ORDER NO. 2].841 OPENED AND READ BIDS ALOUD FOR ROAD AND BRIDGE DEPARTMENT On this the 27.nd day of February 1994, came on to be considered the, bids of Caldwell Culvert Company of Taylor, Tx, Wilson Culverts of Rlhart, Tx, Texas Fuel ~ Asphalt Co. Inc. of Corpus Christi, Tx, Korh Materials Company of Pleasanton, Tx, Joe Drymala of Comfort, Tx, Henry Griffin of Kerrville, Tx Wheatr,raft, Inc. of Kerrville, Tx and Schwarz Construction Co. of Kerrville, [Jpon motion made by Commi:>sioner Holekamp, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0, to refer the bids to the Road and Bridge Department. for their recommendation and com? knack to the Court with said recommendation, COMMISSIONERS' COURT AGENDA REQUEST " PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: ~~~-~ aC ~~i-~a-'~„ , OFFICE: MEETING DATE: ~Z?~~ TIME PREFERRED; /D : DO•~~- SUBJECT; (PLEASE BE SPECIFIC); ~~in~ /`~,:~~ EXECUTIVE SESSION REQUESTED: YES N O ~_ PLEASE STATE REASON ESTIMATED LENGTH OF PRESENTATION: ~~ PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: a% CCiGLorx~~ 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 Tuesday: 12:00 P.M. previous Wednesday Meetings held on Thursdays : 5:00 P.M. previous Thursday 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 Cour# meetings. Your cooperation will be appreciated and contribute towards your request being addressed a# the earlies# opportunity. See Agenda Request Guidelines. \ASF'HALT PIDS \ERG \94-~`-`L SEALED BIDS FOR PAVING AGGREGATE, ASPHALT EMULSION OIL OR CORRUGATED METAL F'IF'E 1. # ~ 3 CALDWELL CULVERT COMPANY, P. O. POX 1E48, TAYLOR, TX 76574 S- `" Sz' y ~z 7 - `1. ' ~ ~ ~ ~9 - ~.~~ rr.~3~ ' E. WILSON CALVERTS RT :~~POX E635, ELKHf~RT, TX 75839 ~`~ ~z ~. TEXA FU L ft ASPHALT CO. ,INC. 6746 UPRIVER RD. P. O. POX ~ ~ ,~ C ,va 5 ~~ . ~ffz ..1p~~6' . 96~-5, CORPUS CHRISTI, TX 78469 4. t'.OCH MATERIALS COMPANY 9~7 `ND STREET, PLEASANTON, TX • 517v 0 . Gray {'~5 / . SDU 7 5. JOE J. DRYMALA RT 1 POX 48, COMFORT, TX 7813 ~. yv, ~rsdv 6. HENRY GRIFFI 709 MOIiEY MTN, KERRVILLE, TX 780E8 ~d O ~ 3_S~ ~S ~.~, 7. WHEATCRAFT, INC. F'. D. POX 68, F~.ERRVILLE, TX 78Q-`9-Q~~68 3 _~.~~ ~-6.'~ s 5.75 8. SCHWARZ CONSTRUCTION CO., 1811 JUNCTION HWY, KERVILLE, TX '~/~C.. ~~ /- ~~ c' E ,~ f ,~ - ~ ~- ~ \ASF'HALT BIDS \ERG \~i4-~c"~~--E~: SEALED RIDS FOR PAVING AGGREGATE, ASPHALT EMULSION OIL OR CORRUGATED METAL F'1'F'E 1. CALDWELL CULVERT COMPANY, P. G. BGX 148, TAYLOR, TX 7674 ;~. WILSON CALVERTS RT w BOX ~=63~, EL.IiHART, TX 7~8.~9 ,3. TEXAS FUEL ~ ASPHALT CCI. ,INC. 6746 UPRIVER RD. R. O. BOX 965, CORPUS CHRIS`f I, `f'X 78469 4. F'.OCH MATERIALS COMPANY 9~7 LND STREET, PLEASAN'TON, TX ~. JOE J. DRYMALA RT 1 BGX 48, COMFGRT, TX 781.:, 6. HENRY GRIFFIN 7~9 SMOi'.EY MTN, I~.ERRVILLE, l`X 78~E8 7. WHEAT[:RAF`f, INC. F'. 0. BGX 68, FSERRVILL_.E, TX 78~~:9-Q~~68 8. SCHWARZ CONSTRUCTIGN CO. , 1811 JUNCTION HWY, i~,ERVILLE, TX PAVING AGGREGATES SPEC1FiCATIONS AND BID FORM 1. Specifications: Paving aggregat®s shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. All sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean will be rejected. 2. Bid Form: Slid Unit Cost KERR CTY. LOADS SCHWARZ CONST. LOADS Type Grade FOB Su~oliers Plant A 3 $ ~QA /CY A 4 $ NA /CY A 4- 5* $7.37/cu. yd. $ 7.95/cu.yd./CY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "low bidder", depending on the locations of job sites. * We have a blend of Coverstone 4-5. We will be happy to show it to you at the pit or supply you with a sample. 1 do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein arc to begin b4arch 2, 1994 and bs in effect until I'~larch 1, 1995. ~-~ `~"'-`-~ ~--~ 2/18/94 Signature Date Firm Name and Address: Schwarz construction Co. 1811 Junction Hwy. Kerrville, TX 78028 L ~~;,~ if Corporation Phone: (21~ 895-5851 uj`r A~{~q~ ~onsTRU~~~on ~o. S~n~ n 1811 Jt11VC'TI~S 78026 KERRVll1 E~ ~ ~~ p TRIG ,~ `a ~ rA AGGRE~TE ~ ASPIiAI'T 5~ PID FOR pAVING~ ~,~ PIPE ION OR CORRU~ 22, 1994 at 1p,p0am OPENING flA`I'E ~ Febz~ oDD PAVING AGGREGATE ASPHALT EMULSION OtL CORRUGATED METAL PIPE MARCH 1994 KERR COUNTY ROAD & BRIDGE DEPARTMENT 4010 San Antonio Hwy. Kerrville, TX 78028 CORRUGATED METAL PIPE SPECIFICATIONS AND BID FORM 1. Specifications: Culvert pipe shall conform to the requirements in Texas Highway Department Standard Specifications, Item 460 unless otherwise noted herein. Bids are to be in cost (in dollars) per linar foot. 2. Bid Form: Type Design .. F.O.B. Kerr County Road & Bridge Yard 15" Arch 1 $ No Bid /LF 18" Arch 2 $ No Bid /LF 24" Arch 3 $ No Bid /LF 30" Arch 4 $ No Bid /LF 15" Coupling Bands 18" Coupling Bands 24" Coupling Bands 3t)" Coupling Bands $ No Bid Each $ No Bid Each $ No Bid Each $ No Bid Each ~1 do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. Si ature ~ ~ Date Frm Name and Address: Henry Griffin Construction 709 ~riokey Mt . Kerrville, TX 78028 S~~ if Corporation Phone: ( } 210-257-5Er47 EMULSIONS SPECIFICATIONS AND BID FORM 1. Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kemille, Kerr County, Texas. 2. Bid Form: T^yoe Bid Unit Cast CRS - 2h $_~Q~s~______/Gallon or HFRS - 2 $_ No Bid______/Gallon MS - 1 $_No Bid______/Gallon I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. _ __ - ---- Si nature Firm Name and Address: _~tD ~~ Henry Griffin Construction ___ 709 Stnoke~ Mt _r____________ ___ Kerrville~_TX _78028 Phone: (210 ) 257-5647_ SBA if Corporation PAVING AGGREGATES SPECIFICATIONS AND BID FORM 1. Specifications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. All sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean will be rejected. 2. Bid Form: Bid Unit Cost Type Grade FOB Sunuliers Plant A 3 $ 5 , so /CY A 4 $ 5.80 /CY A 5 $ 5.80 /CY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. 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'` ~°~ { i ~~"~'. 9, , ~~ Vii;,; -i ,- i t ,x 2;,+ '~ ." -' ~'! oaD PAVING AGGREGATE ASPHALT EMULS{QN OIL CORRUGATEQ METAL PIPE MARCH 1994 KERR COUNTY ROAD & BRIDGE DEPARTMENT 4010 Sen Antonio Hwy. Kerrville, TX 78028 NOTICE TO CONTRACTORS PROJECT: PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE BID DATE AND TIME: FEBRUARY 18, 1994 at 5:00 p.m. Sealed Bids for the above referenced project will be received by the Kerr County Clerk, at 700 Main Street, Kerrville, Texas 78028. All bids must be on the Bid Form, attached to all Bid Documents. Bids received after time shown will not be accepted. Bids will be opened publicly and read aloud in Commissioners' Court, February 22, 1994, at 10:00 a.m. Bids will be awarded or rejected in Commissioners' Court on March 1, 1994 at 10:00. a.m. Contract Documents may be obtained from Kerr County Road & Bridge, 4010 San Antonio Hwy., Kerrville, Texas 78028. For Bids greater than $ 25,000.00, Performance & Payment Bonds are required. B1D SECURITY and ACCEPTABLE SURETY information is specified in Special Instructions to Bidders, Page 3, Paragraph 5 and 6. Bidders shall place the following on the outside of their sealed bid envelope: "Sealed Bids for Paving Aggregate, Asphalt Emulsion Oil or Corrugated Metal Pipe" "Opening date: February 22, 1994 at 10:00 a.m." "Name and Address of Contractor" Payments will be made as specified in General Conditions of Agreement, Measurement & Payments, Page 9, paragraph 5.03 and Page 10, paragraph 5.06 #hru 5.09. Franklin Johnston, P.E. County Engineer .._ PAVING AGGREGATES SPECIFICATIONS AND BIQ FORM 1. Specifications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. Alf sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean will be rejected. 2. Bid Form: Bid Unit Cost Toe Grade F Q B Suppliers Plant '°` 3 $ ICY A 4 $ 6.9 0 /CY q 5 ~ 5.0 0 /CY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "low bidder", depending on the locations of job sites. do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, i 995. 6' 2-16-94 Signature Date Firm (dame and Address: Drymala Sand & Gravel Rt. 1 Box 48 Comfort, Texas 78013 ~~;~~ if Corporation Phone: (~0) A~~_~nna -. EMULSIONS SPECIFICATIONS AND BID FORM 1. Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kemille, Kerr County, 'Texas. 2. Bid Form: T v oe Bid Unit Cost CRS - 2h $---_--__-___/Gallon or HFRS - 2 $_______~___/Gallon MS - 1 $,~__w_______/Gallon --------------------------------------------------- I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. ------------------------------- ------------- Signature Date Firm Name and Address: ----------------------------- Phone: ( ) - ~18~ if Corporation ITEM 302 AGGREGATE FOR SURFACE TREATEMENTS 302.1 Description. This item establishes the requirements for aggregate to be used in the construction of surtace treatments. 302.2 Materials. Aggregates shall be composed of clean, tough and durable particles of graves, crushed gravel, crushed stone, crushed slag or natural limestone rods asphalt. When specified on the plans, other aggregate types may be permitted or required. These materials shall not contain more than 5 percent by weight of soft particles and other deleterious material as determined by Test Method Tex-217-F, Part 1. The natural limestone rock asphalt aggregate, when furnished, shall have an average bitumen content from 4 to 8 percent by weight of naturally impregnated asphalt, aS determined by Test Method Tex-215-F, and shall contain not more than 2 percent by weight on any one of or combination of iron pyrites, or other objectionable matter, as determined by Test Method Tex-217-F, Part 1. No aggregate sfiall contain as a total of more than 5 percent by weight of impurities or objectionable matter listed above. The percent of wear, as determined by Test Method Tex-410-A, for each of the materials shall not exceed 35 percent. The percent of wear on natural limestone rock asphalt aggregate as determined by Test Method Ted-410-A shall be made on that portion of the material retained on the No.4 sieve, fiaving a naturally impregnated asphalt content of less than 1 percent. Crushed gravel shalt have a minimum of 85 percent of the particles retained on the No.4 sieve with more than one crushed face, as determined by Test Method Tex-413-A, (Particle Count. The polish value for the aggregate used in the surtace or finish course for the travel lanes shat) not be less than the value shown on the plans when tested in accordance with Test Method Test-438-A. The flakiness index for the aggregate, as determined by Test Method Tex-224-F, shall not exceed the value shown on the plans. 