ORDER HO. 20348
AUTHORIZATION FOR THE KERR COUNTY ROAD ENGINEER
TO ADVERTISE FOR BIDS FOR THE RECONSTRUCTION
OF RANCHERO RD
On this the 1st day of July 1991, upon motion made by
Commissioner Morgan, seconded by Commissioner Lackey, the
Court unanimously approved by a votes of 4-0-0 to authorize
the Kerr County Road Engineer to advertise for bids for the
reconstruction of Ranchero Rd.
COMMISSIONERS' COURT AGENDA REQUEST
*PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY:
Franklin Johnston
MEETING DATE: July 1, 1991
OFFICE: Road & Bridge
TIME PREFERRED
a.m.
SUB~IECT: ~ PLEASE BE SPECIFIC) Consider Advertising for Bids on
Reconstruction of Ran _hP_Tn Rnat~ _
EXECUTIVE SESSION REQUESTED: YES
^PLEASE STATE REASON
if needed NO
ESTIMATED LENGTH OF PRESENTATION: 20 minutes
PERSONNEL MATTER - NAME OF EMPLOYE:
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
* Meetings held on second Monday; 12:00 P.M. previous Wednesday
~ Meetings held on Thursdays: 5:00 P,M, prevlous Thrusday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON : ~
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity, See Agenda Request
Guidelines.
~~ ~~
.. ,-,. ~~
ADVERTISEMENT FOR BiD
Sealed bids will be received at the Kerr County Clerk's office
unti 1 5:00 p.m., July 17, 1991, at the Kerr County Courthouse, 700
Main Street, Kerrville, Texas 78028. Bids will be opened and read
aloud in the Commissioner's Courtroom of the Kerr County
Courthouse, July 18, at 1:30 p.m.
Reconstruction
of
Approximately 2,100 ft.
on Ranchero Rd.
A pre-bid meeting will be held on sight Wednesday, July 10,
1991, for discussion of reconstruction work.
Copies of Specifications and other Contract Documents are on
f i 1 e i n the office of the County Engineer 1 ocated at 101 Spur 100,
Kerrville, Texas 78028. These documents are open for public
inspection and may be obtained at this location.
"Sealed Bid" must be noted on the envelope, along with Date
(July 17, 1991, 5:00 p,m.), and Name of Contractor. The bid should
include unit pricing and Bid Bond. Performance & Payment Bonds are
required for all Bids over $25,000.00. The County shall pay 90%
monthly for work completed, as outlined in Contract Documents.
The Bid will be awarded by Commissioner's Court,
July 25, 1991. Kerr County reserves the right to reject any oral l
bids.
Kerr County Road & Bridge Department
Franklin Johnston, P.E.
County Engineer
ADVERTISEMENT FOR B I D
Sealed bids will be received at the Kerr County Clerk's office
unti 1 5:00 p.m., July 17, 1991, at the Kerr County Courthouse, 700
Main Street, Kerrville, Texas 78028. Bids will be opened and read
aloud in the Commissioner's Courtroom of the Kerr County
Courthouse, July 18, at 1:30 p.m.
Reconstruction
of
Approximately 2,100 ft.
on Ranchero Rd.
A pre-bid meeting will be held on sight Wednesday, July 10,
1991, for discussion of reconstruction work.
Copies of 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 this location.
"Sealed Bid" must be noted on the envelope, along with Date
(July 17, 1991, 5:00 p.m.), and Name of Contractor. The bid should
include unit pricing and Bid Bond. Performance & Payment Bonds are
required for ail Bids over $25,000.00. The County shall pay 90~
monthly for work completed, as outlined in Contract Documents.
The Bid will be awarded by Commissioner's Court,
July 25, 1991. Kerr County reserves the right to reject any or all
bids.
Kerr County Road & Bridge Department
Franklin Johnston, P.E.
County Engineer
2o34s
o~~ ~o.
~~
p,~oglZp,T1 ~ g TO
CoUN`~ ~ g BI~g THE
~~~gUCTSON OF ~CI~
RECCN
RD
JAY tit 1991
V©1 S, Pq 292
~~
CONSTRUCTION SPECIFICATIONS
AND BIDDING DOCUMENTS
for
RECONSTRUCTION OF PART OF RANCHERO DRIVE
KERR COUNTY, TEXAS
JUNE 1991
~~
~~
~~
~~ ~BUC,~Z~~
r(~,~ Og COBS
,~
BO`S '~
1 `
Prepared by
VOELKEL ENGINEERING & SURVEYING
Kerrville, Texas
TABLE OF CONTENTS
RANCHERO DRIVE RECONSTRUCTION
Invitation to Bidders. IB
Bid Proposal BP
Agreement A
Performance Bond PB
•Payment Bond PB
Table of Contents for General Conditions TC
General Conditions GC
Special Conditions SC
Roadway Excavation and Subgrade Preparation. I
Flexible Base. II
Prime Coat III
One Course Surface Treatment IV
Hot Mix Asphaltic Concrete Pavement. V
INVITATION TO BIDDERS
Sealed Bid Proposals addressed to the KERR COUNTY COMMISSIONERS COURT will be
received at the office of the County Clerk, 700 riain Street, Kerrville, Texas 78028,
until 5:00 P.M. Wednesday, , 1991, then opened and publicly read in a
meeting of the Kerr County Commissioners Court at 2:00 P.M. ,
1991, for furnishing all labor, materials and equipment for the RECONSTRUCTION OF
PART OF RANCHERO DRIVE in Kerrville South, Kerr County, Texas.
Bid Proposals are to be submitted in duplicate on forms provided, in sealed
envelopes, and identified in the upper left corner of the sealed envelope: "BID
PROPOSAL FOR THE RECONSTRUCTION OF PART OF RANCHERO DRIVE FOR KERB COUNTY, TEXAS."
Plans, specifications and bidding documents may be secured from the office of
Voelkel Engineering & Surveying, 212 Clay Street, Kerrville, Texas 78028 (Phone
512-257-3313).
The Commissioners Court reserves the right to reject any or all Bid Proposals and to
waive informalitites in bidding. In case of ambiguity or lack of clearness in
stating the prices in any bid, they further reserve the right to consider the most
advantageous construction thereof, or to reject the Bid Proposal. The award will be
made to the bidder submitting the lowest acceptable bid.
IB: 1 of 1
AGREEMENT
STATE OF TEXAS )
COUNTY OF KERR )
THIS AGREEMENT, made and entered into this of , A. D. 1991, by
and between KERR COUNTY COMMISIONERS COURT of the County of Kerr and State of Texas,
acting through its Judge, W. G. Stacy, thereunto duly authorized so to do, Party of
the First Part, hereinafter termed OWNER, and
County of
hereinafter termed CONTRACTOR.
of the City of
and State of Texas, Party of the Second Part,
WITNESSETH: That for and in consideration of the payment and agreements
hereinafter mentioned, to be made and performed by the Party of the First Part
(OWNER), and under the conditions expressed in the surety bearing even date
herewith,~the said Party of the Second Part (CONTRACTOR), hereby agrees with the
said Party of the First Part (OWNER) to commence and complete the RECONSTRUCTION OF
PART OF RANCHERO DRIVE IN KERRVILLE SOUTH, KERR COUNTY, TEXAS
All extra work in connection therewith, under the terms as stated in the General
Conditions of the Agreement and at his own proper cost and expense to furnish all
the materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to complete the said
construction in accordance with the conditions and prices stated in the Bid Proposal
attached hereto, and in accordance with the Contract Documents prepared by VOELKEL
ENGINEERING AND SURVEYING, 212 CLAY STREET, KERRVILLE, TEXAS herein entitled the
ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER,
together with the CONTRACTOR'S written Bid Proposal, the signed Agreement and the
Performance and Payment Bonds hereto attached; all of which are made a part hereof
and collectively evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within five (5) calendar days after
the date written notice to do so shall have been given to him, and to substantially
complete the same within ( ) calendar
days after the date of the written notice to commence work, subject to such
extensions of time as are provided by the Contract Documents. Each day the
CONTRACTOR cannot work due to incliment weather may be allowed as a basis for
extension of the time for completion of the work.
THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the BID PROPOSAL, which forms a part of this Agreement, such payments to be
subject to the Contract Documents.
A-1
IN WITNESS WHEREOF, the parties to these presents hereby execute this
Agreement on this day of April, 1991.
KERR COUNTY COMMISIONERS COURT
Party of the First Part (OWNER)
Party of the Second Part (CONTRACTOR)
By:
W. G. STACY
Kerr County Judge
ay:
ATTEST:
A-2
PERFORMANCE BOND
STATE OF TEXAS )
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS: That
of the City of
County of , and State of , as
principal, and authorized
under the laws of the State of Texas to act as surety on bonds for principals, are
held and 'firmly bound unto (Owner),
in the penal sum of Dollars
($ ) for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of , 19 to
which contract is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform said Contract and shall in all respects duly and
faithfully observe and perform all and singular the covenants, conditions and
agreements in and by said contract agreed and covenanted by the Principal to be
observed and performed, and according to the true intent and meaning of said
Contract and the Contract Documents hereto annexed, then this obligation shall be
void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities
on this bond shall be determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
P/PB-1
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract, or to the work performed
thereunder, or the Contract Documents accompanying the same, shall in anywise
affect its obligation on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract, or
to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this day of , 19
Principal Surety
By By
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
P/PB-2
PAYMENT BOND
STATE OF TEXAS )
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS: That
County of
of the City of ,
and State of as
principal, and
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto
in the penal sum of
(Owner),
Dollars
($ ) for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of 19 to
which contract is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosecution of the work provided for in said contract, then,
this obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities
on this bond shall be determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract, or to the work performed
thereunder, or the Contract Documents accompanying the same, shall in anywise
affect its obligation on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract, or
to the work to be performed thereunder.
P/PB-3
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this , day of , 19
Principal
By
Title
Address
The name and address of the Resident Agent of Surety is:
Surety
By
Title
Address
P/PB-4
TABLE OF CONTENTS
FOR
GENERAL CONDITIONS OF AGREEMENT
	1. Definition of Terms	
		Page
1.01	Owner, Contractor and Engineer	G-1
1.02	Contract Documents	G-1
1.03	Sub-Contractor	G-1
1.04	Written Notice	G-1
1.05	Work	G-1
1.06	Extra Work	G-1
1.07	Working Day	G-2
1.08	Calendar Day	G-2
1.09	Substantially Completed	G-2
2. Responsibilities of the Engineer and the Contractor
2.01	Owner-Engineer Relationship	G-2
2.02	Professional Inspection by Engineer	G-2
2.03	Payments for Work	G-2
2.04	Initial Determinations	G-2
2.05	Objections	G-3
2.06	Lines and Grades	G-3
2.07	Superintendence	G-3
2.08	Contractor's Understanding	G-4
2.09	Character of Workmen	G-4
2.10	Contractor's Buildings	G-4
2.11	Sanitation	G-4
2.12	Shop Drawings	G-4
2.13	Preliminary Approval	G-5
2.14	Defects and Their Remedies	G-5
2.15	Changes and Alterations	G-5
3. General Obligations and Responsibilities
3.01	Keeping of Plans and Specifications Accessible	G-6
3.02	Ownership of Drawings	G-6
3.03	Adequacy of Design	G-6
3.04	Right of Entry	G-6
3.05	Collateral Contracts	G-6
3.06	Discrepancies and Omissions	G-6
3.07	Equipment, Materials and Construction Plant	G-7
3.08	Damages	G-7
3.09	Protection Against Accident to Employees and the Public	G-7
3.10	Performance and Payment Bonds	G-7
3.11	Losses from Natural Causes	G-7
3.12	Protection of Adjoining Property	G-8
3.13	Protection Against Claims of Sub-Contractors, etc.	G-8
TC-1
3.14 Protection Against Royalties or Patented Invention G-8
3.15 Laws and Ordinances G-8
3.1b Assignment and Subletting G-9 _
3.17 Indemnification G-9
3.18 Contractor's Liability Insurance G-9
3.19 Certificate of Insurance G-10
4. Prosecution and Progress
4.01 Time and Order of Completion G-10
4.02 Extension of Time G-10
4.03 Hindrances and Delays G-11
5. Measurement and Payment
5.01	Quantities and Measurements	G-11
5.02	Estimated Quantities	G-11
5.03	Price of Work	G-11
5.04	Partial Payment	G-11
5.05	Use of Completed Portions	G-12
5.06	Final Completion and Acceptance	G-12
5.07	Final Payment	G-12
5.08	Payments Withheld	G-12
5.09	Delayed Payments	G-13
6. Extra Work and Claims
6.01	Change Orders	G-13
6.02	Minor Changes	G-13
6.03	Extra Work	G-14
6.04	Time of Filing Claims	G-14
6.05	Arbitration	G-15
7. Abandonment of Contract
7.01 Abandonment by Contractor G-15
7.02 Abandonment by Owner G-17
TC-2
GENERAL CONDITIONS OF AGREEiIENT
I. DEFINITIONS OF TER.'~fS
1.01 OWNER, CONTRACTOR AND ENGINEER: The OWNER, the CONTRACTOR and the
ENGINEER 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. The term ENGINEER means the ENGINEER or his duly authorized
representative, understood to be the ENGINEER for the OtdNER, and nothing contained
in the Contract Documents shall create any contractual or agency relationship
between the ENGINEER and the CONTRACTOR.
