- 210 1 LS Subgrade preparation for Three thousand six hundred dollars and nO cents $ $3,600.00 230 760 CY 6" Base material compacted and in place for Three thousand four hundred eighty dollars and eighty cents $ 4.58 $3,480.80 320 4019 SY Two course surface treatment 20' wide for Six thousand four hundred thirty dollars and forty cents $ 1.60 $6,430.4p 330 7 EA Paved driveways in place for Two thousand four hundred fifty dollars and nO cents $ 350.00 g~,450.00 420 B 1 EA Low water slab for Two thousand five hundred dollars and no cents $2,500.00$2,500.OC SECTION 3 PRICING SCHEDULE Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amoun 460 C 120 LF 18" Corrugated metal pipe in place for Nine hundred twelve dollars and no cents $ 7.60 $ 912.00 for dollars and cents $ $ for dollars and cents $ $ dollars and cents $ $ r dollars and cents $ $ S E C T I O N • SECTION 4 ' PRICING SCHEDULE Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 210 1 LS Subgrade preparation for Three thousand two hundred dollars and no cents $ $3,200.00 230 658 CY 6" Base material compacted and in place for Three thousand thirteen dollars and sixty-four cents $ 4.58 $3,013.64 320 3481 SY Two course surface treatment 20' wide for Five thousand five hundred sixty-nine dollars and sixty cents $ 1.60 $5,569.60 330 2 EA Paved driveways in place for Seven hundred dollars and no cents $350.OOea$700.00 420 A 1 EA Low water crossing for Six thousand five hundred dollars and no cents $6,500.00$6,500.00 • SECTION 4 PRICING SCHEDULE Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 460 C 25 LF 18" Corrugated metal pipe in place for One hundred ninety dollars and no cents $ 7.60 $190.00 460 D 65 LF 24" Corrugated metal pipe in place for Six hundred fifty-three dollars and twenty-five cents $ 10.05 $653.25 for dollars and cents for -- $ $ dollars and cents $ $ for dollars and cents $ ~ The bids for each roadway section shown in the plans for construction of road and drainage improvements for various roads in Kerrville South II ar; as follows: Written Unit Price Amount Section i for Twenty-five thousand one hundred ninety-two dollars and ten cents $ 25,192.10 Section 2 for Eighteen Thousand eight hundred forty-one dollars and ninety-two cents $ 18,841.92 Section 3 for Nineteen thousand three hundred seventy-three dollars twenty cents $ 19,373.20 and Section 4 for Nineteen thousand eight hundred twenty-six dollars and forty-nine cents $ 19,826.49 Total cost for construction of Road and Drainage Improvements for Kerrville South II is Eighty-three thousand, two h~uzdred thirty-three Do 1 1 ars and seventy-one cents ( 83 , 233.71) Kerr Co ty dy: C my Judge Date of Execution: M+.tf ~ f' ATTEST Kerr County Cle k Reichenau Bros. Co st. o. Inc. CO~dTRAC7 R By. Title. ~~~, -~ ey. Title: STATE OF TEXAS COUNTY OF KERR Before me, a notary public, on this day personally appeared ~Jerx~z_Aei~hen~>> known to me to be the person whose name is subscribed to the foregoing contract and, being by me first duly sworn, declared that the statements therein contained are true and correct. Given under my hand and seal of office this 25 _ day of ,fan 1986. ~~ Notary Public Signat e (SEAL) Barbara Irby... Printed or Typed Name My Commission expires 11/tea/~2 TABLE OF CONTENTS FAR SPECfAL INSTRUCTIONS AND GENERAL CONDITIONS OF AGREEMENT SPECIAL INSTRUCTIONS TO BIDDERS Page 1 . Receipt of Bids ................................................................................................................3 2. Accuracy of Bids .............................................................................................................3 3 . Award of Contracts .........................................................................................................3 4. Form of Proposal ............................................................................................................3. 5 . Bid Security ...................................................................................................................3 6. Acceptable Surety .................................; .........................................................................3 7. Conflicts and Ambiguities ...............................................................................................3 8. Reservation of Rights .....................................................................................................3 9. Withdrawal and Amendment ...........................................................................................3 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITION OF TERMS 1 .01 Kerr County and Contractor ...........................................................................................4 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 1 .02 Contract Documents .................................................. ......................................................4 1.03 Sub-Contractor ........................................................ ......................................................4 1 .04 Written Notice .......................................................... ......................................................4 1.05 Work ......................................................................... ......................................................4 1 .06 Extra Work ............................................................... ......................................................4 1.07 Working Day ............................................................. ......................................................4 1 .08 Calendar Day ............................................................ .......................................................4 1 .09 Substantially Completed ........................................... ......................................................4 2. RESPONSIBILITIES OF KERR COUNTY AND THE CONTRACTOR I 2.01 Inspections by Kerr Couniy .................................... .......................................................5 2.02 Payments for Work ................................................. .......................................................5 2.03 Lines and Grades ...................................................... .......................................................5 2.04 Contractor's Duty and Superintendence .................. .......................................................5 2.05 Contractor's Understanding ..................................... .......................................................5 2.06 Sani~tation ................................................................ .......................................................5 2.07 Shoff Drawings ......................................................... .......................................................6 2.08 Preliminary Approval ............................................ .......................................................6 2.09 Defects and Their Remedies .................................... ........................................................6 2.1 0 Changes and Allerations.. ........................................ ........................................................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 Perfolrmance and Payment Bonds ...................................................................................7 f 2~ 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 Inveniion ......................................................7 3.1 0 Laws acid Ordinances .......................................................................................................7 3.1 1 Assignment and Subletting .............................................................................................8 3.1 2 Indemniiication ..............................................................................................................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 Quantities .......................................................................................................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 i 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 io 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 to any bidder ai any time within thirty days after the opening of the bids and io 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. B-D 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 largess possible total bid or bids, including consideration of alternates. Such sum will be paid to Kerr County as liquidated damages in the event tha; 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 surely, and having an unblemished record, in the opinion of Kerr County, for faiil~ful 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 io 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 lime before the lime 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 KERB 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 and ii 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 not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or io 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 all 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 shall be of a good quality. The CONTRACTOR shall, ii required, furnish satisfactory evidence as to the kind and qualify 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 standard::. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be underst:~od to mean and include all work that may be required by KERB COUNTY to be done by the CONTRA~.TOR 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 o- 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~JD THE CONTRAC;TOR 2.01 INSPECTION BY KERB COUNTY. Periodic 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 provision of this agreement or any other Contract Document, KERB COUNTY shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the 5 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.. KERR COUNTY shall review CONTRACTOR'S applications for payment and supporting data, determine tl~e amount owed to the CONTRACTOR and approve, in writing, payment to CONTRACTOR in such amounts. 2.03 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 ii 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 leis 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, KERR COUNTY being interested only in the result obtained and conformity of such completed improvements to the plans, 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 all 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 io more fully und_ersiand the plans and specifications so that the completed construction work 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 chat 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. G. 