ORDER N0. 18689 MOTION TO AUTHORIZE GERALD MENEFEE, ROAD ENGINEER, TO ADVERTISE FOR SEALED BIDS FOR OAKRIDGE ESTATES ROAD DISTRICT, SUMMERHILL/BALL DRIVE ROAD DISTRICT, INGRAM FILL ROAD DISTRICT, HERITAGE PARK I & II ROAD DISTRICT On this the 19t.h day of May 1989, upon motion made by Commissioner Ray, seconded by Commissioner Baldwin, the Court unanimously approved Gerald Menefee, Road Engineer, to advertise for sealed bids for the following Road Districts: Oakridge Estates Road District Summerhill/Ball Drive Road District. Ingram Hill Road District Heritage Park I & II Road District Said advertisement. is to run Wednesday, May 2.4, 1989 and bids are to be received by 9:00 o'r,lock A.M. on Thursday, ,June 8, 1989. Bids will be opened at Special Commissioners' Court to be held on Thursday, June 8, 1989 and will be awarded on ~7une 12, 1989. Kerrville Daijy Times Wednesday, May 24, 1989 Sealed bids ~wiltbe received on Thunsdoy June Sth,19fl9 until 9:OO A.fu1. in the office of the Kerr County Clerk located at the• Kerr County Courthouse, 700 Main St., Kerrville, Texas. The bids will be publicly.opened and read aloud that same day at the meeting of fhฎ Com- missioner's court at 1:00 P.M:, for the following four (d)_ each separate Road Dis- tricfProjects: 1. Summerhilt/Ball Drive 2.Oakridge Estates 3: Ingram Hill 4. Heritage Park I & II Copies of the Drawings, S~pecificat~ons ond, other Cor~irad Documents are on file in the office of the County Engineer located at 101 Spur 100 Kerrville, Texas, 7808. These documents are open for public inspection and moy be obtained for 520.00 per ro act at the same location. ~fe~e No 257-2993) TThhe bids will be awarded on Monday, June 12th, 1989 at the regular session of the Commissioners' Court of 10:00 AM. in the Kerr County Courthouse. "SEALED SID" muss be ey ~ - 1 TABLE OF CONTENTS FaR SPECIAL INSTRUCTIONS AND GENERAL CONDITIONS OF AGREEMENT SPECIAL INSTRUCTIONS TO BIDDERS Page 1 . Receipt of Bids ................................................................................................................ 3 2. 3 Accuracy of Bids ............................................................................................................. A f C d t 3 . war o on racts ......................................................................................................... 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 GENERALCONDITIONS OF AGREEMi=NT 1. DEFINITION OF TERMS 1 .01 Kerr County and Contractor ........................................................................................... 4 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 .OS Calendar Day ................................................................................................................... 4 1 .09 Substantially Completed ................................................................................................. 4 2. RESPONSIBILITIES OF KERR COUNTY AND THE CONTRACTOR 2.01 Inspections by Kerr County ........................................................................................... 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 Sanitation ....................................................................................................................... 5 2.07 Shop Drawings ................................................................................................................ 6 2.08 Preliminary Approval ................................................................................................... 6 2.09 Defects and Their Remedies ............................................................................................ 6 2.10 Changes and Alterations .................................................................................................. 6 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 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 2 3.06 Losses fram 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 3.10 Laws and Ordinances .......................................................................................................7 3.1 1 Assignment and Subletting ............................................................................................8 3.12 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 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 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 to any bidder at any time within thirty days after the opening of the bids and to reject any and atl 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 fait 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 al{ 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 and 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 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 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 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, 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 AND THE CONTRACTOR 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 the 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 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, 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 to more fully understand 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 that may have been in evidence during any such visitation or observation by KERR 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. 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 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 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 KERR 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 KERB 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 KERB COUNTY may make such changes and alterations as KERB COUNTY may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this 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. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 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 KERB 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 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 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 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 all claims for such damage on account of his failure to fully protect all adjoining property. 