I.U2 CONTR.aCT DOCi3t•~NTS: The Bid Documents snarl consist of tae Invitat_on
to Bidders, Instructions for Bidders, Bid Proposal, Agrzement, Performance a..d
Payment Bonds, General Conditions, Special Conditions, Technical Soec?=icat_ons,
Construction Drawings, and aI'_ modifications thereof incorporated in anv cr" to
documents before the execution of the agreement.
The Contract Documents are complementar;~, and what is called for by arv or.e
shall be as binding as if called for by all. In case of conflict between an~r of the
Contract Documents, priorit-~ of inter?relation steal' be in the following order:
Agreement (signed;, P°rrO~~anC_ and Pa;rment BOndS, Bld Proposes 1, Special
Conditions, Invitation to 3iceers, Ins ructions for Bidders, Technical Spe^_:=ics
tiOnS, CJP.StrilCtiOn Drawings, and General CJndltiOnS Oi t1g'_'2e'!le:lt.
1.03 SJB-CONTRACTOR: The term Sub-Contractor, as used herein, is mean- to
include only those having a direct contract with the CONTRACTOR and it inclua.es ore
who furnishes material worked to a special design according to the const_::c__cr:
drawings or specifications for this »ork, but does not include one wnc Were_•~
furnishes material not so wor'.ted.
1.04 WRITTEN NOTICE: Written notice to the CONTRACTOR shall be deemed to
have been duly served if delivered in person to the individaul or to a member o tae
firm or to an officer of the corporation for whom it is intended, or if delivered at
or sent by registered or certified mail to the last business address known to him
who gives the notice.
1.05 WORK: The CONTRACTOR shall provide and pay for all mat=rials, supplies,
machinery, equipment, tools, superintendence, labor, services, insurance, and all
water, light, power, fuel, transportation and other facilities necessary for the
execution and completiua of the work covered by the contract documents. Unless
otherwise speciried, 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 known technical or trade meaning
shall be held to refer to such recognized standards.
1.06 EYTRA WORK: The term "Extra Work" as used in this contract steal' be
understood to mean ar.d include all work that may be required by the ENGINEER or
OWNE:; to be done by the CONTR.~.CTOR to accomplish any change, alteration or addition
to the work set up by the Contract Documents, or reasonably implied by the Technical
Specifications, and not covered by Lhe CONTR.~CTOR'S Bid Proposal, except as provided
under "Chanties and Alterations" herein.
G-i
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 the control of the CONTRACTOR, will permit construction of the principal units
of the work fora period of not less than seven (7)~ hours between 7:00 a.m. and 6:00
.. P•m-
I.0$ 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 work has been made suitable for use or occupancy, or is in condition
to serve its intended purpose, but still may require minor miscellaneous work and
adjustment.
2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR
2.01 OWNER-ENGINEER RELATIONSHIP: The ENGINEER will represent the OWNER
during construction. The duties, responsibilities and limitations of authority of
the ENGINEER as the OWNER'S representative during construction are as set forth in
the Contract Documents and shall not be extended or limited without written consent
of the OWNER and ENGINEER. The ENGINEER will consult with the OWNER, and all of
OWNER'S instructions to the CONTRACTOR shall be issued through the ENGINEER.
2.02 PROFESSIONAL INSPECTION BY ENGINEER: The ENGINEER shall make periodic
visits to the site to familiarize himself generally with the progress of the
executed work and to determine if such work generally meets the essential
~~~•cfuruuu~c~ and d~•;;Ign fualures and ilia tectmlcul and functions] rn~;inccrin~;
rr~~~irc•montS of the C.~ntract Documents; provided and except, however, that the
ENGINtER shall not be responsible for making any detailed, exhaustive,
couipr~•livnslvc or continuous on-site insp~~ctioa of the quality or quantity of the
work or be in any way responsible, directly or indirectly, for the constrrction
means, methods, techniques, sequences, quality, procedures, programs, safety
precautions or lack of same incident thereto or in connection therewith.
Notwithstanding any other provision of this agreement or any other Contract
Document, the ENGINEER shall not be in any way responsible or liable for any acts,
errors, or omissions or negligence of the CONTRACTOR, any subcontractor or any of
the CONTRACTOR'S or subcontractor's agents, or employees o r any other person, firm
or corporation performing or attempting to perform any of the work.
2.03 PAYrLFNTS FOR WORK: The ENGINEER 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; such approval of payment
to CONTRACTOR constitutes a representation to the OWNER of ENGINEER'S professional
judgment that the work has progressed to the point indicated to the best of his
knowledbe, information and belief, but such approval of an application for payment
to CONTRACTOR shall not be deemed as a representation by ENGINEER that ENGINEER has
made any examination to determine how or for what purpose CONTRACTOR has used the
moneys paid on account of the Contract price.
2.04 INITIAL DETERMINATIONS: The ENGINEER initially shall determine all
claims, disputes and other matters in question between the CONTRACTOR and the OWNER
relating to the execution or progress of the work or the interpretation of the
Contract Documents and the ENGINEER'S decision shall be rendered in writing within a
G-2
reasonable time. Should the ENGINEER fail to make such decision within a
reasonable time, appeal to arbitration may be taken as if his decision had been
rendered against the party appealing.
2.05 OBJECTIONS:- In the event the ENGINEER renders any decision which, in
the opinion of either party hereto, is not in accordance with the meaning and intent
of this contract, either party may file with the ENGINEER within thirty days his
written objection to the decision, and by such action may reserve the right to
submit the question so raised to arbitration as hereinafter provided.
2.Oo LI:dES A~`ID GR_~.DES: Unless otherwise specified, all lines and grades
shall be•furnished by the ENGINEER or his representative. Sdhenever necessary,
consturction work shall be suspended to permit performance of this work, but such
suspension will be as brief as practicable and the CONTRACTOR shall be a'_iowed no
extra compensation therefor. The CONTRACTOR shall give the ENGINEER ample notice
of the time and place where lines and grades will be needed. All stakes, mars,
etc., shall be carefully preserved by the CONTRACTOR, and in case of careless
destruction or removal by him or his employees, such stakes, mar'_ts, e*_c., shall be
replaced at the CONTRACTOR`S expense.
2.07 SUPERINTENDENCE: The CONTRACTOR shall give adequate at*_ention to the
faithful prosecution and completion of this contract and shall kaep a comcetant
superintendent and any necessary assistants on the work at ail times during its
progress. The superintendent shall r?present the CONTRACTOR in his absence arc ail
directions given to him shall be as binding as if given to the CONTR.~CTOR.
The CONTRACTOR is and at all tines shall remain an independent contractor,
solel;r responsible for the manner and method of completing his work under tip:
contract, with full power and authority to select the means, method and manner or
perfo sing such work, so long as such methods do not adversely affect the completed
improvements or work of other contractors, the O:dNER and ENGINEER being interested
only in the result obtained and confor3ity or" such completed improvements with the
Contract Documents. -
The CONTRACTOR shall be solely responsible for the safety of [he improvements
being erected and the property of himself or any other person, as a result of his
operations hereunder. The Contract Documents as well as any additional info ^ ation
concerning the work to be performed passing from or through the ENGINEER shall not
be interpreted as requiring or allowing CONTRACTOR to deviate from the Contract
Documents and any other such instructions being to define with particularity the
agreement of the parties as to [he wor'.{ the CONTRACTOR is to perform. CON-TR.aCTOR
shall be fully and completely liable, at his owe expense, for design, constrsc'_ion,
installation and use, or non-use, of all items and methods incident to performance
of the agreement, 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 the Contract Documents, by the ENGINEER, or any agent,
employee, or representative of either of them, whether through personal observation
on the project site or by means of approval of shop drawings for temporary
construction or construction process, or by other means or methods, is agreed by the
CONT~~_CTOR to be for the purpose of observing the extent and nature of wor'.:
G-3
completed or being performed, as measured against the drawings and specifications
constituting the Agreement, 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 methods of the
CONTRACTOR in performing said contract, and the adequacy of any designs, plans or
other facilities for accomplishing such performance. Deviation by the CONTRACTOR
from construction drawings and technical specifications that may have been in
evidence during any such visitation or observation by the ENGINEER, or any of his
representatives, whether called to the CONTRACTOR'S attention or not shall in no way
relieve CONTRACTOR from his responsibility to complete all work in accordance with
the Contract Documents.
2.08 UNDERSTANDING OF THE CONTRACTOR: It is understood and agreed that
the CONTRACTOR has, by careful examination, satisfied himself as to the nature and
location of the work, to conformation of the ground, the character of 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. No verbal agreement or conversation with any officer, agent
or employee of the OWNER or ENGINEER either before or after the execution of this
agreement, shall affect or modify any of the terms or obligations herein contained.
2.09 CHARACTER OF WORKMEN: The CONTRACTOR agrees to employ only orderly and
competent persons, skillful in the performance of the type of work required under
the agreement, to do the work; and agrees that whenever the ENGINEER shall inform
him in writing that any person(s) on the work is in his opinion, incompetent,
unfaithful or disorderly, such person(s) shall be~discharged from the work and
shall not again be employed on the work without the ENGINEER'S written consent..
2.10 CONTRACTOR'S BUILDING: The placement of temporary structures for
housing workers, or the erection of tents or other forms of protection, will be
permitted only at such places as the ENGINEER shall direct, and the sanitary
conditions of the grounds in or about such structures shall at all times be
maintained in a manner satisfactory to the ENGINEER.
2.11 SANITATION: Necessary sanitary conveniences for the use of all persons
on the work, properly secluded from public observation, shall be provided and
maintained by the CONTRACTOR in such manner and at such points as shall be approved
by the ENGINEER, and their use shall be strictly enforced.
2.12 SHOP DRAWINGS: The CONTRACTOR shall submit to the ENGINEER, 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 andJor setting
drawings and schedules required by the ENGINEER, file with him two corrected copies
and furnish such other copies as may be needed. The ENGINEER'S approval of such
drawings or schedules shall not relieve the CONTRACTOR from responsibility for
deviations from the Contract Documents, unless he has in writing called the ENGINEER
5 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 work in accordance
with the Contract Documents and within the contract time.
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Such review by the ENGINEER shall be for the sole purpose of determining the
sufficiency of said drawings or schedules to result in finished improvements in
conformity with the construction drawings and technical specifications, and shall
not relieve the CONTRACTOR of his duty as an independent contractor as previously
set forth, it being expressly understood and agreed that the ENGINEER does not
assume an;, duty to pass upon the propriety or adequacy of such drawings or
schedules, or any means or methods reflected thereby, in relation to the safet;~ of
either person or property during CONTR-ACTOR'S perfo rnance hereunder.