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 ~~t 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 oilier Contractor, four checked copies, unless otherwise specified, of all sf~op 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 KERB 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 plans 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 KERR COUNTY io 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 ac~:eptance upon discovery of said detective work or material; provided, however, that KERB COUN~rY shall, upon request of ?he 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 KERR 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 chances and alterations as KERB COUNTY ma~~ see fit, in the line, grade, firm, dimensions, plans or materials for the work herein contemplated, or any part ther~~ot, either before or after the beginning of the construction, without affecting the validity of it~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, ii any, established for such work under this contract, otherwise, such additional work shall be paid for as provided under Extra Work. 3. GENERAL OBLIGATIONS AND RESPONSIBIIJTIES 3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. KERB COUNTY shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all 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 shall 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 a1f 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 all materials, equipment, and parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, 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 KERR COUNTY. 3.06 LOSES FROM NATURAL CAUSES. Unless otherwise specified, aft foss 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 lake 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 all claims for such damage on account of his failure to fully protect all adjoining property. 3.08 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save KERB COUNTY harmless from all 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 all obligations of the nature hereinabove designated have been paid, discharged or waived. 3.09 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and {icense fees, and shaft 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 ai all times observe and comply wish all 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 provided in the contract for changes in the work. If the CONTRACTOR performs any work contrary to such laws, ordinances, rules 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 chat 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, shall not relieve the CONTRACTOR from his full obligations to KERR COUNTY, as provided by this Agreement. 3.12. INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless KERR 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 Prcposal; 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, v,th dales 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 T11~1E. 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 ocher contractors 9 employed by KERR 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 KERR 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 KERR 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 lenglt~, area, solid contents, number and weight only shat) be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including 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 amount 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 wish the specifications and stipulations herein contained, KERR 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 info the work. KERB COUNTY shalt then pay the CONTRACTOR on or before the 15th day of il~e current month the total amount of She approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less a1i previous payments and all further sums that may be retained by KERR COUNTY under the terms of this Agreement. 11 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, KERB COUNTY may pay a reasonable and equitable portion of the retained percentage to it~e CONTRACTOR; or the CONTRACTOR al 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 OF COMPLETED PORTIONS. KERR 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 such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. li such prior use increases the cost of or delays it~e work, tt~e CONTRACTOR small be entitled to such extra compensation, or extension of lime, or both, as KERB COUNTY may determine. ~o The CONTRACTOR shall notify KERR COUNTY when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying KERR COUNTY, the CONTRACTOR shall furnish to KERB COUNTY in writing a detailed list of unfinished work. KERR COUNTY will review the CONTRACTOR'S list of unfinished work and may add thereto such items as the CONTRACTOR may have tailed to include. The "substantial completion" of the structure or facility shall not excuse tt~e 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 tt~e Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given KERR 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. KERB 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 CONTRACTORZ. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, sf~alf relieve the CONTRACTOR of the obligation for fulfillment o1 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 tail to make payment to the CONTRACTOR of the sum named in the final statement, when payment is due, KERB COUNTY shall pa,~ to the CONTRACTOR, in addition to the sum shown as due by such stater rent, 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, whictr shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 6. F,CTRA WORK AND CLAIMS 6.01 CHANGE ORDERS. Without invalidating this Agreement, KERB COUtJTY may, 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 NfINOR CHANGES. KERB 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 io KERR COUNTY for a written Field Order. Any request by the COt~~TRACTOR 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 CONTRAC ~ OR 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 Documents, 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 if~e 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 COUtJTY 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 allowed 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 hereinbeiore provided for, within the ten (10) days alter 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 io 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 chat may thereafter at any lime 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 1o by KERR 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 dale of such Certificate of Completion. In the event the statement of accounts shows that the cost io 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 terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to KERR 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 Surely. should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due KERB COUNTY within the time designated hereinabove, and there remains any equipment and materials on the site of tl~e 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 field 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 fake possession and sell or retain such equipment and materials and apply the value derived io the credit of the CONTRACTOR and his Surety. KERB COUNTY shall release any equipment and materials which remain on the work, and belong io persons other than tt~e 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 KERB COUNTY shall tail 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 shall include the value of all work actually completed by said CONTRACTOR (a1 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. KERR COUNTY shall ti~en make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by KERB COUNTY and all other sums that may be retained by KERB COUNTY under the terms of this Agreement and KERB COUNTY shall pay to the CONTRACTOR on or before shirty (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. Chas. Schreiner Bank January 22, 1990 Irrevocable Standby Letter of Credit I~1o. 1407 l~er-r County Roaa & Bridge Dept. Kerr County Courthouse Kerrville, TX 73023 Gentlemen: For the account of Reichenau Bros. Construction Co., Inc., P. O. Boy: 592, Kerrville, TX 78029-0592, eve hereby establish in your favor our Irrevocable- Standby Letter of Credit, and authorize you to draw on us up to x33,233.71 (Eighty Three Thousand Tvao Hundred and Thirty Three Dollars and Seventy One Cents) available by your draft at sigizt. This credit is effective January 22, 1990, and will expire May 15, 1990, at your office, or if that be a non-business day, the next Nreceding business day. Any drafts drawn under this Letter of Credit must be accompanieu by this original Lotter and a written statement signed by an authorized officer of ::err County load & Bridge Dept., certifying that Reichenau Bras. Construction Co., Inc. has not performed under contract between Kerr County Road « D,ridge Dept, and Reich~nau Bros. Construction Co., Inc. We hereby enrage with you that drafts drawn strictly in cornpliance with the terms of this credit shall :aeet with clue honor upon presentation to us. All conununications with respect to this Letter of Credit r.~.ust include the nu::~ber of this Letter of Credit and should be addressed to Chas. Schreiner Banat, P. O. Box 1030, Kerrville, T~~ 73029-1030. Except so far as otherwise e,_pressly stated, the credit is subject to the Uniform Customs and Practices for Documentary Credits (1933 Revision) , International Chamber of Co~~u:~erce Brochure ldo. 400. Sin rely, ~~ ~~ ~n ~ Dennis ~t. Glene:vinkel President DRG:djf P.O. BOX 1030 KERRVILLE, TEXAS 75029-1030 (512) 89611 } - ata~ia~. CERTiFICA~"E OF INSURANCE _ ISSUE DATE (MMlDDIVV) 12-14-89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Texas Hi11s Insurance A P_BC NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 4 y EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P. O. Dra>tlrler 512 _ _ Kerrville, Texas 78029 COMPANIES AFFORDING COVERAGE COMPANY A i CODE SUB-CODE LETTER RBIJOVer Insurance COMPANY B INSURED LETTER Reichenau Brothers Construction CO COMPANY C , LETTER + P. O. Bor 592 - , Xerrville, Texas 78028 COMPANY D LETTER COMPANY E - -. -_ ..._. LETTER COYERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEL OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON DITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN , MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE ~ POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION ~ - ~~~ DATE ;MMIDDIYY) DATE (MMIDDIYY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE ~ S SOO ...._.. COMMERCIAL GENERAL LIABILITY A X 2LD 309 54 22-OZ PRODUCTS-COMP/OPS AGGREGATE: S JrOQ._._-__ 3-Z5-89 -3-15-90 CLAIMS MADE OCCUR. % PERSONAL $ ADVERTISING INJURY; S 5~ __, OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE S 5~-..