302.3 Types. The various types of aggregates are ider~ttfied as follows: Type A. Type A aggregate shall consist of gravel, crushed slag, crushed stone or natural limestone rods asphalt. Type B. Type B aggregate shalt consist of crushed gravel, crushed slag, crushed stone or natural limestone rock asphalt. Type C. Type C aggregate shall consist of gravel, crushed slag or crushed stone. Type D. Type D aggregate shall consist of crushed gravel, crushed stag or crushed stone. Type E. Type E aggregate shall consist of natural limestone rock asphalt. Type F. Type F aggregate shall b6 shown on the plans. Page 2 302.4 Grades. When tested by Test Method Tex-200-F, Part t the gradation requirements shad be as follows: Percent by Weight Grade 1: Retained on 1" sieve p Retained on 718" sieve 0-2 Retained on 314" sieve 20-35 Ruined on 5/8" sieve 85-100 Retained on 3/8" sieve 95-100 Retained on No.10 sieve 99-100 Grade 2: Retained on 718" sieve 0 Retained on 3/4" sieve p-2 Retained on 5/8" sieve 20-35 Retainer! on 112" sieve $5-140 Retained on 3J8" sieve 95-100 Retained on Na.10 sieve 99-100 Grade 3: Retained on 3/4" sieve 0 Retained on 5/8" sieve 0-2 Retained on 112" sieve 20-35 Retained on 318" sieve 85-100 Ruined on 1/4" sieve 95-100 Retained on No.10 sieve 99-100 Grade 4: Retained on 518' sieve 0 Retained on 112" sieve 0-2 Retained on 3/8" sieve 20-35 Retained on No.4 sieve 95-100 Retained on No.10 sieve 99-100 Grade 5: Retained on 112" sieve 0 Retained on 318" Sieve 0-5 Retained on No.4 sieve 40-85 Retained on No.10 sieve 98-100 Retained on No.20 sieve 99-100 The aggregate shalt not contain more than 1.0 percent by weight of fine dust, clay-like particles and/or silt present when tested in accordance with Test Method Tex-217-F, Part 1 t. 302.5 Measurement and Payment. Aggregates will be measured and paid for in accordance with the governing specifications for the items of construction in which these materiais are used. CORRUGATED METAL PIPE SPECIFICATIONS AND BID FORM 1. Specifications: Culvert pipe shall conform to the requirements in Texas Highway Department Standard Specifications, Item 460 unless otherwise noted herein. Bids are to be in cost (n dollars) per linar foot. 2. Bid Form: Bid Unit Cost Type Design F.O.B. Kerr County Road & Bridge Yard 15" Arch 1 $ fLF 1$" Arch 2 $ /LF 24" Arch 3 $ /LF 30" Arch 4 $ ILF 15" Coupling Bands 1$" Coupling Bands 24" Coupling Bands 30" Coupling Bands $ Each $ Each $ Each $ Each 1 do hereby certify that 1 have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. Signature Frm Name and Address: Date SEAL if Corporation Phone: ( ) - TABLE OF CONTENTS FOR SPECIAL INSTRUCTIONS AND GENERAL CONDITIONS OF AGREEMENT Page SPECIAL [NSTUCTIONS TO BIDDI~RS 1. Receipt of Bids ...................................... 3 2. Accuracy of Bids ...................................... 3 3. Award of Contracts ..................................... . 3 4. Form of Proposal ...................................... 3 5. Bid Security ...................................... 3 6. Acceptable Surety ...................................... 3 7. Conflicts and Ambiguities ................................... 3 8. Reservation ,of Rights ...................................... 3 9. Withdrawal and Amendment ................................ 3 GENERAL CONDTIZONS OF AGREF_.MENT 1. DEFINITION OF TERMS 1.01 Kerr County and Contractor .................................. 4 1.02 Contract Documents ...................................... 4 1.03 Sub-Contractor ...................................... 4 1.04 Written Notice ...................................... 4 1.05 Work ...................................... 4 1.06 Extra Work ...................................... 4 1.07 Working Day ...................................... 4 1.08 Calendar Day ...................................... 4 1.09 Substantially Completed .................................... 4 2. RESPONSiBILITIFS OF KF.RR COUNTY ANU "I'IiE CONTRACTOR 2.01 Inspection by Kerr County .................................. 5 2.02 Payment for Work ..................................... 5 2.03 Lines and Grades ..................................... 5 2.04 Contractor's Duty and Superintendence ........................ 5-6 2.05 Contractor's Understanding .................................. 6 2.06 Sanitation ..................................... 6 2.07 Shop Drawings ...................................... 6 2.08 Preliminary Approval ..................................... 7 2.09 Defects and Their Remedies .................................. 7 2.10 Changes and Alterations ................................... 7 Special lnstructione 8c Gcncral Conditions Page 1 3. GEN)J~.AL OBLIGATIONS AND RESPONS~,~,Li'I'IES 3.0 ] Accessibility 'of Plans and Specifications .................... 8 3.02 Ownership of Drawings ..................................... 8 3.03 Discrepancies and Omissions ................................ g 3.04 Equipment and Materials .................................... 8 3.05 Perfornlance and Payment Bonds ............................. 8 3.0 6 Losses from Natural Causes ................................. S 3.0 7 Protection of Adjoining Property ............................ 8 3.08 Protection Against Claims of Sub-Contractors, etc 8 3.09 Protection Against Royalties or Patented Invention 9 3.10 Laws and Ordinances ..................................... 9 3.1 1 Assignment and Subletting .................................. 9 3.1.2 Indemnification ..................................... 9 3.13 Insurance ..................................... 9 3.14 Certificate of Insurance .................................... 9 4. PROSECUTION AND PROGRESS 4.01 Time and Order of Completion ............................... 1 0 4.02 Extension of Time ..................................... l0 5. MEASUREMENT AND PAYMENT 5.01 Quantities and Measurement ................................ 1 1 5.02 Estimated Quantities .................................... 1 1 5.03 Price of Work .................................... 11 5.04 Partial Payment .................................... 1 l 5.05 Use of Completed Portions ................................. 1 2 5.06 Final Completion and Acceptance ........................... 1 2 5.07 Final Payment .................................... 12 5.08 Payments Withheld .................................... 12 5.09 Delayed Payments .................................... l2 6. EXTRA WORK AND CLAIMS 6.01 Change Orders .................................... 13 6.02 Minor Changes .................................... 13 6.05 Extra Work .................................... 13 7. ABANDONMENT OF CONTRACT 7.01 Abandonment by Contractor ................................ 14 7.02 Abandonment By Owner ...................................... 1 _5 Special Instructions hr Gcncral Condi~ic~ns Paga 2 SPECIAL INSTRUCTIONS TO BIDDERS 1, RECEIPT OF BIDS. Sealed bids will be received at the place and until the time indicated in the Advertisement for Bids. All bids received will thereupon be opened and read aloud,, except as provided in Paragraph 2 below. 2. ACCURACY OF BIDS. Each bid received will be presumed to be accurate and free from error, unless clear and convincing evidence to the contrary be presented. No bid will be accepted from any bidder who shall have failed to perform in the past after being awarded a contract, unless permitted by Commissioners' Court. 3. AWARD OF CONTRACTS. The contract will not be awarded at the bid opening, but will be awarded at a subsequent meeting of the Kerr County Commfssioners' Court. The Commissioners' Court will generally award a Construction Contract to the low bidder, but is not bound to do so. In deciding whether to award the contract to a particular bidder, the Commissioner's Court will consider not only the adequacy of his equipment, his organization, his experience, his financial condition, and his prior record of performance including, in particular, his prior record of performance on contracts with Kerr County. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and a!I bids. 4. FORM OF PROPOSAL. Each bid must be submitted on the form of Proposal prescribed by Kerr County, a copy of which is included in the Contract Documents. All money amounts shall be shown both in wards and in figures; in case of discrepancy, the amount shown in words will govern. 5. BID SECURITY. Each bid must be accompanied by bank cashier's check, or by a Bid Bond an the form prescribed by Kerr County, a copy of which form is included in the Contract Documents, in the amount of five percent of the largest possible total bid or bids, including consideration of alternates. Such sum will be paid to Kerr County as liquidated damages in the event that the bidder, if awarded the Contract, should fail within ten days following the award to execute and return the Agreement, together with the Performance and Payment Bonds (if required) with acceptable surety. 6. ACCEPTABLE SURETY. By "acceptable surety" is meant an insurance company licensed by Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of Kerr County, for faithful performance during the preceding five years of all undertakings to Kerr County. 7. CONFLICTS AND AMBIGUITIES. Kerr County will not be bound by any oral or other informal explanation of the requirements of the Contract Documents. Any prospective bidder detecting a conflict or ambiguity in the Contract Documents should call the same to the attention of the County Engineer and request the issuance of clarifying addendum. Absent such notice, it will be presumed that the bidder has thoroughly reviewed the Contract Documents and warrants that the project can be constructed as bid. 8. RESERVAttON OF RIGHTS. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 9. WITHDRAWAL AND AMENDMENT. Any bidder may withdraw or amend his bid at any time before the time for closing receipt of bids. Any such amendment must be in writing and signed by the bidder. Special Inranutions Xt Gcneril Conditiru~s Page 3 GE..cRAI CONDITIONS OF AGREEM`~ , 1. DEFINITIONS OF TERMS 1.01 KERR COUNTY and CONTRACTOR. Kerr County, and the Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, Signed Agreement. Performance and Payment Bonds (when required), the Plans and Specifications, the General Conditions, and any Special Conditions, and ail modifications thereof incorporated in any of the documents before the execution of the agreement. i .03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide all materials, equipment, labor and other items necessary for the execution and completion of the wark covered by the contract documents. Unless otherwise specified all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. i .06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include a!I that may be required by KERR COUNTY to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under control of the CONTRACTOR, wi11 permit construction of the principal units of the work for a period of not less than seven(7) hours between 7:00 a.m. and 6:00 p.m. i .08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use ar occupancy or the facility is in condition to serve its intended purpose, but still may regi,~ire minor miscellaneous work or adjustment. Special Instructions cec ~cneral Conditiam Pa~~ 4 2. RESPONSIBILITIES OF KERR COUNTY AND TfiE CONTRACTOR 2.01 INSPECTION BY KERB COUNTY. Periodic visits will be made to the site for familiarization of the progress of the executed work and to determine if such work meets the performance and design features and the technical and functional engineering requirements of the Contract Documents. Notwithstanding any other provision of this agreement or any other Contract Document, KERR COUNTY shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.02 PAYMENT FOR WORK. KERB COUNTY shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing payment to CONTRACTOR in such amounts. 2.03 LINES AND GRADES. Unless otherwise specified, ail lines and grades shall by furnished by the CONTRACTOR. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR and shall be replaced at the CONTRACTOR'S expense. 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of the contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, methods and manner of performing such work, so long as such methods do not adversely affect the completed improvements, KERR COUNTY being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shah be solely responsible for the safety of himself, his employees and other persons, as well as for the protection to the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Special L~structions cec C,cnera! Conditi~~n~ Page S Any review of work in process, or any visit or observation during construction, ar any clarification of plans and specifications, by KERR COUNTY, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract or for the purpose of enabling the CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and designs, plans or other facilities for accomplishing such pertormance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by KERR COUNTY shat( in no way relieve CONTRACTOR from his responsibility to complete al( work in accordance with said plans and spe,cificat(ons. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the, materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract, including the plans and specifications. 2.06 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by KERR COUNTY, and their use shall be strictly enforced. 2.07 SHOP DRAWINGS. The CONSTRACTOR shall submit to KERR COUNTY, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and KERR COUNTY shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by KERR COUNTY, file with them two corrected copies and furnish such other copies as may be needed. KERR COUNTY'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called KERR COUNTY'S attention to such deviations at the time of submission, nor shall it relieve hirn form responsibility for errors of any sort in shop drawings or schedules. it shall be the CONTRACTOR'S responsibility to fully and completely review al( shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by KERB COUNTY shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result In finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set Earth in relation to the safety of either person or properly during CONTRACTOR'S performance hereunder. Special InetructionG & General Conditinn4 Page 6 2.08 PRELIMINARY APl-~ ~JVAL. No fat-ure or omission of KE t COUNTY to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material; provided, however, that KERR COUNTY shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by KERR COUNTY prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement to proper specification shall be borne by the CONTRACTOR, otherwise the expense incurred shall be allowed as EXTRA WORK, and shalt be paid for by KERR COUNTY. 2.09 DEFECTS AND THEIR REMEDIES. !t is further agreed that if the work or any part thereof, or any materia! brought on the site of the work far use in the work or selected for the same, shall be deemed by KERB COUNTY as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice .thereof forthwith remove such material and rebuild ar otherwise remedy such work so that it shall be in full accordance with this contract. 2.10 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that KERR COUNTY may make such changes and alterations as KERR COUNTY may see tit. in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bands. If the amount of work is increased, and the work can fairly be classified under specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, otherwise, such additional work shall be paid for as provided under Extra Work. 2.11 WARRANTY. Contractor affirms that he has reviewed in detail the Plans and Specifications, the Special Conditions, and all other documents relating to the design and construction of the work and warrant that there are no design defects and that the work can be completed as called for in those documents. Special Tnetructi<~ny 8r. Gcncral Condili~~ns Page 7 3. GENEr-tAL OBLIGATIONS AND RESPON~~._1,L}TIES 3.01 ACCESSIBILITY OF PLANS AND SPECIFICATIONS. KERB COUNTY shall furnish the CONTRACTOR with an adequate and reasonable number of companies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by KERB COUNTY shall not be reused on other work, and with the exception of the signed contract sets, are to be returned upon request, at the completion of the work. 3.03 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. 3.04 EQUIPMENT AND MATERIALS. The CONTRACTOR shall be responsible far the care, preservation, conservation and protection of all materials, equipment, and parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.05 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred {100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the greed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by KERA COUNTY. 3.06 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.07 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. 3.08 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save KERR COUNTY harmless from all claims growing out of the lawful demands of sub- contractors, laborers, mechanics, materialmen, and furnishers of machinery and equipment parts thereof, and a(I supplies incurred in the furtherance of the performance of this contract. When so desired by KEHF~ COUNTY, the CONTRACTOR shall furnish satisfactory evidence that ~~II obligations of the nature hereinabove designated have been paid, discharged or waived. Special lnalntetions cec Genr.ral Conditi«nr Pt-~r.~: S 3.09 PROTECTION AGA,.vST ROYALTIES OR PATENTED I~ _NTION. The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suit$ or claims for infringement of any patent or copyright rights and shall indemnify and save KERB COUNTY harmless from any lass on account thereof. 3.10 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless KERR COUNTY against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify KERR COUNTY in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR performs any work contrary to such laws, ord"finances, rules and regulations, and without such notice to KERB COUNTY, he shall bear all costs arising therefrom. 3.11 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of KERR COUNTY, and that no part or feature of the work will be sublet to anyone objectionable to KERR COUNTY. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to KERR COI.INTY, as provided by this Agreement. 3.12. INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless KERR COUNTY and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and casts, including reasonable attorney's fees and expenses, arising out of or resulting from the pertormance of the work. 3.13. INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by Subcontractor or by anyone directly employed by any of them, or by anyone for whose acts any of them may be liable. 3.14. CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR shall file with KERB COUNTY valid Certificates of Insurance and copy of the policy acceptable to KERR COUNTY. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given to KERR COUNTY. The CONTRACTOR shall also file with KERR COUR!TY valid Certificates of Insurance covering ail sub-contractor. Special in~aructions ~c G~:ncr~,l C',nuliti~~e,, Pane 9 4. PROSECUTION AND PROGRESS 4.01. TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, ho~,~~ever, the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also that when KERR COUNTY is having other work done, either by his own force. The GONTRACTOR shall submit, at such times as may reasonably be requested, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4.02. EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of KERB COUNTY, or of any employee of either, by other contracts employed by KERB COUNTY, or by changes ordered in the work or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, ar by any cause which KERR COUNTY shall decide justifies the delay, then an extension of time shall be allowed for completion the work, sufficient to compensate for the delay, the amount of the extension to be determined by KERR COUNT`t, provided, however, that the CONTRACTOR shall give KERB COUNTY prompt notice in writing of the cause of such delay. SE~ccial lnstructirni5 ~ Ci~:ncrnl ('~n~~iili~~ri~ Pu~t~ I(1 5, MEASURMENT ANfJ F'AYMF=NT 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 shat( be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnisht~d ~rnder this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered far the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment sha#l be for the actual amount of such work done and the material furnished. 5.03 PRICE OF WORK. In consideration of the furnishing all the necessary tabor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of ail material embraced 'in this contract in full conformity with the specifications and stipulations herein contained, KERR COUNTY agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and al! labor required for the aforesaid work, also for all expense incurred by him, and for we11 and truly performing the same and while thereof in the manner and according to the Agreement. 5.04 PARTIAL PAYMENT. On or before the 1st day of each month, the CONTRACTOR shall prepare and submit to KERB COUNTY for approval a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement sha11 also include the value of al! materials delivered on the site of the work that are to be fabricated into the work. KERB COUNTY shall then pay the CONTRACTOR on or before the 15th day of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and fzrriher less all previous payments and all further sums that may be retained by KERR COUNTY under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and same unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, KERB COUNTY may pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at KERR COUNTY'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shalt receive payment of the balance due him under the cortract subject only to the conditions stated under "Final Payment". Special lnstnictiun.~ .fie. General Cnri~litiim4 Pttgr. I I 5.05 USE OF COMPLEI ~J PORTIONS. KERR COUNTY sip,, lave the right to take possession of and use any completed or partially completed portions of thQ work, not withstanding the time for completing the ©ntire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as KERB COUNTY may determine. The CONTRACTOR shall notify KERB COUNTY when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying KERB COUNTY, the CONTRACTOR shall furnish to KERR COUNTY in writing a detailed fist of unfinished work and may add there to such items as the CONTRACTOR may have failed to include . The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR performing ail of the work undertaken whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given KERB COUNTY written notice that the work has been completed, or substantially completed, KERR COUNTY shall inspect the work, KERR COUNTY shall issue the CONTRACTOR a Certificate of Acceptance, or advise the CONTRACTOR in writing of the reason for non-acceptance. 5.07 FINAL PAYMENT. KERB COUNTY shat! pay to the CONTRACTOR on or after the 30th day, and before the 35th ,after the date of the Certificate of Acceptance, the balance due the CONTRACTOR under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. KERB COUNTY may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss, 5.09 DELAYED PAYMENTS. Should KERB COUNTY fail to make payment to the CONTRACTOR of the sum named in the final statement, when payment is due, KERR COUNTY shall pay to the CONTRACTOR, in addition to the sum shaven as due by such statement rent, interest thereon at the rate of six(6) per cent per annum. unless otherwise specified, from date due as provided under "Partial Payment" and "Final Payments", until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. Special (ustructinns ~l C'rrnrral Cc}nclitiunv Page 17 6. EXTRA WORK AND CLAIMS 6.01 CHANGE ORDERS. Without invalidating this Agreement, KERR COUNTY may. at any time or form time to time, order additions, deletions or revisions to the wcr~:: such changes will be authorized by Change Order to be prepared by KERR COUNTY for execution by the CONTRACTOR. The Change Order shall set fa,~th the basis for any change in contact price, as hereinafter set forth far Extra Wark, and any change in contact time which may result from the change. 