2.?3 PRELZ~fIVARY APPROVdL: The ENGIVEER shall not have tae power to waive
the obligations of this Agreement for the furnishing by the COr'LR.~CTOR o` good
material, •and of his perfor~aing good work as herein described in full accordance
wi[h tae Contract Documents. Failure or omission of the ENGIVE?3 to discover,
objet*_ to or condemn any defective work or material shall not release the CO~;T ~-_CTOR
from the obligations to fully and properly perfo rn the contract, including wit :out
limitations, the obligation to at once tear out, remove and properly replace tie
same at ar.y time prior to final acceptance upon the discovery of said defective work
or material; provided, however, that the ENGINEER shall, upon request o= tie
CONTRACTOR, inspect and accept or reject any material furnished, and in event the
material has been once accented by the ENGINEER, such acceptance shall be bindi::g on
the 0:~`:i3, unless it can be clearly shos.~ that such material furni s;,ed does net mee*_
tae saeci=ications for this work.
Any questioned wor'.~c may be ordered taken up or removed for re-e:{amination bw
the E:7G~'dEER prior to final acceptance, and if found not in accordance wi~:l tie
specifications for said work, all expense of removing, rC esaminat:or. and
replacement shall be borne by the CONTRACTOR, otherwise the e:~pense this i::cur_ed
shall be allowed as EXTRA WORE, and shall be paid for by the OWNE3; provida_ taa.,
where inspection or approval is specifically required by the specifications prior
to performance of certain work should the CONTRACTOR proceed with such work wi=bout
requesting prior inspection or approval he shall bear all expense of taking up,
removing, and replacing this work if so directed by the ENGINEER.
2.1=+ DEFECTS AND THEIR RE2IEDIES: It is further agreed that if the wor'.{ or
any part thereof, or any material brought on the site of the work for use in t:!e work
or selected for the same, shall be deemed by the ENGINEER as unsui*_able or not in
conformity with the Technical Specifications, the CONTRACTOR shall, after receipt
of written notice thereof from the ENGINEER, forthwith remove such mater'_ai and
rebuild or otherwise remedy such work so that it shall be in full accordance with
this agreement.
2.15 CH_~NGES Ai:D ALTERATIONS: The CONTRACTOR further agrees that tae CWh~R
may make such changes and alterations as the OWNER may see fit, in the line, grade,
form, dimensions, plans or materials for the work herein contemplated, or ant par*_
thereof, either before or after the beginning of the construction, without
affecting the validity of this Agreement and the accompanying Performance and
Payment Bonds.
I~ such changes or alteration diminish the quantity of the wor'.{ to be done,
they shall not constitute a basis for a claim for damages, or anticipated pro :its on
the wor'_{ that may be dispensed with, except as provided for unit price items under
Section 5 "~leasurenent and Payment". If the amount of work is increased, and the
wor'.c can be classified under the specifications, such increase shall be paid for
aceardino to the quantity actually done and at the unit price, if any, established
C-5
foY such work under this contract, except as provided for unit price items under
Section 5 "Measurement and Payment"; otherwise, such additional work shall be paid
for as provided under Extra Work. In case the OWNER shall make such changes or
alterations as shall make useless any work already done or material already
furnished or used in said work, the OWNER shall pay the CONTRACTOR for any material
or Labor so used, and for any actual loss occasioned by such change, due to actual
expenses incurred in preparation for the work as originally planned.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
3.01 KEEPING PLANS AND SPECIFICATIONS ACCESSIBLE: The ENGINEER shall furn-
ish the CONTRACTOR with an adequate and reasonable number of copies of all
.construction drawings and technical 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 construction drawings, technical specifica-
tions, and copies thereof furnished by the ENGINEER shall not be reused on other
work, and with the exception of the signed contract sets, are to be returned to him
on request at the completion of the work.
3.03 ADEQUACY OF DESIGN: It is understood that the OWNER believes he has
employed competent engineers and designers. Therefore, it is agreed that the OWNER
shall be responsible for the adequacy of the design, sufficiency of the Contract
Documents, the safety of the improvements and the practicability of the operations
of the completed project; provided the CONTRACTOR has complied with the
requirements of the said Contract Documents, all approved modifications thereof,
and additions and alterations thereto approved in writing by the OWNER. The burden
of proof of such compliance shall be upon the CONTRACTOR to show that he has
complied with the said requirements of the Contract Documents, approved
modifications thereof and all approved additions and alterations thereto.
3.04 RIGHT OF ENTRY: The OWNER reserves the right to enter the property or
location on which the works herein contracted for are to be constructed or
installed, by such agent or agents as he may elect, for the purpose of inspecting
the work, or for the purpose of constructing or installing such collateral work as
said OWNER may desire. _ _
3.05 COLLATERAL CONTRACTS: The OWNER agrees to provide by separate contract
or otherwise, all labor and material essential to the completion of the work
specifically excluded from this contract, in such manner as not to delay the
progress of the work, or damage said CONTRACTOR, except .where such delays are
specifically mentioned elsewhere in the Contract Documents.
3.06 DISCREPANCIES AND OMISSIONS: It is further agreed that it is the intent
of this Agreement that all work must be done and all material must be furnished in
accordance with the generally accepted practice, and in the event of any
discrepancies between the separate contract documents, the priority of
interpretation defined under "Contract Documents" shall govern. In the event that
there is still any doubt as to the meaning and intent of any portion of the
contract, specifications or drawings, the ENGINEER shall define which is intended
to apply to the work.
G-6
3.Oi EQUIP:~fENT, MATERIALS AND CONSTRUCTION PLANT: The CONTR.~CTOR sha m be
rzspc~nsi5le foc the care, preservation, conservation, and protection of all
materials, supplies, machinery, equipment, tools, apparatus, accessories,
facilities, all means of construction, and any and all parts of the work, whe*_her
the CONTRACTOR has been paid, partially paid, or not paid for such work, until the
entire work is completed and accepted, and during any post-completion warranty
period.
3.08 DA,~AGES: In the event the CONTR.~.CTOR is damaged in the course of t!-ie
comoletion of the work by the act, neglect, omission, mistake or default or the
OW:~~R, or of the ENGINEER, or of any other COC.'TRACTOR employed by the OjvNER upor. tae
wor'_c, t:~ercby causing loss to the CJ^lTRACTOR, the OWNER agrees that he will
reimburse the C0."T2-ACTOR for such loss. In the event the OWi1ER is damagzl in the
course of the work by the act, negligence, omission, mistake or default o. tie
COiv"TR:?CTOR, or should the CONTRACTOR unreasonably delay the progress of the work
being done by others on the job so as to cause loss for which the OW..E3 becomes
liabic, then the CONTR-'_CTOR shall reimburse the OWNER for such loss.
.1.0° PROTECTION AGAI\ST ACCIDENT TO EMPLOYEES AND THE PUBLIC: The CON-
TRACTOR shall at all times esercisz reasonable precautions for the safety of
emplove~s and others on or near the work and shall comply with al' appicsb?e
provisions or Fadersl, State, and Municipal safety laws and bui_ei^g ar.d
construction codes. A'_1 machiner;~ and equipment and other physical ha~ares s;,al_
be graded in accordance with the "Manual of Accident Prevention in Constrsct_on o~
the Associated General Contractors of America except where incompa t;bie :vi_a
Federal, Statz, or ?lunicipal laws or regulations. The CONTRACTOR shat; provide
such machinery guards, safe walk «ays, ladders, bridges, gangplanks, a..c ocaer
safer;~ devices. The safe*_y precautions actually taken and their adequac_r ~,.___ be
thu sole responsibility of the CONTRACTOR, acting ac his discret:•~: ss an
independent contractor.
' 3.10 P°RFOR,'•L~NCE A1~'D P3YME:yTT BONDS: Unless otherwise speciried, ~t is
further abreed by the parties of this Agreement that the CONTRACTOR wi_'_ ax2cutz
separate performance and payment bonds, each in the sum of one hundred (.00) per
cent of the total contract price, in standard forms for this purpose, guarantaeing
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 Agreement, and it is agrz:d
that this Agreement shall not be in effect until such performance and payment bonds
are furnished and approved by the OWNER. .
Unless other rise approved in writing by the OWNER, the surzty company
under~rriting the bonds shall be acceptable according to the latest list of companies
holding certificates of authority from the Secetary of Treasury of Lae United
States.
Unless otherwise specified, the cost of the premium for the perormance and
payment bonds shall be included in the unit bid prices shown in the CON"TRAC'"OR'S Bid
Proposal.
3.11 LOSSES FROM NATURAL CAUSES: Unless otherwise specified, all Loss or
damage to the CONTRACTOR arising out of the nature of the work to be done, or from
the action of the elements, or from any unforeseen circumstance in the pros2tstion
of the same, or from unusual obstructions or difficulties which may be encountzred
in the prosecution of the work, shall be sustained and borne by the CONTZaCTOR at
his own cost and e:~pense.
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• 3.12 PROTECTION OF ADJOINING PROPERTY: The CONTRACTOR shall take proper
means to protect the adjacent or adjoining property or properties in any way
encountered, which might. be injured or seriously affected by any process of
construction to• be undertaken under this Agreement, 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. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and
ENGINEER against any claim or claims for damages due to any injury to any adjacent
or adjoining property, arising or growing out of the performance of the contract;
but any such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
3.13 PROTECTION AGAINST CLAIrLS OF SUB-CONTRACTORS, LABORERS, MATERIALMEN
AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES: The. CONTRACTOR agrees that
he will indemnify and save the OWNER and ENGINEER harmless from all claims growing
out of the lawful demands of sub-contractors, laborers, workmen, mechanics,
materialmen and furnishers of machinery and parts thereof, equipment, power tools,
and all supplies, including commissary, incurred in the furtherance of this
contract. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory
evidence, which may be an "Affidavit of Bills Paid", that all obligations of the
nature hereinabove designed have been paid, discharged or waived. If the
CONTR_?CTOR fails to do so, then the OWNER may at the option of the CONTRACTOR either
pay directly any unpaid bills, of which the OWNER has written notice, or withhold
from the CONTRACTOR 'S unpaid compensation a sum of money deemed reasonably
sufficient to liquidate any and all such lawful claims until satisfactory evidence
is furnished that all liabilities have been fully discharged, whereupon payments to
the CONTRACTOR shall be resumed in f ull, in accordance with the terms of this
agreement, but in no event shall the provisions of this sentence be construed to
impose any obligation upon the OWNER by either the CONTRACTOR or his Surety.
3.14• PROTECTION AGAINST ROYALITIES OR PATENTED INVENTION: The CONTRACTOR
shall pay all royalitie_s and license fees, and shall provide for the use of any
design, device, material or process covered by letters 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 the OWNER and ENGINEER harmless from any loss on account thereof,
except that the OWNER shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process
or the product of a particular manufacturer or manufacturers is specified or
required by the OWNER; provided, however, if choice of alternate design, device,
material or process is allowed to the CONTRACTOR, then, CONTRACTOR shall indemnify
and save OWNER harmless from any loss on account thereof. If the material or
process specified or required by the OWNER is an infringement, the CONTRACTOR shall
be responsible for such loss unless he promptly gives such information to the OWNER.
3.15 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 under this Agreement, and shall indemnify
and save harmless the OWNER and ENGINEER against any claim arising f rom 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 constrution drawings and
technical specifications are at variance therewith, he shall promptly notif y the
ENGINEER in writing, and any necessary changes shall be adjusted as provided in the
G-8
COnCr3Ct LOr CaaneeS in Cite WO rt. 1. Cale ~.~ti7Tq-aI.TOR pCr<Or~S any kOriC iCP.OC.~ln~ _t CO
be cunt=ary t0 sllCh la WS, ordinances, rules and regulations, and without suC'.^. 10C~C°
to the E`7GI:dEER, he shall bear all cost arising therefrom. In case the Ctir: rZ is a
body politic and corporate, the law from which it derives its power, insofar as the
same regulates the objects for which, or the manner in which, or tale concitions
under Which the OWNER may enter into contract, shall be controlling and stall be
considered as part of this Agreement to the same erfect as though embodied ::^.e rein.