3.08 PROTECTION AGAINST CLAIMS OFSUB-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 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 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 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 KERB COUNTY, and that no part or feature of the work will be sublet to anyone objectionable to KERB 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 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 indirectly 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 KERR COUNTY valid Certificates of Insurance and copy of the policy acceptable to KERR 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 KERR 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 Proposal; 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 9 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 KERR 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, 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 shat{ 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 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 all 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, KERB 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 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. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as KERR COUNTY may determine. 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. KERR 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 ten (10) 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, KERB 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 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 payment to the CONTRACTOR of the sum named in the final statement, when payment is due, KERB COUNTY shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest thereon 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, KERB COUNTY 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 MINOR 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 to KERB COUNTY for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shalt 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 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 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 KERR 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 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 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 KERR 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 KERB 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 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 KERB 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 11 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. KERB COUNTY shall release any equipment and materials 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 KERB 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 KERR 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 {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 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 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. ~~. ~ '~.- wJ1~ ~~i.i.i7a ,~ - - .1~'._ I'VE^lJ f',J1 ~~i.4~. .i L~?~~;.•11--._ ,.. .. a _.._ -, ..~ ~ ~.~_ ... r.] OI•' LI--I\~ ~\1•.~~l~i ,I, cl iJ _ • ~ ' -' ' __ . ~ -:~ -~ . _ COL NTY ENGI \ EER '.::.:: ~ - ~, ~ ..ฐ•. .:~ _11~a_v__ 19, 1284 _ -- - :..._. ::. :. "-....~._."-~~_-------- -- -- - -- - " "' ~ ~ NSIDER ADVERTISING TOR BIDS ~N OAK C .; , .; ,:~ :: .; _. : ~ . :,•:.~,: O RiL?~,I _~S_Tr~TES i:QAD DISTRIC"I'. „ . - - _. ..~. .. _. .___. ... -." __. !.-... ..~_ - ,. .,./ .. ! ... .., __,~. _ ., ~._ ._. J ems- ..~ _ .... r. -,~~i, T ter- "- ~. ~~ , r. ~ ~~s r. , ~. - , - -~ - - ~,-- ^I"?'... ~ ~ _. _ ~~:`1 ~..!1;~~ '.~I.:iS[C~ . ' RS C "i.~'~ ] ~.i`.' 1`: ~, s.t-.C)U1?S t C"i,i.,: 1~L l fi l`a' Sfi l:,d l/ 1. -Ill ~[~~cl t~~1~i JF,l.~ .. t~,.r•_ L~~i')I l'.,7 j~' A`F~ CJ 1:1'.~li l_~:)T !i!~.~ _ __G.. _Iv1I:N F_.F~__- _ .-- - ' ~ .. ~ . ~ .. _OOL 4T-~L~ f~I ~LEliR--- - - -----_ ___-- ;" _.~~ :. ~ .~~;`~' -' I~1AY 19, 1989 . ~' . ~ : . ":"'.... ._ _,. ~. L.., . -.... _ ~. , ;i: '` -'-"'._,. ;;:~ "s' ":i: ,_. CONSIDER AD~~E:R'IISING FOR BIDS ON Sli1t4MERHILL ESTATES ROAD DISTRICT. F _ ._ , __ _ • .. .. S i ~ . ... - .. ... .. ...: t ~ _ :. _ .....-x~-- _ - .._.._. _ _-. -.. - .. _ ,._~.._.... .~._ ~___. c ... _ .~ ~. _. __ .. ,~ . T ฃ' - ~ r - -• .. - .~%!~ .- _1 i~i~ r: ;I1 \J:.t. ..... r "`i: ~ .'~~.{'t',~ 1~ r.. ~i\L-j __.___._ __-- . . _ _-__ __ _..~___ __. _. __..___ ~. ~._~ -. -- ____ _ - .._ _._- - __ __.___ __• i • iii' ___~__-_ ., ., , . - ' ^" - G. 1IF.NEt~ EE ~ ~ . ^,~:: COCN'TY L?NGINEER .., . . ' MAY i .. ..; . __-, ,.. _-, _-. ~- , -.. .._.__,. _.-. CONSIDL:R ADVERTISING FOR LIDS ON ,. - : ,~. •. - - INGRAh1 HILLS ROAD DISTRICT. _,.. _... .. _. ._ ~_ _.~I' ~.... ,.. YL.,t tr~._ ... _~_.s_ ~. -. .: -~ "'1'-~.1 •.-!r -P9* ~'~` _,_.1 v._1 .~~ J ' _ .. ~ .._ ... , -~,~.. .y .. J~=Lv .eu .. ... r~. a'_~. ~-~. ~~% ..' . ___.. 3. _...~_e -.._~ ~_~~ ._. __,_~ ._ -. _. _ L'n.-.. .-.,-.. ,.-- -~ ~T; ฐ .'' ~~ ~ a e .mss`-4~. ~ L~ ~ uos_ ~ _ i. ~_... _~ __ซ^,~ ~ _ >: . _. _ ~ ~ -- ... . .. _ .. _._ . r ~ '. ~'~7 F `- 'v ~ ~~ ~ ~i' ~ '.P . ~ >~ ~_ f/%t~ Fie ! _.~_ C-.i~~`~ ..~. .,... J ~ _' ,_... . .....a . .. _ _.._ _ ,~~ _ _ -, _ _ f. ; .fir n -"3`>- "'T r •-• ^:_ _ , ,:~ Jr .->r '.:~ ~ `~ ~.~ ~:~ ฐ :.` '~f } i l,i!`aiJ -'1,T ?:.~ ......>~L'~ L , ` _ ~. . , L,ly~~~ ti `s~„~+, ~`~~ CCL~;:I !~l ~ItiT?~r~e. EZn'.`i;J~Jt:_i~ .C~f1~3 i'. ~~i; .J LJ l'., ~1 ~~7T. . ilt, r_ ~ 1- -~n `~..~~, .. hS' 'li t S I~.F`'~: ._,'.. ~1: :s Lei a~ v`~'~.. _~i .. _... .:) i~~:r _i'. ~... _.. 1 : ~ ' ~ :~ ' ~` '_ R4ENEFF.E G ' : '.-'iC COUNTY ENGINEER . . . _ _ . _..Y..- _ -,-, . • i~1AY 19s 1989 - -- -- - --- -- - --- ---- ,..._, ;_.~,.., ,.+ : ,- ~ `;F=_, ~: ~',~. CONSIDER ADVERTISING hOR BIDS ON HERITAGE PARK ROAD DISTRICT. . ... ~- ' f ~ .... t . ` ~.~.._ _._v..__...__.__.._ _ __._ r ~ > t~i?t- :~t~~_s-,.~',. r- 1~1:~.;v `..ซ._, ... ~ _.P:rT.~i _.. ~:~ ._...._. P~r.i..%i~v-a ~ ~i"~'-_~'Lan..."'_~_~~~ !~ ... ._. ._..-..:iti~ F~' •----''~.~ .ฐ._'i. 4~s.'~_,.','R-__.~.._ I-IP_:~ -~... __ r..._l~~':-~=~~ ,. ^:*~ E'~ _~ i~r~ :._ : _.._._..._. 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