6.Q2 MINOR CHANGES. KERR COUNTY may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contact Price. tf the CONTRACTOR believes that any minor change or alteration authorized by KERB COUNTY involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to KERB COUNTY for a written Field Order. Any request ~by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made sha11 be determined by one or more of the following methods: Method (A) Use unit & bid or Agreement; or Method (i3) ay agreed lump sum; or Method (C} If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. Special Instructions ~~ General C'cxuiitir~n~ Pare ! 3 .ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. in Casa the GOPJTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from KERR COUNTY, or if the CONTRACTOR fails to comply with the orders of KERR COUNTY, when such ordars are consistent with the Contract Documents, then, and in that case, whore performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by KERR COUNTY or the Surety on the performance bond, or another contractor is completion ~f the work; and the CONTRACTOR shall not receive any rental or credit there of (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6. Extra Work and Claims), it being understood that the use of such equipment and materials may ultimately reduce the cost to complete the work and may be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice far completion here in before provided for. within the tan (10) days after service of such notice, then KERR COUNTY may provide for completion of the in either of the following elective manners: 7.01.1 KERB COUNTY may thereupon employ such force of men and use such equipment, and materials as KERR COUNTY may deem necessary to complete the work and change the expense of such labor, equipment, and materials to said CONTRACTOR, and expense so change shat( be deducted and paid by KERB COUNTY out of such monies as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. 7.01.2 KERB COUNTY under sealed bids, after a minimi,rn of 14 calendar days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and cor~ditinns which are providers 'n this contract. In case any increase in cast to KERB COUNTY under the new contract as compared to what would have been tt~e cost under this contact, such increase shall be charged to the CONTRACTOR ~zncf the Surety shah be and remain bound there far. When the work steal! 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 here in above, shall be isstjr~r/. A comp-etion itemized statement of the contract accounts, certified to by t'C:RR COUNTY as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or hir Surety, shalt pay the balance due as reflected by said statement, within (~ ~) 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 tc~ KERR COUNTY had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his S~.irety shall ~,ay the balance shown t~ be Speci~~l In~tructionti & Gcnrral Conrti~iu~r•. Page 14 due by them to KERB COUNTY, then all machinery, equipment, tools, materials or supplies left of the site of the work shall be turned aver to the CONTRACTOR and/or his Surety, should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due KERB COUNTY within the time designated here in above, and there remains any equipment and materials on the site if the work, notice there of, 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 this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of KERR COUNTY to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice KERB COUNTY may tale possession and sell or retain such equipment and materials and apply the value derived to the credit of the CONTRACTOR and his Surety. KERR COUNTY shall release any equipment and materials which remain on the work, and belong to persons other than the CONTRACTOR or Isis Surety, to their proper owners. The books on all operations provided here in shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case KERB COUNTY shall fail to comply ~.vitir the terms of this contract, and should fail or refuse to comply with said terms within ten(10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work ,and may remove there from ail equipment and all materials on the site of wark that have not been included in payments to the CONTRACTOR and have not been brought into the work, and thereupon KERB COUNTY shall make an estimate of the total amount earned t;y the CONTRACTOR, which estimate shall include the val~,e of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work perfarmed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. KERB COUNTY sha11 then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by KERB COUNTY and all other sums that may be retained by KERB COUNTY under the terms of this Agreement and KERB COUNTY shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statAments as due the CONTRACTOR, under the terms of this Agreement. Sprcial Intitruclions .L (7cnrr:~l C'cmcirtinn~ Pala: l.ri EMULSIONS SPECIFICATIONS AND BID FORM 1, Specifications: Emulsivns shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Farm: T v ne Bid Unit Cost CRS - 2h $__0.5700 _____/Gallon or HFRS - 2 $_^0.6329 _____IGalion MS - 1 $~ 0.5700 _____IGalion I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. ~- Signature ~ Date Firm Name and Address: Koch Ma~e~c~:a~ Com~a~_________ 907 Seeand S~cee.t ----------------------------- __P.~easan.~on,_Texa~ 78064 Phone: ( 210) 569 - 8731 S1BA]'i., if Corporation IlKOCH KOCHMATERIALSCOMPANY ~ 9o72ndstreet P~easanton,Texas76os4-3~o~ ~".~Ii~r.r444.~.~~M1w PAIR Yf ,1~/I'~, Ke~vt Caun~ty Road ~ Bn~.dge Depan~me~~ 4010 San Av~~ontia Hwy. Kennv~~~e, TX 78028 SEAL BIU - A~pFut~t Emu.P~i.on Febnuany 78, x944 oQD ~ o MMC~~t'~ PAVING AGGREGATE ASPHALT EMULS{ON OIL CORRUGATED METAL P{PE MARCH 1994 KERR COUNTY ROAD & BRIDGE DEPARTMENT 4010 San Antonio Hwy. Kerrville, TX 78028 NOTICE TO CONTRACTORS PROJECT: PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATED METAL PIPE BID DATE AND TIME: FEBRUARY 18, 1994 at 5:00 p.m. Sealed Bids for the above referenced project will be received by the Kerr County Clerk, at 700 Main Street, Kerrville, Texas 78028. Ali bids must be on the Bid Form, attached to all Bid Documents. Bids received after time shown will not be accepted. Bids will be opened publicly and read aloud in Commissioners' Court, February 22, 1994, at 10:00 a.m. Bids will be awarded or rejected in Commissioners' Court on March 1, 1994 at 10:00. a.m. Contract Documents may be obtained from Kerr County Road & Bridge, 4010 San Antonio Hwy., Kerrville, Texas 78028. For Bids greater than $ 25,000.00, Performance & Payment Bonds are required. BID SECURITY and ACCEPTABLE SURETY information is specified in Special Instructions to Bidders, Page 3, Paragraph 5 and 6. Bidders shall place the following on the outside of their sealed bid envelope: "Sealed Bids for Paving Aggregate, Asphalt Emulsion Oil or Corrugated Metal Pipe" "Opening date: February 22, 1994 at 10:00 a.m." "Name and Address of Contractor" Payments will be made as specified in General Conditions of Agreement, Measurement & Payments, Page 9, paragraph 5.03 and Page 10, paragraph 5.06 #hru 5.09. Franklin Johnston, P.E. County Engineer EMULSIONS SPECIFICATIONS AND BID FORM 1, Specifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Form: T~y ° e Bid Unit Cost CRS - 2h $___NO BID ____/Gallon or HFRS - 2 $__-_6942_____/Gallon MS - 1 $-__.6468_____/Gallon --------------------------------------------------- I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. ------------- ---------____-- February lli 1994 Signature Date Firm Name and Address: . c ~lBA1i.,~. if'~. Corporation . Texas Fuel & Asphalt Co. ,_Inc__-__~ P. 0. Box 9605 Corpus Christi z Texas 78469 _______ Phone: (512 ) 289 _ 1707 PAVING AGGREGATES SPEOIFICATIONS AND BID FORM 1. _ Speciifications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. Ali sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean will be rejected. 2. Bid Form: Bid Unit Cost A 3 $ ~ /CY A 4 $ ~~ ~ /CY A 5 $ C ICY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "low bidder", depending on the locations of job sites. 1 do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. Signature Firm Name and Address: Date ~~~~~ if Corporation Phone: ( ) ITEM 302 AGGREGATE FOR SURFACE TREATEMENTS 302.1 Description. This item establishes the requirements for aggregate to be used in the construction of surtace treatments. 302.2 Materials. Aggregates shall be composed of clean, tough and durable panic{es of gravel, crushed gravel, crushed stone, crushed slag or natural limestone rock asphalt. When specified on the plans, other aggregate types may be permitted or required. These materials sha8 not contain more than 5 percent by weight of soft particles and other deleterious material as determined by Test Method Tex-217-F, Part 1. The natural limestone rock asphalt aggregate, when furnished, shall have an average bitumen content from 4 to 8 percent by weight of naturally impregnated asphalt, as determined by Test Method Tex-215-F, and shall contain not more than 2 percent by weight on any one of or combination of iron pyrites, or other objectionable matter, as determined by Test Method- Tex-217-F, Part 1. No aggregate sfiall contain as a total of snore than 5 percent by weight of impurities or objectionable matter listed above. The percent of wear, as determined by Test Method Tex-410-A, far each of the materials shall not exceed 35 percent. The percent of wear on natural limestone rock asphaR aggregate as determined by Test Method Ted-410-A shall be made on that portion of the material retained on the No.4 sieve, fiaving a naturally impregnated asphalt content of less than 1 percent. Crushed gravel shall have a minimum of 85 percent of the particles retained on the No.4 sieve with more than one crushed face, as determined by Test Method Tex-413-A, (Particle Count). The polish value for the aggregate used in the surface or finish course for the travel lanes shall not be less than the value shown on the plans when tested in accordance with Test Method Test-438-A. The flakiness index for the aggregate, as determined by Test Method Tex-224-F, shall not exceed the value shown on the plans. 302.3 Types. The various types of aggregates are identified as follows: Type A. Type A aggregate shall consist of gravel, crushed slag, crushed stone or natural limestone rock asphaR. Type B. Type B aggregate shall consist of crushed gravel, crushed slag, crushed stone or natural limestone rock asphaR. Type C. Type C aggregate shall consist of gravel, crushed slag or crushed stone. Type D. Type D aggregate shall consist of crushed gravel, crushed slag or crushed stone- Type E. Type E aggregate shall consist of natural limestone rock asphalt. Type F. Type F aggregate shall be shown on the plans. Page 2 302.4 Grades. When tested by Test Method Tex-200-F, Part 1 the gradation requirements shall be as follows: Percent by Weight Grade 1: Retained on 1" sieve 0 Retained on 718" sieve 0-2 Retained on 314" sieve 20-35 Retained on 518" sieve 85-100 Retained on 318" sieve 95-100 Retained on No.10 sieve 99-100 Grade 2: Retained on 718° sieve 0 Retained on 3/4" sieve 0-2 Retained on 5/8" sieve 20-35 Retained on 112" sieve 85-100 Retained on 3J8" sieve 95-100 Retained on No.10 sieve 99-i 00 Grade 3: Retained on 314" sieve 0 Retained on 518" sieve 0-2 Retained on 112" sieve 20-35 Retained on 318" sieve 85-100 Retained on 114" sieve 95-100 Retained on No.10 sieve 99-100 Grade 4: Retained on 518' sieve 0 Retained on 112" sieve 0-2 Retained on 318" sieve 20-35 Retained on No.4 sieve 95-100 Retained on No.10 sieve 59-100 Grade 5: Retained on 112" sieve 0 Retained on 3!8" sieve 0-5 Retained on No.4 sieve 40-85 Retained on No.10 sieve 98-100 Retained on No.20 sieve 99-100 The aggregate shah not contain more than 1.0 percent by weight of fine dust, clay-like particles and/or sift present when tested in accordance with Test Method Tex-217-F, Part t 1. 