3. 1b :~SSIGNrfE`1T A:;D Si18LcT:'T_.JG: The CONTRACTOR further agraJs toot he will
retain personal control and will give iris personal attention to the fulfill^ent of
this contract and that he will not assign by Power of Attorney, or other:~ise, or
sublet said contact without the ~~-ritten consent of the ENGINEER, and Mat o part
or feat~sre of the wor'.~c will be sucl2t to anyone objectionable to tae E?iGINEE3 or the
CtvNE:~. The CO[vTRACTvR further agrees that the subletting of anv portion or feature
O; the `.+Or{, Or mater_als required In Che per~OrmanC° Of file Agr~emenC, S c~_ nOt
r''cli2Ve `he CONTRACTOR prom EliS full Obl:aaCiOns t0 the C~i[ti ~C~, 3S provided Jl' C:113
Agreement. .
3. '_i I'•1Dc:~INIFIC.zTiO.^T: The COi+T2nC';,'GR shall defand, indemni f; ar.d hold
harmlass tae CWNER and the ENGINEER and their respecithe ofticErs, ag=^ts and
employeos, from and against all damages, claims, losses, demands, suits, jud dents
and costs, including reasonable attorney's fees and expenses, wising cut of or
r~sultinb from the per=ormanca of the wor'.ti,
O attributable to bodily injury, sickness, disease or
death or injury to or destruction of tangible property
(other than the work itself) including the loss of use
resulting therefrom; and
(2) caused in whole or in part by any negligent act or
omission of the CONTRACTOR, any Subcontractor, anyone
directly or indirectly employed by any one of them or
anyone for whose acts tray be liable, regardless of whether
or not it is caused in part by a party indemnified hereunder.
The obligation of the CONT R'.CTOR under [his Paragraph shall not e_titend to tae
liability of the ENGINEER, his agents or employees arising out of the preparat_on or
approval of maps, drawings, reports, surveys, Change Orders, designs or
specifications, or the giving of or the failure to give directions or instructions
by the ENGINEER, his agents or employees, provided such giving or failure to dive is
the primary cause of the injury or damage.
3.18 INSURANCE: The CONTRACTOR at
and keen in force such insurance as will
which may arise out of or result from
Agreement, whether such operations be by
anyone directly or indirectly employed by
any of them may be liable:
his ow-n expense shall purchase, maintain
protect him from claims set forth below
the CONTRACTOR'S operations under this
himself or by any Subcontractor or by
any of them, or by anyone for whose acts
(1) Workmen`s compensation claims, disability benefits and
other similar employees benefit acts;
(?) Claims for damages because of bodily injury, occupation-
al sic'.:ness or disease, or death of his employees, and
coverages;
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(3) Claims for damages because of bodily injury, sickness
or disease, or death of any person other than his
employees, claims insured by usual bodily injury
liability coverages, and;
(4) Claims for damages because of injury to or destruction
of tangible property including loss of use resulting
therefrom.
3.I9 CERTIFICATE OF INSURANCE: Before commencing any of the work, the
CONTRACTOR shall file with the OWNER valid Certificates of Inusrance acceptable to
the OWNER and the ENGINEER. 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 the OWNER.
4. PROSECUTION AND PROGRESS
4.01 TIME AND ORDER OF C01~'LETION: It is the meaning and intent of this
Agreement, unless otherwise herein specifically provided, 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 gars, in
accordance with this Agreement, the construction drawings and technical
specifications, and within the time of completion designated in the Proposal;
provided, also, that when the OWNER is having other work done, either by contract or
by his own force, the ENGINEER may direct the time and manner of constructing the
work done under this Agreement, so that conflict will be avoided and the
construction of the various works being done for the OWNER shall be harmonized.
The CONTRACTOR shall submit, at such times as may reasonably be requested by
the ENGINEER, schedules. which shall show the order in which the CONTRACTOR proposes
to carry on the work, with dates at which [he 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 of neglect of the OWNER or ENGINEER or of any employee of
either, or by other contractors employed by the OWNER, 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, other than weather, or
by any cause which the ENGINEER 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 the ENGINEER provided,
however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing of the
cause of such delay.
4.03 HINDRANCES AND DELAYS: No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the work is
stopped by order of the OWNER) during the progress of any portion of the work
embraced in this contract. In case said work shall be stopped by the act of the
OWNER, then such expense as in the judgment of the ENGINEER is caused by such
stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
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5. ~IE_~SURE~IE:~IT aw 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 speci_icsliy
provided.
5.02 ESTI:`1ATED QL'ANTITIr.S: This agreement, including the Technical Soecif=-
cations, Construction Drawings and est_mated quantities of wor?~c, is intended to
show clearly all material to be furnished hereunder. Where the estimated
quantities are show:l for the various classes of wor'.{ to be done and material to be
furnished under this Agreement, they are approximate and are to be used onl; as a
basis for estimating the probable cost of the work and for compiling the proposal
offered for the wor'•c. It is understood and agreed that the actual amount of weft *_o
be done and material to be furnished under this cunt=act may differ scmewhat f=om
these eStimct2S, 2:1Q t:lat where tale }JaSiS rOr payment under CCIiS COZ'iL~3Ct i3 t_~e
unit pricy method, payment s;lall be for the act;:al amount of such ;nor:c done and tae
material furnished.
Where payment is based on tae unit price method, the CONTRACTOR agrees eclat ne
*~~iil make no claim for damages, ant'_cipated profits or otherwise on accounts of an•~
d'_fferences which may be found between the quantities of wor: actually done, t:~e
material actually furnished under t:~tis contract, and the est_mated quantities
COntemplatea and contained in the Bid P:ooosal.
5.03 PRICE OF WORK: Ia consideration of tae furnishing of all the necessary
labor, equipaent and material, and t`.le CCIDDletiOn of ail wor< by the CONTRAC'ZCR and
upon C~mpietiOR OL all work Arid Oi tZe deli`ler'7 Of Ali material emLlraCed P. _ai.
Agreement if full conformity with the specifications and stipulations herein
contained, the OWNER agrees to pay the CONTRACTOR the prices set forth in the Bid
Proposal hereto attached, which has been made a part of this Agreement. The
CONTRACTOR hereby agrees to receive suca prices in full far furnishing all material
and for well and truly performing the same and the whole taereof in the manner and
according to [his Agreement.
S.G4 P.zRTIAL PAY~~NT: On or before the 5th of each month, the CONT3.~CTOR
shall prepare and submit to the ENGINEER for approval or modification a statement
showing as complete as practicable the total value of the work done b~: the
CONTRACTGR up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on the site of the
work that are to be fabricated into the wor'{.
The OWNER shall then pay the CONTRACTOR on or before the 10th day of tae
cur: ant month the total amount of the approved statement, less 10 per cent o tale
amount taereof, which 10 per cent shall oe re*_ained until final payment, and =urtaer
lass all previous payments and Ali further sums that may be retained by the OWNER
under the terms of this Agreement. It is understood, however, that in case the
whole wor'c be near to completion and some unexpected and unusual delay occurs due to
nu fault or neglect on the part of the CON'TRr1CTOR, the OWNER may - upon written
recommendation of the ENGINE^ER - pay a reasonable and equitable portion of the
retained percentage to the CO~;iRACTOR, or tae CONTRACTOR at the OWNER'S opt_on, may
be relieved of the obiio.~tion to fully complete the work and taereuprn tie
CJ~1T2':CTGR shall receive pa ,r-;e:lt of the balance due him under the contract sub„ect
onl to the condi_iar.s stet.d under "r_n;a Payment."
5.05 USE OF COMPLETED PORTIONS: The OWNER 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 deemend 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 the ENGINEER may
determine.
The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion, the
agreement is "substantially completed" and when so notifying the ENGINEER, the
CONTRACTOR shall furnish to the ENGINEER in writing a detailed list of unfinished
work. The ENGINEER will review the CONTRACTOR'S list of unfinished work and will
add thereto such items as the CONTRACTOR has failed to include. The "substantial
completion" of a structure or facility shall not excuse the CONTRACTOR from
performing aII 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 the ENGINEER written notice that the work has been completed,
or substantailly completed, the ENGINEER and the OWNER shall inspect the work and
within said time, if the work be found to be completed or substantially completed in
accordaace with the Contract Documents, the ENGINEER shall issue to the OWNER and
the CONTRACTOR his Certificate of Completion, and thereupon it shall be the duty of
the OWNER within ten (10) days to issue a Certificate of Acceptance of the work to
the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non-
acceptance.
5.07 FINAL PAYMENT: Upon the issuance of the Certificate of Completion, the
ENGINEER shall proceed to make final measurements and prepare final statement of the
value of all work performed and materials furnished under the terms of the Agreement
and shall certify same to the OWNER, who shall pay the CONTRACTOR on or after the
30th day, and before the 35th day, after the date of the Certificate of Completion,
the balance due the CONTRACTOR under the terms of this Agreement, provided he has
fuI ly performed his contractual obligations 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: The OWNER 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 on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating probable
filing of claims.
(c) Failure of the CONTRACTOR to make payments properly to sub-
contractors or for material or labor under this Agreement.
G-Z 2
(c!j Damage to another contractor.
(~? Reasonabl_a doubt that the work can be completed for the
unpaid balance of the contract amount.
(~) Ressonable indication that the work will not be completed
within the contract time .
tJhen the above grounds are removed or the CONTR.~CTOR provides a Surety
satisractor,~ to the OW?,ER, which will protect the OWNER in the amount wi the'_d,
payment shall be made r"or amounts withheld because of them.
5.0" DELAYED PAY'_•SE~IT: Should the OWNER tail to make payment to the
CONT2.~C'IOR •in the sum named in any part;ai or final statement, when payment is due,
then the OWNER shall pay to the CO?ITRACTOR, in addition to the sum shown as due by
such statement, interest .thereon at the rste o= tNelve (I?) per cent per annum,
unless otherwise speci_ied, f-om date due as provided under "Partial Payments" and
"rival °~;anent", until fully paid, whica shall fully liquidate any injury to the
COiJTR.~?C:'vR growing out of suca delay ir. pa;rment, but the rig'r.t is expressly reserved
to the CO~'TRrCTOR in tze eve::t payments be not promptly made, as provided u::der
"Partial Payments", to at any t_me therea_`ter tress the contract as abandoned by tae
OW2dER and recover compensation, as prov_ded under "Abandonment of Contract", unless
sllch pa'I;aenCS are S:itnhelQ in aCC~rQ P.Ce With the provisions of "Pa;rnents
;Ji thnel~" .
6. E.{ Ly WORR AND CL-~Z~iC
o.Ol CE:'.?1GE ORDERS: Witzout invalidating this Agreement, the O:JNER ms•~, at
any [ime or from time to time, order additions, deletions and/or revisions to tae
work; such changes will be authorized by Change Order to be prepared by the EaGiVE?R
for execution by the OW.v~R and the CONTRr1CTOR. The Change Order shall set forte the
basis for ar.y change in contr~c~ price, as hereinafter set forth for E:.tra :Jeri:, and
ar,y c~iange in contract time which may result from the change.
In the event the COVTiL~CTOR shall refuse to execute a Change Order which has
been prepared by the Eti'GIiIEcR and execsted by the GW„ER, the E:rTGINEE:t may in wri ti ng
instruct the CO.JTR~=_CTOc2 to proceed with the wor':c set forth in the Change Order and
the COC:TR:~CTOR may make claim 3g31nSt *_'~e O:JNER for E:ctra TNOr:: involved therein, as
hereinafter provided.
b.02 MINOR CIiAttGES: The E,lGIVEc:ri ^~;~y authorize minor changes in Che wor'_t not
inconsistent with the overall intent of tae Contract Documents and not involving an
increase in Contract P: ice. If the CO\?'2~iCTCR believes that any minor chang? or
alteration authorized by the EVGINEE2 involves Extra Wor'.•c and entities him to an
increases in the Contract Price, the CONTR.~CTOR shall make written request to the
ENGINEER for a written Field Order.