__ FIRE DAMAGE (Any one fire) S SO MEDICAL EXPENSE (Any one person) S _ .. - _._.- 5 . ___. AUTOMOBILE LIABILITY COMBINED ~ ANY AUTO SINGLE S LIMIT ALL OWNED AUTOS BODILY A X SCHEDULED AUTOS AHD 313 66 34-01 3-15-89 3-15-90 IPerlperson) s 5D0 __ _ , HIRED AUTOS BODILY SOO NON-OWNED AUTOS INJURY S (per accident) GARAGE LIABILITY ~ ' PROPERTY S , DAMAGE ZOO . EXCESS LIABILITY . ._ . EACH AGGREGATE OCCURRENCE S S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND A EMPLOYERS' LIABILITY WND 278 SS O7-OZ 3-1S-S9 3-Z5-90 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIRESTRICTIONS/SPECIAL ITEMS RS: Kerrville South II Project __.. ... STATUTORY S 500 (EACH ACCIDENT) S (DISEASE-POLICY LIMIT) 500 ___. _. --- .. S SOO (DISEASE-EACH EMPLOYEE CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE lrerr County Road & Bridge EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 100 Spar 100 MAIL I.O._ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Kerrville, Texas 7502$ LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REP~SE TATIVE <~~R±~~ Texa ,~ ~,~ry~ ACORD 25-S (3/88) ~ DA CORD CORPORATION 1988 GENERAL 1.1 SCOPE This section specifies way and preparation of the base course. 2.0 PRODUCTS SECTION 0210 SUBGRADE PREPARATION 1.0 the clearing and grubbing of the right-of- the subgrade prior to the installation of The contractor may use equipment and materials necessary to properly complete the requirements noted herein. 3.0 EXECUTION 3.1 SUBGRADE PREPARATION a. Clearing and Grubbing. The entire area selectively cleared and grubbed to a depth of foot below natural ground in fill areas and o subgrade elevation in excavated areas. Brush shall be removed from the ROW and disposed of developer, of the ROW shall be not less than one ~e foot below and other debris as elected by the b. Density. Subgrades shall be constructed and finished with a minimum density of 90% of standard proctor for in place materials or as specified in the payment report prepared by a soils lab. The minimum density shall be achieved for a minimum width of 30 feet centered under the proposed base course. c. Testing. Test reports showing density cornpliance, from a certified testing laboratory, shall be submitted to the County Engineer. Minimum tests made and submitted shall be one for each 2000 square yards of roadway crown surface with a minimum of one report per project (If deemed sufficient by the County Engineer or his designated representative). Such tests shall be by and at the expense of t}~e Contractor. Additional testing may be required and, if necessary, will be made by the County Engineer and cost thereof paid by Kerr County. d. Inspection. The subgrade shall bA inspected and approved, in writing, by the County Engineer, or' his designated representative, prior to the placement of ar~y base on subject grade. 0210-1 SECTION 0230 BASE MATERIAL 1.0 GENERAL 1.1 SCOPE This section specifies the furnishing and installing of 6" of compacted base course of crusher-run, broken limestone, caliche, calcaeous gravel or other good quality road building material. 2.0 PRODUCTS a. Source. Extract base material from a source approved by the County Engineer. b. Gradation and Other Measures. The material shall meet the following standards: Liquid limit of soil binder 40 maximum Plasticity Index 12 maximum, 4 minimum Linear shrinkage, percent 7 1/2 maximum NOTE: Tests certifying that base material meets these specifications must be submitted prior to application of the material to the subgrade. 3.0 EXECUTION 3.1 PLACEMENT On the prepared subgrade, place a rninimum thicl~ness of fi inches base material which conforms to the Kerr County Subdivision Rules and Regulations (January 1984). 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 on properly prepared subgrade. (1) Spread and shape so that a finished thickness of no more than 6 inches is obtained. (2) Completed all required manipulations the same day material is deposited. b. Succeeding Lifts. Place each lifts only after the preceding lifts has been finished to grade and compacted. Follow the same procedures as for the first lift. 0230-1 c. hlinirnum Thickness Of Base Is To Be 6 Inches. d. In those situations 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, manufactured by Roadbond Service Company, phone number: (800) 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. Maintain the shape and thicF~ness of tine course by grading. b. Achieve a smooth surface upon completion in conformity with typical section and established lines and grades. (1) Any deviation in excess of 1/4 - inch in cross section or in a length of 10 feet shall be corrected by loosening, adding or removing material, reshaping and recompacting by sprinkling and rolling. (2) Should the base course lose the required stability, density or finish before surfacing is complete, recompact and refinish the base. c. All roadway shoulders and sides of the drainage ditches shall be rolled with a pneumatic or' flat wheel roller after final grading. d. The compacted base material shall be treated with 0.15 gal per square yard of Penetrating Emulsified Prime (,4.E.P. Asphalt Emulsified Prime SDHPT Specifications) after tf~e base material has been approved by Kerr County and the day before the two course surface treatment is applied. e. Prior to placing any paved surface on tt~e prepared base it must be treated by spraying Fenamine (Union Carbide) or approved equivalent, at a rate of 6 - 9 gallons per 4800 square yards in 300 gallons of water. This treatment will be done no later than 24 hours prior to the placerner~t of tt~e paved surface. The treated area shall be no greater than the area to be covered by the paved surface . 