302.5 Measurement and Payment. Aggregates will be measured and paid for in accordance with the governing specifications for the items of construction in which these materials are used. CORRUGATED METAL PIPE SPECIFICATIONS AND BiD FORM 1. Specifications: Culvert pipe shaft conform to the requirements in Texas Highway Department Standard Specifications, Item 460 unless otherwise noted herein. Bids are to be in cost (in dollars) per linar foot. 2. Bid Form: Bid Unit Cost Type Design F.Q.B. Kerr County Road & Bridge Yard 15" Arch 1 $ 1'U ~ /LF 18" Arch 2 $ ~ /LF 24" Arch 3 $ /LF 30" Arch 4 $ /v ~ /LF i 5" Coupling Bands $ l4 Each 18" Coupling Bands $ ~ ~ Each 24" Coupling Bands $ 1'1/ /~ Each 30" Coupling Bands $ Y~ q Each f do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. Signature Frm Name and Address: Date JE~~ if Corporation Phone: ( ) - TABLE OF CONTEN['S POR SPECIAL INSTRUCTIONS AN[a GENERAL CONDITIONS OF AGREEMENT Page SPECIAL INSTUCTIONS TO BIDDERS 1. Receipt of Bids ...................................... 3 2. Accuracy of Bids ...................................... 3 3. Award of Contracts ...................................... 3 4. Form of Proposal ...................................... 3 5. Bid Security ...................................... 3 6. - Acceptable Surety ...................................... 3 7. Conflicts and Ambiguities ................................... 3 8. Reservation of Rights ...................................... 3 9. Withdrawal and Amendment ................................ 3 GENERAL CONDITIONS OF AGRF.FMFNC 1. DEFINFTTON OF TERMS 1.01 Kerr County and Contractor .................................. 4 1.02 Contract Documents ...................................... 4 1.03 Sub-Contractor ...................................... 4 1.04 Written Notice ...................................... ~ 1.05 Work ...................................... 4 1.06 Extra Work ...................................... 4 1.07 Working Day ...................................... -t 1.08 Calendar Day ...................................... 4 1.09 Substantially Completed .................................... 4 2. RESPONSIBII,TTIES OF KERR COUNTY AND THE CONTRACTOR 2.01 Inspection by Kerr County .................................. 5 2.02 Payment for Work ..................................... 5 2.03 Lines 'and Grades ..................................... 5 2.04 Contractor's Duty and Superintendence ........................ 5-b 2.05 Contractor's Understanding .................................. 6 2.Ob Sanitation ..................................... 6 2.07 Shop Drawings ...................................... 6 2.08 Preliminary Approval ..................................... 7 2.0 9 Defects and Their Remedies .................................. 7 2.10 Changes and Alterations ................................... 7 Special In~tructionR 8c Gcncrnl Conditirni~ Page 1 3. GENERAL OBLIGAT[ONS AND RE,SPQNSIBILiTIES 3.01 Accessibility of Plans and Specifications .................... 8 3.02 Ownership of Drawings ..................................... 8 3.03 Discrepancies and Omissions ................................ 8 3.04 Equipment and Materials .................................... 8 3.05 Performance and Payment Bonds ............................. 8 3.0 6 Losses from Natural Causes ................................. 8 3.07 Protection of Adjoining Property ............................ 8 3.08 Protection Against Claims of Sub-Contractors, etc 8 3.09 Protection Against Royalties or Patented Invention 9 3.10 Laws and Ordinances ..................................... 9 3.1 1 Assignment and Subletting .................................. 9 3.12 Indemnification ..................................... 9 3.13 Insurance ..................................... 9 3.14 Certificate of Insurance .................................... 9 4. PROSECUTION AND PROGRESS 4.01 Time and Order of Completion ............................... 1 0 4.02 Extension of Time ..................................... 10 5. MEASUREMENT AND PAYMENT' 5.01 Quantities and Measurement ................................ 1 1 5.02 Estimated Quantities .................................... 1 1 5.03 Price of Work .................................... 11 5.04 Partial Payment .................................... 1 1 5.05 Use of Completed Portions ................................. 1 2 5.06 Final Completion and Acceptance ........................... 1 2 5.07 Final Payment .................................... 12 5.08 Payments Withheld .................................... 12 5.09 Delayed Payments .................................... 12 6. EXTRA WORK AND CLAIMS 6.01 Change Orders .................................... 13 6.02 Minor Changes .................................... 13 6.05 Extra Work .................................... 13 7. ABANDONMENT OF CONTRACT 7.01 Abandonment by Contractor ................................ 1 4 7.02 Abandonment By Owner ...................................... 1 S Special Inetruetions 8c Gcnrr;~l Condilic~ns Pate 2 SPECIAL INSTRUCTIONS TO BIDDERS 1. RECEIPT OF BIDS. Sealed bids will be received at the place and until the time indicated in the Advertisement for Bids. All bids received will thereupon be opened and read aloud, except as provided in Paragraph 2 below. 2. ACCURACY 01= BIDS. Each bid received will be presumed to be accurate and free from error, unless clear and convincing evidence to the contrary be presented. No bid will be accepted from any bidder who shall have failed to perform in the past after being awarded a contract, unless permitted by Commissioners' Court. 3. AWARD OF CONTRACTS. The contract will not be awarded at the bid opening, but will be awarded at a subsequent meeting of the Kerr County Commissioners' Court. The Commissioners' Court will generally award a Construction Contract to the low bidder, but is not bound to do so. In deciding whether to award the contract to a particular bidder, the Commissioner's Court will consider not only the adequacy of his equipment, his organization, his experience, his financial condition, and his prior record of performance including, in particular, his prior record of performance on contracts with Kerr County. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 4. FORM OF PROPOSAL. Each bid must be submitted on the form of Proposal prescribed by Kerr County, a copy of which is included in the Contract Documents. AI( money amounts shall be shown both in words and in figures; in case of discrepancy, the amount shown in words will govern. 5. BID SECURITY. 'Each bid must be accompanied by bank cashier`s check, or by a Bid Bond on the form prescribed by Kerr County, a copy of which form is included in the Contract Documents, in the amount of five percent of the largest possible total bid or bids, including consideration of alternates. Such sum will be paid to Kerr County as liquidated damages in the event that the bidder, if awarded the Contract, should fail within ten days following the award to execute and return the Agreement, together with the Performance and Payment Bonds r;if required) with acceptable surety. 6. ACCEPTABLE SURETY. By "acceptable surety" is meant an insurance company licensed by Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of Kerr County, for faithful performance during the preceding five years of all undertakings to Kerr County. 7. CONFLICTS AND AMBIGUITIES. Kerr County will not be bound by any oral or other informal explanation of the requirements of the Contract Documents. Any prospective bidder detecting a Conflict or ambiguity in the Contract Documents should call the same to the attention of the County Engineer and request the issuance of clarifying addendum. Absent such notice, it will be presumed that the bidder has thoroughly reviewed the Contract Documents and warrants that the project can be constructed as bid. 8. RESERVATION OF RIGHTS. Karr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. ' 9. WITHDRAWAL AND AMENDMENT. Any bidder may withdraw or amend his bid at any time before the time for closing receipt of bids. Any such amendment must be in writing and signed by the bidder. Special Instnictions & Gcncral Conditions Page 3 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 1.01 KERB BOUNTY and CONTRACTOR. Kerr County, and the Contractor are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, Signed Agreement, Pertormance and Payment Bonds (when required), the Plans and Specifications, the General Conditions, and any Special Conditions, and all modifications thereof incorporated in any of the documents before the execution of the agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who #urnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known io him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide alt materials, equipment, labor and other items necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified all materials shall be new and both workmanship and materials 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 wards which so applied have a wail known technical or trade meaning shaii be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all that may be required by KERB COUNTY to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is detined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under control of the CONTRACTOR, wiU permit construction of the principal units of the work for a period of not Isss than seven(7} hours between 7;00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week ar month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work or adjustment. Speeinl Instructions 8t C,cnerxl Conditi~mh Page 4 2. RESPONSIBILITIES OF KERB COUNTY ANn TF~IE CONTRACTOR 2.01 INSPECTION BY KERB COUNTY. Periodic visits will be made to the site for familiarization of the progress of the executed work and to determine if such work meets the performance and design features and the technical and functional engineering requirements of the Contract Documents. Notwithstanding any other provision of this agreement or any other Contract Document, KERR COUNTY shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.02 PAYMENT FOR V1/ORK. KERB COUNTY shall review CONTRACTOR'S applications fqr payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing payment to CONTRACTOR in such amounts. 2.03 LINES AND GRADES. Unless otherwise specified, all lines and grades shall by furnished by the CONTRACTOR. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR and shall be replaced at the CONTRACTOR'S expense. 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of the contract and shalt keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, methods and manner of performing such work, so long as such methods do nat adversely affect the completed improvements, KERR COUNTY being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shat! be solely responsible for the safety of himself, his employees and other persons, as well as for the protection to the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Special InstructionA Rr. General Conditi+,n.~ Page 5 Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by KF_RR COl1NTY, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, i5 agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract or for the purpose of enabling the 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 (imitation the propriety of means and designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by KERR COUNTY shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himsei# as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract, including the plans and specifications. 