In such case, the CONT3ACTOR by copy of his communication to the ENGIaEE3 or
otherwise in writing shall advisz the OiJ;lER of his request to the ENGINEE3 for a
wrtte_. Field Order and that [he work involved may result in an increase in the
Contract Price.
Anv r~auest by the C0~'TR.~CTOR for a c:~ange in Contract Pricy shall be made
prior to beginning the wor': covered b~' the pro nosed c!-iange.
c-__
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 for which a claim for
Extra Work is made shall be determined by one or more of the following methods:
Method (A)-By agreed unit prices; or
Method (B)-By agreed lump sum; or
Method (C)-If neither Method (A) or Method (B) be agreed upon
before the Extra Work is commenced, the CONTRAC-
TOR shall be paid the "actual field cost" of the
work, plus fifteen (15) per cent.
In the event said Extra Work be performed and paid for under Method (C), then
the provisions of t•he paragraph shall apply and the "actual field cost" is hereby
defined to include the cost to the CONTRACTOR for all workmen, such foremen,
timekeepers, mechanics and laborers, and materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on such
Extra Work, plus actual transportation charges necessarily incurred, together with
all power, fuel, lubricants, water and similar operating expenses, also, all
necessary incidental expenses incurred directly on account of such Extra Work,
including Social Security, Old Age Benefits and other payroll taxes, and a rateable
proportion of premiums on Performance and Payment Bonds and Maintenance Bonds,
Public Liability and Property Damage and Workmen's Compensation, and all other
insurance as may be required by any law or ordinance, or directed by the OWNER, or
by them agreed to. The ENGINEER may direct the form in which accounts of the
"actual field cost" shall be kept and the records of these accounts shall be made
available to the ENGINEER. The ENGINEER or OWNER may also specify in writing,
before the work commences, the method of doing the work and the type and kind of
machinery and equipment to be used; otherwise these matters shall be determined by
the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of the
machinery and equipment shall be determined by using 100 per cent, unless otherwise
specified, of the latest schedule of Equipment Ownership Expense adopted by the
Associated_General Contractors of America. Where practicable the terms and prices
for the use of machinery and equipment shall be incorporated in the Written Extra
Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the
CONTRACTOR shall cover and compensate him for his profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense
not embraced within the "act.ual field cost" as herein defined, save that where the
CONTRACTOR`S Camp or Field Office must be maintained primarily on account of such
Extra Work; then the cost to maintain and operate the same shall be included in the
"actual field cost".
No claim for Extra Work of any kind will be allowed unless ordered in writing
by the ENGINEER. In case any orders or instructions, either oral or written, appear
to the CONTRACTOR to involve Extra Work for which he should receive compensation or
an adjustment in the construction time, he shall make written request to the
ENGINEER for a written order authorizing such Extra Work. Should a difference of
opinion arise as to what does or does not constitute Extra Work, or as to the
payment therefor, and the ENGINEER insists upon its performance, the CONTRACTOR
shall proceed with the work after making written request for written order and shall
keep an accurate account of the "actual field cost" thereof, as provided under
Piethod (C). The CONTRACTOR will thereby preserve the right to submit the matter of
payment to arbitration, as hereinbelow provided.
6.04 TIME OF FILING CLAIMS: It is further agreed by both parties hereto that
all questions of dispute or adjustment presented by the CONTRACTOR shall be in
G-14
writing and filets with the ENGINEER within thirty (30) days after the ENGINEER has
given any directions, order or instruction to which the CONTR.~,CTOR desires to take
exception. The ENGINEER shall reply within thirty (30) days to such written
exceptions by the CONTRACTOR and render his final decision in writing. In case the
CONTRACTOR should appeal the ENGINEER'S decision, any demand for arbitration shall
be filed with the ENGINEER and the OWNER in writing within ten (10) days after the
date of delivery to CONTRACTOR of the ENGINEER'S final decision. It is further
agreed chat final acceptance of the wor'.{ by the OWNER and the acooptanca by the
CONTRACTOR of the payiaent shall be a bar to any claims by either party, e.tcapt where
noted otherwise in the Contract Documents.
6.Of •ARBiTR_~?TTCN: all questions of dispute under this Agreement saa'_'_ be
submitted to arbit_ation at the request of either party to the dispute. The parties
may agree upon one arbiter, otherwise, taere shall be three, one named in tvT;*_ing by
each party, and the third chosen by the ar~iters so selected; or if the arbiters
fail tc select a third within ten (.0) days, he shall be chosen by a Distr'_ct Jude
serving fire County in which the major portion of the project is located, unless
otherwise specified. Should t:~e party demanding arbitration fail to nacre an
arbiter within ten ('_0) days of [he demand, his right to arbitrate shall lapse, arts
the decision of t`~e ENGINEER stall be final and bindinb on him. Should *_he other
party fa_1 to chcos2 an 3rJlte'_' within ten (.0) days, the E`IGIVEER~shah anooint
S~ICn arbiter. ShOUId e?t't?er party re~llSe Or neglect t0 SuDp1y t1e arbiters ~'1t:~ 3P.'~
papers or information demanded in wr_t_ng, the arbitars arts emoewered by heel
parties to take e~c parte proceedings. -
The arbiters shall ac t w-i th promptness. The decision of any t:~o shall be
binding on both parties to the contrac=. The decision of the arbiters upon an';
question submitted to arbitration under this contract shall be a condit'_or:
precedent to any r_ght of legal action. The decision of the arbitzr or arbiter; ma~~
be filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award t`~e
party w'rose contention is sustained, such sums as they deem proper for the t;ne,
e.cpense and trouble incident to the appeal, and ii the appeal were taken without
reasonable cause, they may award damages for any delay occasioned thereby. I"ne
arbiters shall fi.t their own compensation, unless otherwise provided by agreement,
and shall assess the cost and charges of the arbitration upon either or bot~
parties. The award of the arbiters must be made in writing.
7. ABANDO~'~fENT OF CONTRACT
7.01 ABAPIDON.fEi:T BY CONTR.~CTOR: In case the CONTR_~CTOR should abandon and
fail or refuse to resume wor'.c within ten (10) days after written notificat;on r=om
the OWP:ER, or the E^IGINEER, or if the CONTRACTOR fails to comply with the orders of
the ENGINEER, when such orders are consistent with the Contract Documents, then, and
in that case, where perfo r~nance and paynent bonds exist, the Sureties on these bonds
shall be notified in writing and directed to comple*_e the wor'.<, 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 cont=act for the
work, may be held for use on the work by the OWNER or the Surety of the per _'oraance
bond, or another contractor in completion o_` the work; and the CONT?ZACTOR shall not
r~C~1'!F? 3P,y rental Or Cri`Q1~ titer~fOr (?`:Ce~C 'ailen used In conneCti.on 'J1~}: ..._,~=,~
G-__
Work, where credit shall be allowed as provided for under Section b, Extra Work and
Claims), it being understood that the~use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final
settlement.
Where there is no performance bond provided or in case the Surety should fail
to commence in compliance with the notice for completion hereinbefore provided for,
within ten (10) days after service of such notice, then the OWNER may provide for
completion of the work in either of the following elective manners:
7.01.1 The OWNER may thereupon employ such force of labor and use such
machinery, equipment, tools, materials and supplies as said OWNER may deem
necessary to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged
shall be deducted and paid by the OWNER out of such moneys as may be due, or that may
thereafter at any time become due to the CONTRACTOR under and by virtue of this
Agreement. In case such expense is less than the sum which would have been payable
under this contract, if the same has been completed by the CONTRACTOR, then said
CONTRACTOR shall receive the difference. In case such expense is greater than the
sum which would have been payable under this contract, if the same had been
completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the
amount of such excess to the OWNER; or
7.01.2 The OWNER under sealed bids, after five (5) days notice published one
or more times in the 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 the OWNER 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. However, should the
cast to complete any such new contract prove to be less than what would have been
the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be
credited therewith.
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 complete itemized
statement of the contract accounts, certified to by the ENGINEER as being correct,
shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the
CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance
due~as reflected by said statement, within ten (10)~ 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 the OWNER 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 the OWNER, then
all machinery, equipment, tools, materials or supplies left on 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 the OWNER within the time designated hereinabove, and
there remains any machinery, equipment, tools, materials or supplies on the site of
the work, notice thereof, together with an itemized list of such equipment and
materials, shall be mailed to the CONTRACTOR and his Surety at the respective
addresses designated in the contract, provided, however, that actual written notice
G-16
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 the OWNER to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the OWNER may
sell such machinery, equipment, tools, materials or supplies and apply the net sum
derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the OWNER
may elect. The OWNER shall release any machinery, equipment, tools, materials, or
supplies, 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 oven to the CONTRCTOR and his Surety.
7.02 ABANDONMENT BY OLJNER: In case the OWNER shall fail to comply with the
terms of this contract, and should fail or refuse to comply with the terms within
ten (10) days after written notification by the CONTRACTOR, then the CONTR_~CTOR may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools
and equipment, and all materials on the site of work that have not been included in
payments to the CONTRACTOR and have not been wrought into the work. And thereupon
the E^iGiNEER 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 Wor'.{ 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. The ENGINEER shall then make final statement of the balance due the
CONTRACTOR by deductinb from the above estimate all previous payments by the OW~1ER
and all other sums that may be retained by the OWNER under the terms of this
Agreement and shall certif y same to the OWNER who 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 statement as due the CONTRACTOR, under the terns of this
Agreement.
G-1 i
SPECIAL CONDITIONS
OWNER: The word "OWNER" in these specifications shall be understood as
referring to KERR COUNTY, KERRVILLE, TEXAS.
SITE OF THE WORK: The site of the work is along Ranchero Drive in Kerrville
South, Kerr County, Texas.
SCOPE OF THE WORK: It is the declared and acknowledged intent and meaning of
these Contract Documents to provide and secure a complete and functional
reconstructed roadway.
STATE SALE TAXES: Kerr County is exempt from paying state sales tax and will
provide the contractor with an exemption number; however, the Contractor shall
comply with all Federal and local laws relating to Unemployment Insurance, Old Age
Benefits, Pensions and Income Tax and shall pay, as required, all taxes, permit
and/or connection fees, and levies or assessments under such laws.
The Contractor shall be held to have studied all tax laws for the jurisdiction
in which the work is being done, and shall pay all taxes for which he may be liable
without addition to the contract price.
TIME OF COMPLETION: The CONTRACTOR shall complete the work as provided in the
Contract Documents within the number of consecutive calendar days named in the Bid
Proposal following the date of the Notice to Proceed. The provisions for "working
days" shall not apply to this work; however, each day the CONTRACTOR cannot work due
to incliment weather may be allowed as a basis for extension of the time for
completion of the work. The CONTRACTOR shall commence work no later that five (5)
calendar days after receipt of Notice to Proceed.
LIQUIDATION DAMAGES FOR DELAY: It is understood and agreed between the
parties hereto that time is of the essence for completion of the work of this
contract, and that for each calendar day of delay beyond the completion date (after
due allowance for such extension of time as it maybe provided herein) the CONTRACTOR
shall pay the OWNER as liquidated damages one hundred dollars ($100.00) per day,
not as a penalty, and the OWNER may withhold from the CONTRACTOR'S compensation such
sums as liquidated damages. Liquidated damges shall appply to the completion date
determined by the number of calendar days named by the Bidder in the Bid Proposal.
GUARANTEE: Upon final completion of the work, the CONTRACTOR shall furnish
the OWNER with a written guarantee for all workmanship and materials provided by him
in the project. The written guarantee shall be made out to the OWNER and in a form
satisfactory to the Engineer, guaranteeing all work under this contract to be free
from faulty materials in every particular, and free from improper workmanship, and
against injury from proper and usual wear; and agreeing to replace or to re-execute
without cost to the OWNER such work as may be found to be improper or imperfect, and
to make good all damage caused to the other work or materials due to such defective
work or due to its required replacement or re-execution. This guarantee shall be
made to cover a period of one (1) year from the date of completion of all work under
this contract, as evidenced by the ENGINEER 's Certificate of Completion, and
thereupon it shall be the duty of the OWNER within ten (10) days to issue a
Certificate of Acceptance of thw work to the CONTRACTOR or to advise the CONTRACTOR
in writing of the reason for non-acceptance.