3.3 TESTING Minimum tests made and submitted shall be one for each 1500 square yardhhs of base mabterial placed, with a minimum of one per project. ~~cAA~f~~r1Se1 ~u-8 i s~Standar~l Pr odor j aveT~stsns~ia~~l d~esmat~eobygad at the expense of the Contractor. Additional tests may be required. Additional tests if required. vrill be made by tf~e County Engineer at the expense of Kerr County. Compliance test reports shall be submitted rp for to request for inspection of completed base. 0230-2 3.4 I~dSPECTION Completed base shall be inspected ar~d approved, in writing, by the County Engineer or his designated representative, prior to placement of any pavement. 0230-1 TWO COURSE SURFACE TREATMENT SECTION 0320 1.o scoPE This item shall consist of a wearing surface composed of two applications of asphaltic material, each covered with aggregate constructed on the prepared base course or ex.istir~g surface in accordance with these specifications. 2.0 MATERIALS 2.1 ASPHALTIC MATERIALS The asphaltic materials used shall cor~Fo nn to Item No. 300, "Asphalts, Oils and Emulsions" of State Department of Highways and Public Transportation (SDHPT) 1982 Standard Specifications as follows: a. CRS-2 or CRS-2h 1. First Course - applied at 0.25 to 0.30 gallons per square yard. 2. Second Course - applied at 0.35 to 0.40 gallons per square yard. 2.2 AGGREGATE The aggregate materials shall conform to Item No. 302, "Aggregate for Surface Treatments" of SDHPT, 1932 Standard Specifications as follows: a. First Course - Grade 3; one (1} cubic yard per 85 to 95 square yards. b. Second Course - Grade 5; one (1) cubic yard per 110 to 125 square yards. 0320-1 Two course surface treatment shall not be applied when the air temperature is below 65 F and falling, but it may be applied when the air temperature is above 65 F and rising. Air temperature shall be taken in the shade and away from artificial heat. The two course surface treatment shall riot be applied when the temperature of the roadway surface is below 65 F. Asphalt material shall not be placed when general weather conditions, iri the opinion of the Engirieer~, are not suitable. The area to be treated shall be cleaned of dirt, dust or other deleterious matter by sweeping or other approved methods. The surface shall be 7ight7y sprinkled just prior to the first application of asphaltic material, where necessary. The contractor shall be responsible for the proper preparation of all stockpile areas before aggregates are placed thereon, including leveling, cleaning of debris necessary for protection of the aggregate to prevent any coritanrination thereof and clean up of any stockpile area at the completion of the work. All storage tanks, piping, retorts, booster tanks and distributors used in storing or handling asphaltic materials shall be kept clean and in good operating condition at all times and shall be operated in such manner that there will be no contamination of tfie asphaltic material with foreign material. It shall be the responsibility of the contractor to provide and maintain in good working order a recording thermometer at the storage heating unit at all times. Application temperatures will be determined by weather conditions but shall be between 150 F to 160 F as determined by the Engineer. The contractor shall provide all necessary facilities far determining the temperature of the asphaltic material in all of the heating equipment and iri the distributor for determining the rate at which it is applied and for securing uniformity at the junction of two distributor loads. The distributor shall have been recently calibrated and the Engineer shall be furnished an accurate and satisfactory record of such calibration. After beginning the work, should the rate of the asphaltic material appear to be inappropriate, the distributor sf~all be adjusted to provide a satisfactory rate before proceeding with the work. Aspi~altic material for each course may be applied for the full width of the surface treatment in one application. Asphaltic material shall riot be applied until immediate covering is assured. V../~l.' 3.1 FIRST COURSE Asphaltic material for the first course shall be applied on the clean surface by an approved type of self-propelled pressure distributor so operated as to distribute the material at a rate of 0.25 to 0.30 gallons per square yard or as directed by the Engineer, evenly and smoothly, under a pressure necessary for proper distribution. Aggregate for the first course shall be immediately and uniformly applied and spread by an approved self-propelled continuous feed aggregate spreader, unless otherwise indicated or authorized by the Engineer in writing. The aggregate shall be applied at the approximate rate of one (1) cubic yard per 85 to 95 square yards or as directed by the Engineer. The Contractor shall be responsible for the maintenance of the surface of the first course until the second course is applied. The entire surface shall then be broomed, bladed or raked as required by the Engineer and shall be thoroughly rolled with pneumatic rollers. 