2.06 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by KERB COUNTY, and their use shall be strictly enforced. 2.07 SHOP DRAWINGS. The CONSTRACTOR steal! submit to KERB COUNTY, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and KERR COUNTY shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by KERR COUNTY, file with them two corrected copies and furnish such other copies as may be needed. KERB COUNTY'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called KERR COUNTY'S attention to such deviations at the time of submission, nor shall it relieve him form responsibility for errors of any sort in shop drawings or schedules. it shall b© the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by KERR COUNTY shall be for the sole purpose of determining the sufficie-~cy of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. Special Instructions K Gcnerai Cnnditii~ns Page 6 2,08 PRELIMINARY APPROVAL. No failure or omission of KERR COUNTY to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon discovery of said defective work or material; provided, however, that KERB COUNTY shalt, upon request of the CONTRACTOR, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by KERR COUNTY prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement to proper specification shall be borne by the CONTRACTOR, otherwise the expense incurred shall be allowed as EXTRA WORK, and shall be paid for by KERR COUNTY. 2.09 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by KERR COUNTY as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.10 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that KERR COUNTY may make such changes and alterations as KERR COUNTY may see fit, in the line, grade, form, dimensions, plans or materials far the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If the amount of work is increased, and the work can fairly be classified under specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, otherwise, such additional work shah be paid for as provided under Extra Work. 2.11 WARRANTY. Contractor affirms that he has reviewed in detail the Plans and Specifications, the Special Conditions, and all other documents relating to the design and construction of the work and warrant that there are no design defects and that the work can be completed as called for in those documents. SpeuiYil Tnstritction9 alt. Gcnr.ral Conditi~xis Pa~~ 7 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01 ACCESSIBILITY OF PLANS AND SPECIFICATIONS. 1. P3gc 14 due by them to KERB COUNTY, then al! machinery, equipment, tools, materials or supplies left of the site of the work shall be turned over to the CONTRACTOR and/or his Surety, should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due KERB COUNTY within the time designated here in above, and there remains any equipment and materials on the site if the work, notice there of, together with an itemized list of such equipment and materials, shall he mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of KERR COUNTY to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice KERR COUNTY may tale possession and sell or retain such equipment and materials and apply the value derived to the credit of the CONTRACTOR and his Surety. KERR COUNTY shall release any equipment and materials which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided here in shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. !n case KERR COUNTY shall fail to comply with the terms of this contract, and should fait or refuse to comply with said terms within ten(1 t?) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the w. ork ,and may remove there from all equipment and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been brought into the work, and thereupon KERR COUNTY shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. KERB COUNTY shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by KERR COUNTY and ail other sums that may be retained by KERB COUNTY under the terms of this Agreement and KERB COUNTY shall pay to the CONTRACTOR on or before thirty (30) days after the Nate of the notification by the CONTRACTOR the balance st}own by said final stair=meat, as due the CONTRACTOR, under the terms of this ,?~~reement. Spcrial ln~;tntclions & Grncrcl Conditinn~ Pad=c 1 S 1 ,~ ',, ~~ ' E. ~; J~-^ ~,~ i si r , ~' ` ~ \' ~ ` `~ UJ p ~" ~ s Y' ~ 411 ~l ~ ~yy, Wp ~ [tYt 1! 1~~ ~- ~ ~'~ 9 Q fi °~ 4' ~ { It ~ ~ ' f ' ~ ~ ~ ~ ~ D; i k ~ t ~ x TEXAS FUEL & ASPHALT CO., INC. 6746 UPRIVER RD., P.O. BOX 9605 CORPUS CHRISTI, TX 78469 TO Kerr County Clerk 700 P4ain Street Kerrville, Texas 78028 i f~ -_.,_ ~ "Sealed Bids for Paving Aggregate, Asphalt )E~ision Oil or '! Corrugated Metal ape` - g ~ ~ ~ K "Opening Date: February 22, 1994 At 10:00 AM" 9 i .~'" ., KERR COUNTY ROAD & BRIDGE -- - ADVERTISEMENT FOR BID rii1 ~ `5 C~ Q 'U.,_C~ ON l~ PAVING AGGREGATE ~.~ ~ b 1994 ASPHALT EMULSION OILS CORRUGATED METAL PIPE Sealed bids will be received at the Kerr County Clerks Office, 700 Main St., Kerrville, Texas 78028, until Friday, February 18, at 5:00 p.m. Bids will be publicly opened and read aloud February 22, 1994, at 10:00 a.m., in Commissioners' Court. Bids will be awarded or rejected in Commissioners' Court on March 1, 1994, at 10:00 a.m. Bid forms and specifications are available at the Kerr County Road & Bridge Department, 4010 San Antonio Hwy., Kerrville, Texas 78028. (210) 257-2993 Bids are to be applicable until March 1, 1995. Bids submitted, should have the bidders name, the item(s) being bid, and "Seal Bid" noted on the envelope. Kerr County reserves the right to reject any or all bids. oaD 0 0 ~~ilC Uhl ll'~ PAVING AGGREGATE ASPHALT EMULSION OIL CORRUGATEQ METAL PIPE MARCH 1994 KERR COUNTY ROAD & BRIDGE DEPARTMENT 4010 San Antonio Hwy. Kerrville, TX 78028 NOTICE TO CONTRACTORS PROJECT: PAVING AGGREGATE ASPHALT EMULSION OlL CORRUGATED METAL PIPE BID DATE AND TIME: FEBRUARY 18, 1994 at 5:00 p.m. Sealed Bids for the above referenced project will be received by the Kerr County Clerk, at 700 Main Street, Kerrville, Texas 78028. All bids must be on the Bid Form, attached to all Bid Documents. Bids received after time shown will not be accepted. Bids will be opened publicly and read aloud in Commissioners' Court, February 22, 1994, at 10:00 a.m. Bids will be awarded or rejected in Commissioners' Court on March 1, 1994 at 10:00. a.m. Contract Documents may be obtained from Kerr County Road & Bridge, 4010 San Antonio Hwy., Kerrville, Texas 78028. For Bids greater than $ 25,000.00, Performance & Payment Bonds are required. BID SECURITY and ACCEPTABLE SURETY information is specified in Special Instructions to Bidders, Page 3, Paragraph 5 and 6. Bidders shall place the following on the outside of their sealed bid envelope: "Sealed Bids for Paving Aggregate, Asphalt Emulsion Oil or Corrugated Metal Pipe" "Opening date: February 22, 1994 at 10:00 a.m." "Name and Address of Contractor" Payments will be made as specified in General Conditions of Agreement, Measurement & Payments, Page 9, paragraph 5.03 and Page 10, paragraph 5.06 thru 5.09. Franklin Johnston, P.E. County Engineer EMULSIONS SPECIFICATIONS AND BID FORM 1. SpeLifications: Emulsions shall conform to the requirements in Texas Highway Department Standard Specifications, Item 300, Asphalt, Oils and Emulsions, CRS - 2h or HFRS - 2, and MS - 1. Bids are to be in cost (in dollars) per gallon, delivered to Kerrville, Kerr County, Texas. 2. Bid Form: T~'De Bid Unit Cost CRS - 2h $____________/Gallon or HFRS - 2 $________ /Gallon MS - I $___~_______IGallon --------------------------------------------------- I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. ------------------------------- ------------- Signature Date Firm Name and Address: --------------------------- Phone: ( ) - ~E,~, if Corporation PAVING AGGREGATES SPECIFICATIONS AND BID FORM 1. _ Specrfications: Paving aggregates shall conform to the requirements in Texas Highway Department Standard Specifications, Item 302, Aggregates for Surface Treatments, unless otherwise noted herein. Alf sections apply except 302.5. Bids are to be in cost (in dollars) per cubic yard. All paving aggregate must be clean, free from dirt and clay. Aggregate that is not clean wilt be rejected. 2. Bid Form: Bid Unit Cost Tyue Grade FOB Sup pliers Plant A 3 $ !CY A 4 $ /CY A 5 $ /CY Suppliers shall match as closely as possible, the gradation as required for the above Grades. The gradations are shown in ITEM 302.4, Texas Department of Transportation 1982 Standard Specifications, Page 197, a copy of which is attached to this document for reference. Kerr County retains the right to add transportation charges to the unit prices shown above to determine the "Low bid" for a particular job site. This may result in more than one supplier being "low bidder", depending on the locations of job sites. do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. Signature Firm Name and Address: Date ,~E~„s if Corporation Phone: ( ) - ITEM 302 AGGREGATE FOR SURFACE TREATEMENTS 302.1 Description. This item establishes the requirements for aggregate to be used in the construction of surtace treatments. 302.2 Materials. Aggregates shall be composed of clean, tough and durable particles of gravel, crushed gravel, crushed stone, crushed slag or natural limestone rods asphalt. When specified on the plans, other aggregate types may be permitted or required. These materials shall not contain more than 5 percent by weight of soft particles and other deleterious material as determined by Test Method Tex-217-F, Part 1. The natural limestone rock asphalt aggregate, when furnished, shall have an average bitumen content from 4 to 8 percent by weight of naturally impregnated asphalt, as determined by Test Method Tex-215-F, and shall contain not more than 2 percent by weight on any one of or cx?mbination of iron pyrites, or other objectionable matter, as determined by Test Method- Tex-217-F, Part 1. No aggregate shall contain as a total of more than 5 percent by weight of impurities or objectionable matter listed above. The percent of wear, as determined by Test Method Tex-410-A, for each of the materials shalt not exceed 35 percent. The percent of wear on natural limestone rock asphalt aggregate a5 determined by Test Method Ted-410-A sha8 be made on that portion of the material retained on the No.4 sieve, having a naturally impregnated asphalt content of less than 1 percent. Crushed gravel shall have a minimum of 85 percent of the particles retained on the No.4 sieve with more than one crushed face, as determined by Test Method Tex-413-A, (Particle Count). The polish value for the aggregate used in the surtace or finish coucse for the travel lanes shall not be less than the value shown on the plans when tested in accordance with Test Method Test-438-A. The flakiness index for the aggregate, as determined by Test Method Tex-224-F, shall not exceed the value shown on the plans. 