SC: 1 of 3
This guarantee must be furnished to the ENGINEER for approval, and approved by
the ENGINEER, prior to acceptance and final payment.
Neither the Certificate of Completion nor payment nor any provision in the
Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect
or faulty materials or workmanship during the period covered by the guarantee.
CONTRACTOR'S INSURANCE: The following types of insurance shall be furnished
for the duration of the project and two copies of Certificates of Insurance
extending the provisions of this insurance shall be furnished to the OWNER prior to
or at the time the contract is executed by the CONTRACTOR and before a Notice to
Proceed is issued:
a. Workman's Compensation Insurance - statutory requirements.
b. Automobile Liability Insurance with limits of:
Personal Injury - $100,000.00 each person, $300,000.00 each accident.
Property Damage - $50,000.00 each accident.
c. Comprehensive General Liability endorsed to include blanket contractural
coverage and bodily injury $100,000.00 each person and $300,000.00 each
accident; Property Damage Liability $50,000.00 each accident,
$100,000.00 aggregate; if explosives are used the amounts shall be
$100,000.00 each accident and $500,000.00 aggregate.
MATERIALS AND WORKMANSHIP: No material which has been used by the CONTRACTOR
or others for any temporary purpose whatever is to be incorporated in the permanent
work without the written consent of the ENGINEER.
WATER AND ELECTRICITY: The CONTRACTOR shall make arrangements as may be
required and bear all expenses for obtaining water and/or temporary electric power.
The CONTRACTOR shall make all connections, furnish all necessary extensions, and
remove same upon completion of the work.
SANITARY FACILITIES: The CONTRACTOR shall provide adequate sanitary
facilities for use by employees of the CONTRACTOR in conformance with requirements
of the state and local health regulations, laws, and ordinances as interpreted by
applicable authorities.
TESTING, INSPECTION AND CONTROL: Testing required by the ENGINEER and set out
in these specifications shall be the responsibility of the CONTRACTOR. There shall
be no direct compensation for such testing, the cost for which shall be included in
the unit bid prices for related bid items.
CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures or
facilities thereupon, free from accumulations of waste materials, debris or rubbish
caused by his employees or work; at the completion of the work, he shall leave his
work "broom clean" or its equivalent.
SEPARATE CONTRACTS: The OWNER reserves the right for himself or others to
award contracts for work at the site of this project. The CONTRACTOR shall afford
other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work, and where required shall properly connect
and coordinate his work with theirs.
SC: 2 of 3
STORAGE OF MATERIALS: Materials shall be stored on clean, smooth surfaces
where foriegn materials will not be mixed with or contaminate them. Any materials
so affected or otherwise deemed unfit for use shall not be incorporated in the work.
SPECIFICATIONS DEFICIENCIES: If omission or ambiguities occur in these
specifications, requirements of the City of Kerrville and/or the Texas State
Department of Health shall govern that part(s) of the work.
PARTIAL PAYMENT: Paragraph 5.04 of the General Conditions of the Agreement
is hereby changed to read as follows:
On or before the 5th day of each month, the CONTRACTOR shall prepare and
submit to the ENGINEER for approval and/or modification a statement showing
as completely as practicable the total value of the work done by the
CONTRACTOR up to an including the last day of the preceding month; said
statement shall also include the value of all sound materials delivered on
the site of the work that are to be fabricated into the work.
The OWNER shall then pay the CONTRACTOR, on or before the 15th day of the
current month, the total amount of the ENGINEER'S statement, less 10 per
cent of the amount thereof, which 10 per cent shall be retained until final
acceptance of the work, and further less all previous payments, and further
less all other sums that may be retained by the OWNER, under the terms of
the Agreement.
NO PAYMENT FOR INCIDENTAL WORK: Payment for all work under these Contract
Documents shall
work for which
incidental and
be on a unit price
no unit or lump
~o direct payment
basis as set out in the BID PROPOSAL. All other
sum price is provided shall be' considered as
tall be made therefor.
BARRICADES & WARNING DEVICES: All parts of the work shall be adequately
barricaded with proper and acceptable barricades, warning lights, and/or signs
similar in concept to Texas Highway Department standards, which must be approved by
the ENGINEER.
TRAFFICS MAINTENANCE DURING CONSTRUCTION: Parts of the work must be
constructed during regular traffic flow. In those cases, the CONTRACTOR may
construct an adequate detour route at his own expense, or the roadway may be
constructed in two parts maintaining traffic flow along one lane as it now exists,
with flagmen at both ends to direct traffic flow, during construction of the other
lane. After construction of the first lane through application of the One Course
Surface Treatment, the second lane is to then be constructed allowing traffic to
pass through upon the One Course Surface Treatment along the first lane.
Where street arrangements are such to allow reasonable detour routes, appropriate
detour signs approved by the ENGINEER shall be provided by the CONTRACTOR at his
total expense along routes designated by the ENGINEER.
These requirements shall be continued during periods of no construction work. If
conditions are such that there are no significant hazards or risks to vehicles, this
requirement may be waived by the ENGINEER in writing.
SC: 3 of 3
SECTION I
ROADWAY EXCAVATION AND SUBGRADE PREPARATION
1.01 DESCRIPTION: This section shall consist of the required clearing and
grubbing of all areas to be excavated or receive embankment; all required
excavation within the limits of the project (except as otherwise classified);
cleaning out and shaping existing ditches as indicated; the removal and proper
utilization or disposal of all excavated materials; the construction of all
required embankment as indicated on the plans; the construction, compaction,
shaping and finishing all earthwork within the limits of the project, all in
conformity with required lines, grades and typical cross-section and in accordance
with these specifications.
1.02 CONSTRUCTION WORK:
A. Clearing and Grubbing: Clearing and grubbing shall consist of
removal of all trees, brush, logs, down timber, fence posts, wire and other debris
of all kinds from the sites of the street and utility work. All stumps and other
objectional matter, all roots and other projections shall be removed to a depth of
one foot below the subgrade elevation if located in cut area, and one foot below the
natural ground surface in other areas. Disposal of all refuse obtained from
clearing operations shall be in a manner approved by the ENGINEER, and shall conform
to State laws and local ordinances.
B. Excavation: Excavation shall be performed at the locations required
to bring the subgrade of the areas to be paved to established alignment, grade and
cross-section. All suitable excavated materials shall be utilized insofar as
practicable in constructing the required sections and all excavation in excess of
that amount shall be known as "waste". Waste shall be spread as directed in such
manner as to present a neatly finished appearance, and not obstruct drainage or
cause injury to any street improvements or to abutting property. Waste not
designated to be spread or placed in embankment on the site of the work shall be
disposed of at the expense of the CONTRACTOR as directed by the ENGINEER.
C. Embankment: Prior to placing any embankment, all "clearing and
grubbing" operations shall have been completed on the areas over which the
embankment is to be placed. Stump holes or other small excavations or depressions
within the limits of the embankment shall be backfilled with suitable material and
thoroughly tamped by approved methods, and shall be restored to approximately its
original slope by blading or other methods and where indicated on plans or required
by the Engineer. The ground surface thus prepared shall be compacted by sprinkling
and rolling as described below in (d) Compaction.
All fill material shall be placed in uniform layers of not more than eight (8)
inches in depth (loose measurement) for compaction by sheepsfoot rolling or two (2)
inches by pneumatic tire rolling for the full width of the cross-section. Each
loose layer shall be compacted as described below in (d) Compaction. The method of
compaction shall be such that a uniform density will be obtained over the entire
area and the depth of materials being compacted. All fill material deposited in
place by means of dump trucks, draglines or other similar equipment shall be
thoroughly broken up so as to be free from lumps, large stones and clods before
being spread into uniform layers. Each layer shall be graded so as to conform to
finish grade of street section.
I: 1 of 2
Embankment placed adjacent to, over and under pipes shall be suitable material
and shall be placed in successive layers approximately horizontal or parallel with
the finished grade. For areas of embankment adjacent to curbs, walks, etc. where it
is impractical to employ the compaction methods above specified, the embankment
shall be placed in layers not exceeding two (2) inches in depth of loose material,
thoroughly mixed and wetted (or dried) uniformly to the moisture content directed.
Each embankment layer shall be compacted by approved methods, such as mechanical
hand tampers, maintaining the required moisture content by additional sprinkling if
necessary, until each layer has been uniformly compacted to the satisfaction of the
Engineer.
(d) Compaction: All materials to receive compaction shall be thoroughly
mixed and wetted (or dried) as may be required to produce the optimum moisture of
that material as determined by moisture-density relationship in accordance with
AASHO T-99-57 or ASTM D-698-58T. It shall then be rolled with an approved
sheepsfoot roller producing a minimum compression of 150 pounds per square inch of
cross sectional areas on each tamping foot until a uniform compaction of at least
95% standard proctor density is obtained.
In areas designated for paving, the subgrade in excavated areas and areas to
receive embankment or fill shall be scarified to a minimum depth of six (6) inches
and compacted as above.
1.03 TESTING: The entire subgrade area shall be "proof-rolled" with a ten
(10) ton roller as directed by the INSPECTOR OR ENGINEER, and all soft or yielding
areas are to be removed, property replaced and compacted, and again "proof-rolled".
If it is determined by the ENGINEER that the soft or yielding areas are too
extensive, or there is disagreement between the CONTRACTOR and ENGINEER as to the
satisfactory compaction of the subgrade, the CONTRACTOR shall provide independent
soils laboratory testing to determine a density curve for the subgrade material, and
field testing of the completed subgrade which shall be 90% standard proctor or
greater. There shall be one test in each lane at intervals of no less than two
hundred and fifty (250) feet.
1.04 PAYMENT: The work performed under this section shall be paid for at the
unit price bid for "EXCAVATION AND SUBGRADE PREPARATION" measured by the square yard
of work completed, which payment shall be full compensation for excavation,
embankment, rolling, sprinkling and compacting to 90% Standard Proctor Density by
soils laboratory testing, any soils laboratory testing required, including
furnishing and operating all equipment, and all labor, tools and incidentals
necessary to satisfactorily perform the work.
I: 2 of 2
SECTION II
FLEXIBLE BASE
2.01 DESCRIPTION: This section shall consist of a foundation course for
surface course and shall be constructed as herein specified in one or more courses
in conformity with the typical sections and to the lines and grades as established
by the Engineer.
2.02 MATERIAL: The materials shall consist of durable particles of stone
mixed with an approved binding material compacted to not less that one hundred (100)
per cent standard proctor compaction ratio. At the direction of the Engineer, the
CONTRACTOR shall provide at his own expense test results for the material determined
by an acceptable commercial soils testing laboratory.
If after compaction and adequate curing of any area of base material
there is a question as to whether or not the compaction is adequate, tests shall be
made by an acceptable commercial soils testing laboratory. If such tests prove the
material to be compacted to the proper density the OWNER shall be responsible for
cost of the testing procedure; however, if the tests prove the material to be
compacted to less than the proper density the CONTRACTOR shall be responsible for
the cost of the testing procedure.
A. Bank-run gravel or crushed gravel when properly slaked and
tested by standard laboratory methods shall meet the follow-
ing requirements:
Retained on 2" screen. 0 to 5%
Retained on 1/4" screen. 30 to 75%
Retained on 40 mesh sieve. 60 to 85%
The material passing the one-forth (1/4") inch screen shall be
known as "Binder"; that portion of the binder material passing
the 40 mesh sieve shall be known as "Soil Binder" and shall meet
the following requirements when tested in accordance with THD-53
procedure:
The liquid limit shall not exceed 0.35
The plasticity index shall be at least 3
but shall not exceed 10
The linear shrinkage shall not exceed 7
(Note: Linear shrinkage shall be calculated
from the volumetric shrinkage at the liquid limit.)