3.2 SECOND COURSE The second course shall consist of asphaltic material and aggregate applied and covered in the manner specified for the first application. The surface shall then be broomed, bladed or raked as required by the Engineer and thoroughly rolled as specified for the first course. Asphaltic materials for the course shall be applied at the rate of 0.35 to 0.40 gallons per square yard or as directed by the Engineer. Aggregate for the second course shall be applied at the rate of one (1) cubic yard per 110 to 125 square yards or as directed by the Engineer. The contractor shall be responsible for the maintenance of the surface work the work is accepted by the Engineer. 4.0 PAYMENT The unit price bid for two course surface treatment, which prices shall be full compensation for cleaning and sprinkling the base; for furnishing, preparing, hauling and placing all materials, for rolling, for all freight involved; and for all manipulations, labor, tools, equipment cleanup, and incidentals necessary to complete the work. 0320-3 SECTION 0330 DRIVEWAYS 1.0 GENERAL SCOPE This section provides for the furnishing and installing of driveways to the right-of-way line. Construction will include furnishing base material as needed ar~d sealing finished surface with a two course surface treatment. 2.0 PRODUCTS Materials and equipment shall conform to requirements in Sections 210, 230 and 320. 3.0 EXECUTION 3.1 INSTALLATIOhI Shall conform to methods detailed iri Sections~210, 230 and 320. 3.2 MINIMUM DIMENSIONS a. Width of driveway shall conform to existing driveway width. b. Return radius of driveways shall be a miriimurn of 15 feet. 0330-1 SECTION 0460 CORRUGATED METAL PIPE 1.0 GENERAL 1.1 SCOPE This section provides for the furnishing and installing corrugated metal pipe. 2.0 PRODUCTS Shall conform to the requirements in Item t~lo. 460 of State Department of Highways and Public Transportation (SDHPT), 1982 Standard Specifications. Sloped end culverts will only be allowed with the approval of the County Engineer. 3.0 EXECUTION Shall conform to the requirements in Item No. 460 of State Department of Highways and Public Transportation (SDHPT), 1982 Standard Specifications. 4.0 PAYMENT Payment will be made under one of the following: Item No. 460A: Item No. 4608: Item No. 460C: Item No. 460D: Item No. 460E: 12 inch CMP 15 inch CMP 18 inch CMP 24 inch CMP 30 inch CMP 0460-1 SECTION 0420 CONCRETE STRUCTURES 1 .0 GE~JERAL 1.1 SCOPE This section provides for furnishing and installing concrete for construction of structures noted in the attached details. 2.0 PRODUCTS Materials and equipment shall conform to Item No. 420 and 421 of the State Department of Highways and Public Transportation (SDHPT) 1982 Standard Specifications. 3.0 EXECUTION 3.1 MATERIAL AND EQUIPMENT Shall conform to Item No. 420 and 421 of the State Department of Highways and Public Transportation (SDHPT) 1982 Standard Specifications. 4.0 PAYMENT Payment will be made under one of the following: Item No. 420A: Low I~later Crossing Item No. 4208: Low Water Slab Item No. 420C: Dipped Driveways or Roadways 0420-1 ADDENDUM N0. ONE FOP. } \ I I i I NOTE: This Detail to be used where culverts are already existing. 0' - S" (MIN) SECTION B-B N. T. S . (TYPICAL ) 1~ N0. 4 BARS AT 2' - 0" CENTERS 0' - 6 " (MIN ) 0' - 6" (MIN) DIAMETER OF PIPE SHEET 2 OF 2 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 tl~e 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 to any bidder at any time within thirty days after the opening on 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 in the Contract Documents. All money amounts shall be shown bath 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 a 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. NO ADDENDUMS WILL BE ISSUED LATER THAN THREE WORKING DAYS PRIOR TO THE LAST DAY BIDS ARE ACCEPTED. 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. f ~ ADVERTISEMENT FOR BIDS Sealed bids will be received at the Kerr County Glerk's office until 5:00 P.M., December 15 1989, at the Kerr County Courthouse, 700 Main Street, Kerrville, Texas 78028. Hids will be opened and read aloud at the Commissioner's Court 10:00 A.M., December 18 1989, for the following: Roadway Construction for the Kerrville South II Raad District. The Bids shall include Twin Springs Drive and Kerrville South Drive. Copies of Drawings, Specifications and other Contract Documents are on file in the office of the County Engineer located at 101 Spur 100, Kerrville, Texas 78028. These documents are open for public inspection and may be obtained at that location. "SEALED BID" must be noted on the envelope. KERB COUNTY ROAD S BRIDGE ^EPARTMENT Gerald W. Menefee, P E. County Engineer Relchenau~Bros. 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