302.3 Types. The various types of aggregates are identified as follows: Type A. Type A aggregate shall consist of gravel, crushed slag, crushed stone or natural limestone rode asphalt. Type B. Type B aggregate shall consist of crushed gravel, crushed slag, crushed stone or natural limestone rock asphalt. Type C. Type C aggregate shall consist of gravel, crushed stag or crushed stone. Type D. Type D aggregate shall consist of crushed gravel, crushed stag or crushed stone. Type E. Type E aggregate shall consist of natural limestone rock asphalt. Type F. Type F aggregate shall tie shown on the plans. Page 2 302.4 Grades. When tested by Test Method Tex-200-F, Part t the gradation requirements shall be as foNows: Percent by Weight Grade 1: Retained on 1" sieve 0 Retained on 7/8" sieve 0-2 Retained on 314" sieve 20-35 Ruined on 518" sieve 85-100 Retained on 3/8" sieve 95-140 Retained on No.tO sieve 99-100 Grade 2: Retained on 718" s+eve 0 Retained on 314" sieve 0-2 Retained an 518" sieve 20-35 Retained on i/2" sieve 85-100 Ruined on 318" sieve 95-100 Retained on No.10 sieve 99-100 Grade 3: Retained on 314" sieve 0 Retained on 518" sieve 0-2 Retalned on 112" sieve 20-35 Retained on 318" sieve 85-100 Ruined on 1/4" sieve 95-100 Retained on No.10 sieve 99-100 Grade 4: Retained on 518" sieve 0 Retained on 1/2" sieve 0-2 Retained on 318" sieve 20-35 Retained on No.4 sieve 95-100 Retained on No.10 sieve 99-i 00 Grade 5: Retained on 1I2" sieve 0 Retained on 3/8" sieve 0-5 Retained on No.4 sieve 40-85 Retained on No.10 sieve 98-t 00 Retained on No.20 sieve 99-100 The aggregate shall not contain more than 1.0 percent by weight of fine dust, clay-like particles and/or sift present when tested in accordance with Test Method Tex-217-F, Part 11. 302.5 Measurement and Payment. Aggregates will be measured and paid for in accordance with the governing specifications for the items of construction in which these materials are used. CORRUGATED METAL PIPE SPECIFICATIONS AND 61D FORM 1. Specifications: Culvert pipe shall conform to the requirements in Texas Highway Department Standard Specifications, Item 460 unless otherwise noted herein. Bids are to be in cost (in dollars) per linar foot. 2. Bid Form: Bid Unit Cost Type Design ~ ~ F.O.B. Kerr County Read & Bridge Yard 15" Arch 1 $ 4.6s !LF 18" Arch 2 $ 5.63 /LF 24" Arch 3 $ 7.48 /LF 30" Arch 4 $ 9.35 !LF 15" Coupling Bands 18" Coupling Bands 24" Coupling Bands 30" Coupling Bands $ 5.85 Each $ 7.03 Each $ 9.2 5 Each $_ Ii.SO Each I do hereby certify that I have read the attached Special Instructions to Bidders and that prices quoted herein are to begin March 2, 1994 and be in effect until March 1, 1995. ~l X //~/ r~/' i' Signature L Firm Name and Address: _ _ <.., ~E~~t~ if ,~Corpor~itn 2/2/94 Date WILSON CULVERTS. INC. RT. 2, BOX 2635 ELKHART, TEXAS 75839 Phone: (soo) ~~~ - ons4 TABLE OF CONTENTS FOR SPECIAL INSTREICTIONS AND GENERAL CONDITIONS OF AGRFT~IVIENT Paee SPECIAL INSTUCTIONS TO BIDDERS 1. Receipt of Bids ...................................... 3 2. Accuracy of Bids ...................................... 3 3. Award of Contracts ...................................... 3 4. Form of Proposal ...................................... 3 S. Bid Security ...................................... 3 b. - Acceptable Surety ...................................... 3 7. Conflicts and Ambiguities ................................... 3 8. Reservation of Rights ...................................... 3 9. Withdrawal and Amendment ................................ 3 GENERAL CONDTIIONS OF AGRF..F_.MENT 1. DEFINITION OF TERMS 1.01 Kerr County and Contractor .................................. 4 1.02 Contract Dclcuments ...................................... 4 1.03 Sub-Contractor ...................................... 4 1.04 Written Notice ...................................... 4 I.OS Work ...................................... 4 1.Ob Extra Work ...................................... 4 1.07 Working Day ...................................... 4 1.08 Calendar Day ...................................... 4 I.0 9 Substantially Completed .................................... 4 2. RESPONSIBILITIES OF KERB COUNTY AND TFIE CONTRACTOR 2.01 Inspection by Kerr County .................................. S 2.02 Payment for Work ..................................... _5 2.03 Lines and Grades ..................................... S 2.04 Contractor's Duty and Superintendence .......... .......... ... 5-h 2.OS Contractor's Understandilxg .................................. G 2.06 Sanitation ..................................... 6 2.07 Shop Drawings ...................................... 6 2.08 Preliminary Approval ..................................... 7 2.09 Defects and Their Remedies .................................. 7 2.10 Changes and Alterations ................................... 7 Special lnstnietions 8c General Conditions Page 1 3. GENERAL OBLICiATtONS AND RFSPnNSIE3[L,iTIFS 3.01 Accessibility of Plans and Specifications .................... K 3.02 Ownership of Drawings ..................................... 8 3.03 Discrepancies and Omissions ................................ 8 3.04 Equipment and Materials .................................... $ 3.05 Performance and Payment Bands ............................. 8 3.06 Losses from Natural Causes ................................. 8 3.07 Protection of Adjoining Property ............................ 8 3.08 Protection Against Claims of Sub-Contractors, etc 8 3.09 Protection Against Royalties or Patented Invention 9 3.10 Laws and Ordinances ..................................... 9 3.1 1 Assignment and Subletting .................................. 9 3.12 Indemnification ..................................... 9 3.13 Insurance ...................................... 9 3.14 Certificate of Insurance .................................... 9 4. PROSECUTION AND PROGKESS 4.01 Time and Order of Completion ............................... 1 0 4.02 Extension of Time ..................................... 10 S. MEASi1REMENT AND PAYMENT" 5.01 Quantities and Measurement ................................ 1 1 5.02 Estimated Quantities .................................... 1 1 5.03 Price of Wprk .................................... 1 l 5.04 Partial Payment .................................... 1 1 5.05 Use of Completed Portions ................................. ] 2 5.06 Final Completion and Acceptance ........................... 1 2 5.07 Final Payment .................................... 12 5.08 Payments Withhetd .................................... 12 5.09 Delayed Payments .................................... 12 6. EXTRA WORK AND CL.ATMS 6.01 Change Orders .................................... 13 6.02 Minor Changes .................................... l3 6.OS Extra Work .................................... )3 7. ABANDONMENT OF CONTRACT' 7.01 Abandonment by Contractor ................................ 1 4 7.02 Abandonment By Owner ...................................... 1 S Special Lnstruetions Xc. Gencr~{ Conditions Pale 2 SPECIAL INSTRUCTIONS TO BIDDERS 1. RECEIPT OF BIDS. Sealed bids will be received at the place and until the time indicated in the Advertisement far Bids. All bids received will thereupon be opened and read aloud, except as provided in Paragraph 2 below. 2. ACCURACY OF,BIDS. Each bid received will be presumed to be accurate and free from error, unless clear and convincing evidence to the contrary be presented. No bid will be accepted from any bidder who shall have failed to perform in the past after being awarded a contract, unless permitted by Commissioners' Court. 3. AWARD OF CONTRACTS. The contract will not be awarded at the bid opening, but will be awarded at a subsequent meeting of the Kerr County Commissioners' Court. The Commissioners' Court will generally award a Construction Contract to the low bidder, but is not bound to do so. In deciding whether to award the contract to a particular bidder, the Commissioner's Court will consider not only the adequacy of his equipment, his organization, his experience, his financial condition, and his prior record of performance including, in particular, his prior record of performance on contracts with Kerr County. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 4. FORM OF PROPOSAL. Each bid must be submitted an the form of Proposal prescribed by Kerr County, a copy of which is included in the Contract Documents. All money amounts shall be shown both in words and in figures; in case of discrepancy, the amount shown in words will govern. 5. BID SECURITY. Each bid must be accompanied by bank cashier's check, or by a Bid Bond on the form prescribed by Kerr County, a copy of which form is included in the Contract Documents, in the amount of five percent of the largest possible total bid or bids, including consideration of alternates. Such sum will be paid to Kerr County as liquidated damages in the event that the bidder, if awarded the Contract, should fail within ten days following the award to execute and return the Agreement, together with the Performance and Payment Bonds (if required) with acceptable surety. 6. ACCEPTABLE SURETY. By "acceptable surety" is meant an insurance company licensed by Texas State Board of Insurance to act as surety, and having an unblemished record, in the opinion of Kerr County, for faithtui performance during the preceding five years of aN undertakings to Kerr County. 7. CONFLICTS AND AMBIGUITIES. Kerr County will not be bound by any oral or other informal explanation of the requirements of the Contract Documents. Any prospective bidder detecting a conflict or ambiguity in the Contract Documents should call the same to the attention of the County Engineer and request the issuance of clarifying addendum. Absent such notice, it will be presumed that the bidder has thoroughly reviewed the Contract Documents and warrants that the project can be constructed as bid. 8. RESERVATION OF RIGHTS. Kerr County reserves the rights to award the Contract to any bidder at any time within thirty days after the opening of the bids and to reject any and all bids. 9. WITHDRAWAL AND AMENDMENT, Any bidder may withdraw or amend his bid at any time before the time for closing receipt of bids. Any such amendment must be in writing and signed by the bidder. Special Inwtnu:tians c~c General C~>nditirmti Page 3 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 1.01 KERR COUNTY and CONTRACTOR. Kerr County, and the Contractor are those persons or organizations identified as such in the Agreement and are referred t~~ throughout the Contract Documents as if singular in number and masculine in gender. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), the Plans and Specifications, the Genera( Conditions, and any Special Conditions, and all modifications thereof incorporated in any of the documents before the execution of the agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide all materials, equipment, labor and other items necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a wet! known technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Wark" as used in this contract shall be understood to mean and include all that may be required by KERR COUNTY to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven(7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work or adjustment. Special In9tnictions ~4c Ceneril Ccxuiitinn.5 PR~*C Q 2. RESPONSIBILITIES OF KERB COUNTY AND THE CONTRACTOR 2.01 INSPECTION BY KERR COUNTY. Periodic visits will be made to the site for familiarization of the progress of the executed work and to determine if such work meets the performance and design features and the technical and functional engineering requirements of the Contract Documents. Notwithstanding any other provision of this agreement or any other Contract Document, KERB COUNTY shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.02 PAYMENT FOR WORK. KERR COUNTY shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing payment to CONTRACTOR in such amounts. 2.03 LINES AND GRADES. Unless otherwise specified, aft lines and grades shat! by furnished by the CONTRACTOR. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR and shall be replaced at the CONTRACTOR'S expense. 