The material shall be rejected upon visual inspection should it
contain an excessive amount of clay balls or roots.
If an abundance of rocks larger than 2" diameter are present in
the material, they shall be removed and disposed of by the
CONTRACTOR.
II: 1 of 4
B. Crushed Linestone: When properly slaked and tested, the flexible
base material shall meet the following requirements:
Retained on 2" screen. 0 to 5%
Retained on No. 4 sieve. 45 to 75%
Retained on No. 40 sieve 60 to 85%
Material passing No. 40 sieve shall be known as "Soil Binder" and
shall meet the following requirements when prepared in accordance
with Test Method Tex-101-E procedure:
The liquid limit shall not exceed 40
The plasticity index shall not exceed 12
The material shall be rejected upon visual inspection should
it contain an excessive amount of clay balls or roots.
2.03 CONSTRUCTION METHODS:
(a) Preparation of the Subgrade: The subgrade shall be excavated or
filled in conformity with the typical sections, to the line and grade established by
the Engineer, thoroughly mixed, wetted or dried, and compacted in accordance with
Section I "Roadway Excavation and Subgrade Preparation" of these specifications.
All unstable or otherwise objectional material shall be removed from the subgrade
and replaced with approved materials and all holes, ruts and depressions shall be
filled with approved materials. The surface of the subgrade shall be finished to
line and grade as established by the Engineer and in conformity with the plans, and
any deviation in excess of one-half (1/2") inch in cross-section and in length of
sixteen (16) feet measured longitudinally shall be corrected by loosening, adding
or removing material, reshaping and compacting by sprinkling and rolling.
Sufficient subgrade shall be prepared in advance to insure satisfactory prosecution
of the work.
(b) First Course: Immediately before placing the base material, the
subgrade shall be approved for grade and compaction.
Material deposited upon the subgrade shall be spread and shaped the same day.
In the event inclement weather or unforeseen circumstances render impracticable the
spreading of the material during the first twenty-four (24) hour period, the
material shall be thoroughly mixed and spread as directed by the Engineer. The
material shall be sprinkled and bladed, dragged and shaped to conform to typical
section shown on plans. All areas and "nests" of segregated coarse or fine material
shall be corrected or removed and replaced with well graded material. If
additional binder is considered desirable or necessary after the material is spread
and shaped, it shall be carefully and evenly incorporated with the material in place
by scarifying, harrowing, brooming or by other approved methods. The course shall
then be thoroughly mixed and sprinkled as may be required to produce the optimum
moisture of that material as determined by moisture-density relationship in
accordance with AASHO T-99-57 or ASTM D-698-58T. It shall then be rolled with an
approved roller in accordance with paragraph 7-04 EQUIPMENT of this section of the
specifications, until a uniform compaction of at least 100% modified proctor
density is obtained. When using sheepsfoot roller, deposited material shall not
exceed 4" loose measurement in thickness. When using pneumatic tire roller,
deposited material shall not exceed 2" loose measurement in thickness. Throughout
this entire operation, the shape of the course shall be maintained by blading, and
II: 2 of 4
the completed surface shall be smooth and in conformity with the typical section
shown on the plans, and to the established lines and grades. In the area on which
pavement is to be placed, any deviation in excess of one-forth (1/4) inch in cross-
section and in length of sixteen (16) feet measured longitudinally, shall be
corrected by loosening, adding or removing material, reshaping and recompacting by
rolling and sprinkling as required. All irregularities, depressions or weak spots
which develop shall be corredted by scarifying the areas affected, adding suitable
material as required, reshaping and recompacting by rolling and sprinkling.
(c) Succeeding Courses: Construction methods shall be the same as
prescribed for the first course.
The completed flexible base shall have a uniform compacted thickness of
eight (8) inches.
2.04 EQUIPMENT
(a) Tamping Roller: Tamping (sheepsfoot) rollers shall consist of two
metal rollers, drums, or shells of forty (40) inches minimum diameter; each not
less than forty-two (42) inches in length and unit mounted in a rigid frame in such
manner that each roller may oscillate independently of the other; and each roller,
drum, or shell shall be surmounted by metal studs with tamping feet projecting not
less than seven (7) inches from the surface and spaced not less than six (6) inches
nor more than ten (10) inches measured diagonally center to center; the cross-
section area of each tamping foot, measured perpendicularly to the axis of the stud,
shall be not less than five (5) nor more than eight (8) square inches. The roller
shall be supplemented with cleaning teeth to provide self-cleaning. The roller
shall be so designed that by ballast loading, the load on each tamping foot may be
varied uniformily from 125 to not less than 175 pounds per square inch of cross-
sectional area. The load per tamping foot will be determined by dividing the total
weight of the roller by the number of tamping feet in one row parallel with or
approximately parallel with the axis of the roller. The compression to be provided
at any time shall be as directed by the Engineer. The tamping roller shall be drawn
by suitable power equipment of adequate tractive effort. Two tamping rollers,
consisting of four cylinders, conforming to the above prescribed requirements,
drawn by approved power equipment, shall be considered a roller unit.
Rollers shall be maintained in good repair and operating condition and
shall be approved by the Engineer.
(b) Pneumatic Tire Roller: Pneumatic tire rollers shall consist of
not less than nine (9) pneumatic wheels, running on axles in such manner that the
rear group of tires will not follow in the tracts of the front group, and shall be so
designed that by ballast loading the load may be varied from at least 100 to 325
pounds per inch of width of tare tread.
2.05 TESTING: The entire completed flexible base shall be "proof-rolled"
with a ten (10) ton roller as directed the the INSPECTOR or ENGINEER, and all soft
or yielding areas are to be removed, properly replaced, sprinkled and compacted, and
again "proof-rolled" until satisfactorily completed. If it is determined by the
ENGINEER that the soft or yielding areas are too extensive, or if there is
disagreement between the CONTRACTOR and ENGINEER as to the satisfactory completion
of the flexible base, the CONTRACTOR shall provide independent soils laboratory
testing to determine a density curve for the flexible base material and for field
testing the completed flexible base material to determine the completed density
which shall be at least 95% standard proctor or greater. There shall be one test in
each lane of each street at intervals of no less than two hundred and fifty (250)
feet for each course of material.
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2.06 MEASUREMENT: The work performed and materials furnished as prescribed
by this item shall be measured by the square yard of satisfactorily completed
flexible base compacted to a full eight (8) inch depth.
2.07 PAYMENT: Flexible Base shall be paid for by the square yard of
completed eight (8) inch depth flexible base at the unit bid price for "Six (6) Znch
Flexible Base", which payment shall be full compensation for shaping and fine
grading the roadbed; for all royalty and freight involved; for loosening or
blasting, excavating, screening and crushing; for loading all materials and
delivery on the roadbed; for spreading, blading, sprinkling, shaping, dragging and
finishing; for all testing required; and for all manipulations, labor, tools and
incidentals necessary to properly complete the work.
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SECTION III
PRIME COAT
(Asphaltic Material Only)
3.01 Description: This item shall consist of an application of asphaltic
material on the completed base course and/or other approved area in accordance with
these specifications.
Prime Coat shall not be applied when the air temperature is below 60 F and
falling, but it may be applied when the air temperature is above 50 F and is rising,
the air temperature being taken in the shade and away from artificial heat.
Asphaltic material shall not be placed when general weather conditions, in the
opinion of the ENGINEER, are not suitable.
3.02 Materials: The asphaltic material used for the prime coat shall be of a
type and grade approved by the ENGINEER.
3.03 Construction Methods: When, in the opinion of the ENGINEER, the surface
of the flexible base or other area to receive the prime coat is satisfactory to
receive the prime coat, the surface shall be cleaned by sweeping or other approved
methods. If found necessary by the ENGINEER, the surface shall be lightly
sprinkled with water just prior to application of the asphaltic material. The
asphaltic material shall be applied by an approved type of self-propelled pressure
distributor so operated as to distribute the material in the quantity specified,
evenly and smoothly under a pressure necessary for proper distribution. The
CONTRACTOR shall provide all necessary facilities for determining the temperature
of the asphaltic material in in the distributor, for determining the rate at which
it is applied, and for securing uniformity at the junction of two applications.
All storage tanks, piping, retorts, booster tanks and distributors used in
storing or handling asphaltic material shall be kept clean and in good operating
condition at all times, and they shall be operated in such manner that there will be
no contamination of the 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. The distributer
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
yield on the asphaltic material applied appear to be in error, the distributor shall
be calibrated in a manner satisfactory to the ENGINEER before proceeding with the
work.
The ENGINEER will select the temperature of application based on the
temperature-viscosity relationship that will permit application of the asphalt
within the limits set out herein. The recommended range for the viscosity of the
asphalt is 50 seconds to 60 seconds, Saybolt Furol. The CONTRACTOR shall apply the
asphalt at a temperature within 15 F of the temperature selected.
The CONTRACTOR shall be responsible for the maintenance of the surface until
the work is accepted by the ENGINEER.
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No traffic, hauling or placement of any subsequent courses shall be permitted
over the freshly applied prime coat unless and until authorized by the ENGINEER.
3.04 Payment: There shall be no direct payment for work completed under this
section. The cost therefor shall be included in other related bid items, which
price shall be full compensation for preparing the surface of the flexible base or
other area to receive the prime coat; for furnishing, heating, hauling and
distributing the asphaltic material as specified; for all freight involved; and for
all manipulation, labor, tools, equipment and incidentals necessary to complete the
work.
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SECTION IV
ONE COURSE SURFACE TREATMENT
4.01 Description: This item shall consist of a wearing surface composed of a
single application of asphaltic material covered with aggregate, constructed on a
prepared base course or other prescribed surface in accordance with these
specifications.
One course surface treatment shall not be applied when the air temperature is below
60 F and is falling, but it may be applied when the air temperature is above 50 F and
is rising, the air temperature being taken in the shade and away from artificial
heat. Asphaltic material shall not be placed when general weather conditions, in
the opinion of the ENGINEER, are not suitable.
4.02 Materials:
(1) Asphaltic Materials: The asphaltic materials used for the prime
coat shall be in accordance with Section III, Prime Coat, and as prescribed by the
ENGINEER.
(2) Aggregate: The aggregate used shall be of precoated or of a type
and grade approved by the ENGINEER.
4.03 Construction Methods: The flexible base or other areas to receive one
course surface treatment shall be cleaned of dirt, dust, or other deleterious matter
by sweeping or other approved methods. If it is found necessary by the ENGINEER,
the surface shall be lightly sprinkled with water just prior to the application of
the asphaltic material.
Asphaltic material shall be applied on the clean surface by an approved type of
self-propelled pressure distributor so operated as to distribute the material in
the quantity specified, evenly and smoothly, under a pressure necessary for proper
distribution. The CONTRACTOR shall provide all necessary facilities for
determining the temperature of asphaltic material in all of the heating equipment
and in the distributor, for determining the rate as to which it is applied, and for
securing uniformity at the junction of two applications. 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
yield on the asphaltic material appear to be in error, the distributor shall be
calibrated in a manner satisfactory to the ENGINEER before proceeding with the work.
Asphaltic material shall be applied for the full width of the roadway in one
application, unless otherwise approved by the ENGINEER. No traffic or hauling will
be permitted over the freshly applied asphaltic material. Asphaltic material shall
not be applied until immediate covering is assured.
Aggregate shall be immediately and uniformly applied and spread by an approved
self-propelled continuous feed aggregate spreader, unless otherwise authorized by
the ENGINEER. The aggregate shall be applied as directed by the ENGINEER.
IV: 1 of 1
The CONTRACTOR shall be responsible for the maintenance of the surface until
the work is accepted by the ENGINEER.
The entire surface shall be broomed, bladed or raked thoroughly rolled with the
type or types of rollers specified herein. Rolling equipment shall be in
acceptable working order and approved for use by the ENGINEER.