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of the contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, methods and manner of performing such work, so long as such methods do not adversely affect the completed improvements, KERR COUNTY being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection to the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Special Tnatrrrotions & General C'oncliti+mr: Page 5 Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by KERR COUNTY, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means ar method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract or for the purpose of enabling the CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by KERR COUNTY shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.45 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and ail other matters which can in any way affect the work under this contract, including the plans and specifications. 2.06 SANITf~TION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by KERR COUNTY, and their use shall be strictly enforced. 2.07 SHOP DRAWINGS. The CONSTRACTOR shall submit to KERB COUNTY, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and KERB COUNTY shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by KERR COUNTY, file with them two corrected copies and furnish such other copies as may be needed. KERB COUNTY'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called KERB COUNTY'S attention to such deviations at the time of submission, nor shall it relieve him form responsibility for errors of any sort in shop drawings or schedules. it shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by KERR COUNTY shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall r7ot relieve the CONTRACTOR of his duty as an independent contractor as previously set forth in relation to the safety of either person or property during CONTRACTOR'S pertormance hereunder. Special inytructionr & General ronditiony Page 6 2.08 PRELIMINARY APPROVAL. No failure or omission of KERR COUNTY to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance t,pon discovery of said defective work or material; provided, however, that KERB COUNTY shah, upon request of the CONTRACTOR, inspect and accept or reject any material furnished. Any questioned work may be ordered taken up or removed for re-examination by KERR COUNTY prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement to proper specification shall be borne by the GONTRACTOR, otherwise the expense incurred shall be allowed as EXTRA WORK, and shall be paid for by KERR COUNTY. 2.09 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by KERR COUNTY as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.10 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that KERR COUNTY may make such changes and alterations as KERB COUNTY may see fit. in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If the amount of work is increased, and the work can fairly be classified under specifications, such increase shall be paid for according to the quantify actually done and at the unit price, if any, established for such work under this contract, otherwise, such additional work steal! be paid for as provided under Extra Work. 2.1 ~ WARRANTY. Contractor affirms that he has reviewed in detail the Plans and Specifications, the Special Conditions, and all other documents relating to the design and construction of the work and warrant that there are no design defects and that the work can be completed as called for in those documents. Specis~l Instructions & G~ncrul Conditions Pale 7 3. GENERAL OBLlGAT10NS AND RESF~ONS1F31LITIES 3,01 ACCESSIBILITY OF PLANS AND SPECIFICATIONS. KERR COUNTY shall furnish the CONTRACTOR with an adequate and reasonable number of companies of all plans and specifications without expense to him, and the CONTRACTOR shat( keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. Ali drawings, specifications and copies thereof furnished by'KERR COUNTY shall not be reused on other work, and with the exception of the signed contract sets, are to be returned upon regt.iest, at the completion of the work. 3.03 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice. 3.04 EQUIPMENT AND MATERIALS. The CONTRACTOR shall be responsible for the care, preservation, conservation and protection of a!I materials, equipment, and parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.05 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful pertormance 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 greed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by KERB COUNTY. 3.06 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.07 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect atl adjoining property. 3.08 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save KERR COUNTY harmless from ail claims growing out of the lawful demands of sub- contractors, laborers, mechanics, materialmen, and furnishers of machinery and equipment parts thereof, and al! supplies incurred in the furtherance of the pertormance of this contract. When so desired by KERR COUNTY, the CONTACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. Special Instructions 8c General Condition Page 8 3.09 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save KERB COUNTY harmless from any loss on account thereof. 3.10 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless KERR COUNTY against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify KERB COUNTY in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR performs any work contrary to such laws, ordinances, rules and regulations, and without such notice to KERR COUNTY, he shall bear all costs arising therefrom. 3.11 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and wiH give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of KERR COUNTY, and that no part or feature of the work will be sublet to anyone objectionable to KERR COUNTY. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to KERB COUNTY, as provided by this Agreement. 3.12. INDEMNIFICATION. The CONTRACTOR shalt defend, indemnify and hold harmless KERR COUNTY and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, arising out of or resulting from the performance of the work. 3.13. INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by Subcontractor or by anyone directly employed by any of them, or by anyone for whale acts any of them may be liable. 3.14. CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR shall file with KERB COUNTY valid Certificates of Insurance and copy of the policy acceptable to KERR COUNTY. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given to KERR COUNTY. The CONTRACTOR shall also file with KERR COUNTY valid Certificates of Insurance covering all sub-contractor. Spc.inl InsUuctiuna cYc Gcncrsil Conitili~ms Page 9 4. PROSECUTION AND PROGRESS 4.01. TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, that the CONTRACTOR sha(I be allowed to prosecute his work at such times and seasons, in such times and seasons, in such order ~f precedence, and in such manner as shall be most conducive to economy of construction: provided, however, the time of prosecution shah be such that the work shall be substantially competed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also that when KERB COUNTY is having other work done, either by his own force. The CONTRACTOR shah submit, at such times as may reasonably be requested, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4.02. EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of KERB COUNTY, or of any employee of either, by other contracts employed by KERB COUNTY, or by changes ordered in the work or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which KERB COUNTY shall decide justifies the delay, then an extension of time shall be allowed for completion the work, sufficient to compensate for the delay, the amount of the extension to be determined by KERB COUNTY, provided, however, that the CONTRACTOR shall give KERR COUNTY prompt notice in writing of the cause of such delay. Slnrinl Inytructicmy ~ G~ncral ('cm~titi~m. ~ltszc' I(? 5. MEASURMENT AND PAYMENT 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shah be considered, unless otherwise specifically provided. ' 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to he furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. 5.03 PRICE OF WORK. {n consideration of the furnishing all the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, KERB COUNTY agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and while thereof in the manner and according to the Agreement. 5.04 PARTIAL PAYMENT. On or before the 1st day of each month, the CONTRACTOR shall prepare and submit to KERB COUNTY for approval a statement showing as completely as practicable the tots! value of the work done by the CONTRACTOR up to and Including the last day of the preceding month; said statement shall also include the value of all materials delivered on the site of the work that are to be fabricated into the work. KERR COUNTY shall then pay the CONTRACTOR on or before the 15th day of the current month the total amount of the approved statement, less 10 per cent at the amount thereof, which 10 per cent shall be retained anti! final payment, and further less all previous payments and all further sums that may be retained by KERR COUNTY under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, KERB COUNTY may pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at KERR COUNTY'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shaft receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment". Spcci~l ln~;tritcti~~ns ,~. Grncr~l ('om{i~,i„n.; Pngc !I 5.05 USE OF COMPLETED PORTIONS. KERR COUNTY shall have the right to take possession of and use any completed or partially completed portions of the work. not withstanding the time for completing the entire work or such portions may not have expired but such taking possession and ease shall not be deemed an acceptance of any work not completed in accordance v~ith the Contract Documents. If such prior use increases the cost of or delays the, the CONTRACTOR shall he entitled to such extra compensation, or extension of time, or both, as KF_RR COUNTY may determine. The CONTRACTOR shall notify KERR COUNTY when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying KERR COUNTY, the CONTRACTOR shall furnish to KERR COUNTY in writing a detailed list of unfinished work and may add there to such items as the CONTRACTOR may have failed to include . The "substantial completion" of the structure or facility shaii not excuse the CONTRACTOR performing all of the work undertaken whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten {10) days after the CONTRAGTOR has given KERR COUNTY written notice that the work has been completed, or substantially completed, KERB COUNTY shall inspect the work, KERR COUNTY shall issue the CONTRACTOR a Certificate of Acceptance, or advise the CONTRACTOR in writing of the reason for non-acceptance. 5.07 FINAL PAYMENT. KERR COUNTY shall pay to the CONTRACTOR on or after the 30th day, and before the 35th ,after the date of the Certificate of Acceptance, the balance due the CONTRACTOR under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nar the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. KERB COUNTY may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss, 5.09 DELAYED PAYMENTS. Should KERB COUNTY fail to make payment to the CONTRACTOR of the sum named in the final statement, when payment is due, KERR COUNTY shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement rent, interest thereon at the rate of six(6) per cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments", until fully paid, which shaii fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. Special Tnstructinn~ ~k.