Temporary stockpiling of the aggregate on the roadway will be permitted
provided the stockpiles are spaced not less than 1000 feet apart and are so placed
that they neither obstruct traffic nor interfere with roadway drainage. The
CONTRACTOR shall be responsible for the proper preparation of all stockpile areas
before aggregates are placed thereon, including leveling and cleaning of debris
necessary for protection of the aggregate to prevent any contamination thereof.
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 they shall be operated in such manner that there will be
no contamination of the asphaltic materials 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. The ENGINEER will
select the temperature of application based on the temperature-viscosity
relationship that will permit application of the asphalt within recommended limits.
The recommended range for the viscosity of the asphalt is 50 seconds to 60 seconds,
Saybolt Furol. The CONTRACTOR shall apply the asphalt at a temperature within 15 F
of the temperature selected.
4.04 Payment: The work performed and materials furnished as prescribed by
this section and measured by the square yard of satisfactorily completed surface
will be paid for at the unit price bid for "One Course Surface Treatment", which
price shall be full compensation for cleaning and sprinkling the flexible base; for
furnishing, preparing, hauling and placing all materials; for all freight involved;
for rolling and finishing; and for all manipulations, labor, tools, equipment and
incidentals necessary to satisfactorily complete the work.
IV: 2 of 2
SECTION V
HOT MIX ASPHALTIC CONCRETE PAVEMENT
(Class A)
5.01 Description: This item shall consist of a surface course as shown on
the plans, composed of a compacted mixture of mineral aggregate and asphaltic
material. The mixture when designed and tested in accordance with these
specifications shall have the following laboratory density and stability:
Density, Percent
Min. Max. Optimum
94 99 97
Stability, Percent
Not less than 30, unless
otherwise shown on plans.
The pavement shall be constructed on the previously completed and approved One
Course Surface Treatment as herein specified and in accordance with the details
shown on~the plans.
Should there be any ambiguity or conflicts in these specifications, the Standard
Specifications for Road and Bridge Construction of the Texas Department of Highways
and Public Transportation shall apply.
5.02 Materials:
(1) Mineral Aggregate: The mineral aggregate shall be composed of a
coarse aggregate, a fine aggregate, and if required, a mineral filler. It shall
contain not more than 1 percent by weight of organic matter, clays, loam or pebbles
coated therewith.
The combined mineral aggregate, after final processing by the mixing plant,
and prior to addition of asphalt and mineral filler, shall have a sand equivalent
value of not less than 45, when subjected to the sand equivalent test.
(a) Course Aggregate: The coarse aggregate shall be that part of
the aggregate retained on a No. 10 sieve; shall consist of clean, tough, durable
fragments of stone, crushed blast furnace slag, crushed gravel, gravel or
combinations thereof as herinafter specified, of uniform quality throughout. The
coarse aggregate shall have an abrasion of not more than 40 percent loss by weight
when subjected to the Los Angeles Abrasion Test for all types.
(b) Fine Aggregate: The fine aggregate shall be that part of the
aggregate passing the No. 10 sieve and shall consist of sand or screenings or a
combination of sand and screenings.
Sand shall be composed of durable stone particles free from injurious foreign
matter. Screenings shall be of the same or similar material as specified for coarse
aggregate. The plasticity index of that part of the fine aggregate passing the No.
40 sieve shall be not more than 6.
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(c) Mineral Filler: The mineral filler shall consist of
thoroughly dry stone dust, slate dust, portland cement or other mineral dust
approved by the Engineer. The mineral filler shall be free from foreign and other
injurious matter. When tested it shall meet the following grading requirements:
Percent by Weight
Passing a No. 30 sieve 100
Passing a No. 80 sieve, not less than 90
Passing a No. 200 sieve, not less than 65
(2) Asphaltic Material:
(a) Paving Mixture: Asphalt for the paving mixture shall be of
the types of oil asphalt as determined by the Engineer.
5.03 Paving Mixtures:
(1) Types: The paving mixture shall consist of a unif orm mixture of
coarse aggregate, fine aggregate and asphaltic material. The grading of each
constituent of the mineral aggregate shall be such as to produce, when properly
porportioned, a mixture, which, when tested will conform to the limitations for
master grading given below for the type specified:
Type "D" (Fine Graded Surface Course):
Passing	1/2"	sieve.						100
Passing	3/8"	sieve.				95	to	100
Passing	3/8"	sieve, r	etained on	No. 4	sieve	20	to	SO
Passing	No.	4 sieve,	retained o	n No.	10 sieve	10	to	30
Total retained on No.	10 sieve.			SO	to	70
Passing	No.	10 sieve,	retained	on No.	40 sieve.	0	to	30
Passing	No.	40 sieve,	retained	on No.	80 sieve.	4	to	25
Passing	No.	80 sieve,	retained	on No.	200 sieve	3	to	25
Passing	No:	200 sieve				0	to	8
The asphaltic material shall form from 4.0 to 8.0 percent of the mixture by
weight.
(b) Continuous Mixing Type:
Cold Aggregate Bin and Proportioning Device: Same as for weight-
batching type of plant.
(3) Spreading and Finishing Machine: The spreading and finishing
machine shall be of a type approved by the Engineer and shall be capable of
producing a surface that will meet the requirements of the typical cross section and
the surface test.
(4) Forms: The use of forms will not be required except where
necessary to support the edges of the pavement during rolling. If the pavement will
stand rolling without undue movement, binder twine or small rope may be used to
align the edges.
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(5) Motor Grader: The motor grader, if used, shall be a self-propelled
power motor grader; it shall be equipped with smooth tread pneaumatic tired wheels;
shall have a blade length of not less than 12 feet; shall have a wheel base of not
less than 16 feet; and shall be tight and in good operating condition and approved
by the Engineer.
(6) Pneumatic Tire Rollers: The rollers shall be an acceptable medium
pneumatic tire roller conforming to the requirements of the Item, "Rolling
(Pneumatic Tire)", Type B, unless otherwise specified on plans.
The tire pressure of each tire shall be adjusted as directed by the Engineer
and this pressure shall not vary by more than 5 pounds per square inch.
(7) Two Axle Tandem Roller: This roller shall be an acceptable power
driven tandem roller weighing not less than 8 tons.
(8) Three Wheel Roller: This roller shall be an acceptable power
driven three wheel roller weighing not less than 10 tons, equipped with sprinkler
for keeping the wheels wet and adjustable road wheel so that roller may be kept
level during rolling. The drive wheel shall be not less than 20 inches wide.
The roller under working conditions shall produce 325 pounds per linear inch of
roller width and be so geared that a speed of 1.8 miles per hour is obtained in low
gear.
(9) Three Axle Tandem Roller: This roller shall be an acceptable
power driven three axle roller weighing not less than 10 tons.
(10) Straightedges and Templates: The Contractor shall provide
acceptable 16 foot straightedges for surface testing. Satisfactory templates shall
be provided as required by the Engineer.
(11) All Equipment: Shall be maintained in good repair and operating
condition and shall be approved by the Engineer.
(12) The Asphaltic Mixture: Shall be at a temperature between 225 F and
350 F when dumped from the mixer. The Engineer will determine the temperature,
within the above limitations, and the mixture when dumped from the mixer shall not
vary from this selected temperature more than 25 F.
5.04 Construction Methods: The prime coat, One Course Surface Treatment or
the asphaltic mixture when placed with a spreading and finishing machine, shall not
be placed when the air temperature is below 50 F and is falling, but it may be placed
when the air temperature is above 40 F and is rising. The asphaltic mixture when
placed with a motor grader, shall not be placed when the air temperature is below 60
F and is falling, but may be placed when the air temperature is above 50 F and is
rising. The air temperature shall be taken in the shade away from artificial heat.
It is further provided that the prime coat, one course surface treatment or
asphaltic mixture shall be placed only when the humidity, general weather
conditions and temperature and moisture condition of the base, in the opinion of the
Engineer, are suitable.
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(1) Sawed Joints: All
existing pavement shall be sawed for
pavement. The face of the sawed
material, or an approved equal, to
pavements.
joints where proposed pavement will abut
the full length and depth along the existing
joint shall be fully coated with tack coat
assure bond between the new and the existing
(Z) Prime Coat: A prime coat shall be applied conforming to the
requirements of the Section III, PRIME COAT, except the application temperature
shall be as provided above. The One Course Surface Treatment or asphaltic concrete
shall not be applied on a previously primed flexible base until the prime base has
completely cured to the satisfaction of the Engineer.
(3) One Course Surface Treatment: The One Course Surface Treatment
shall be applied conforming to the requirements of Section IV, ONE COURSE SURFACE
TREATMENT .
(4) Transporting Asphaltic Concrete: The asphaltic mixture, prepared
as specified above, shall be hauled to the work in tight vehicles previously cleaned
of all foreign material. The dispatching of the vehicles shall be arranged so that
all material delivered may be placed, and all rolling shall be completed during
daylight hours. In cool weather or for long hauls, canvas covers and insulating of
the truck bodies may be required. The inside of the truck body may be given a light
coating of oil, if necessary, to prevent mixture from adhering to the body.
(5) Placing:
(a) The asphaltic mixture shall be dumped and spread on the One
Course Surface Treatment with the specified spreading and finishing machine, in
such manner that when properly compacted the finished pavement will be smooth, of
uniform density and will meet the requirements of the typical cross sections and the
surface tests. During the aplication of asphaltic material, care shall be taken to
prevent splattering of adjacent pavement, curb and gutter, and structures.
(b) When the asphaltic mixture is placed in a narrow strip along
the edge of an existing pavement, or used to level up small areas of an existing
pavement or placed in small irregular areas where the use of a finishing machine is
not practical, the finishing machine may be eliminated when authorized by the
Engineer, provided a satisfactory surface can be obtained by other approved
methods.
(6) Compacting:
(a) As directed by the Engineer, the pavement shall be compressed
thoroughly and uniformly with the specified rollers.
(b) Rolling with the three wheel and tandem rollers shall start
longitudinally at the sides and proceed toward the center of the pavement,
overlapping on successive trips by at least half the width of the rear wheels.
Alternate trips of the roller shall be slightly different in length. On super-
elevated curves, rolling shall begin at the low side and progress toward the high
side. Rolling with pneumatic roller shall be done as directed by the Engineer.
Rolling shall be continued until no further compression can be obtained and all
roller marks are eliminated.
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One tandem roller, one pneumatic roller and at least one three wheel roller, as
specified above shall be provided for each job. If the Contractor elects he may
substitute the three axle tandem roller for the two axle tandem roller and/or the
three wheel roller; but in no case shall less than three rollers be in use on each
job. Additional rollers shall be provided if needed. The motion of the roller
shall be slow enough at all times to avoid displacement of the mixture. If any
displacement occurs, it shall be corrected at once by the use of rakes and of fresh
mixture where required. The roller shall not be allowed to stand on pavement which
has not been fully compacted. To prevent adhesion of the surface mixture to the
roller, the wheels shall be kept thoroughly moistened with water, but an excess of
water will not be permitted. All rollers must be in good mechanical condition.
Necessary precautions shall be taken to prevent the dropping of gasoline, oil,
grease or other foreign matter on the pavement, either when the rollers are in
operation or when standing.
5.05 TACK COAT: The asphalt material for Tack Coat shall meet the
requirements for Cut-Back Asphalt RC-2, which may, upon approval by the Engineer, be
diluted by the addition of an approved grade of gasoline or kerosene not to exceed
fifteen (15) percent by volume. The asphaltic materials shall meet the
requirements of Item 350, "Asphalts, Oils, and Emulsions" of the Standard
Specifications for Road and Bridge Construction of the Texas Department of Highways
and Transportation.
3.04 PAYMENT: The work performed and materials furnished, as prescribed by
this item and measured by the square yard of completed surface, will be paid for at
the unit bid price for "Hot-Mix Asphaltic Surface" of the type specified, which
price shall each be full compensation for furnishing all materials and freight
involved; for all heating, mixing, hauling, cleaning the existing base course if
placed directly thereon; furnishing and applying a tack coat; placing, shaping and
compacting asphaltic concrete mixture; rolling and finishing; and for all
manipulations, labor, tools, equipment and incidentals necessary to satisfactorily
complete the work.
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