HomeMy WebLinkAbout01749 ORD - 12/12/1944AN ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR AND THE
CITY CONTROLLER OF TEE CITY OF CORPUS Cb1ISTI,
TO EXECUTE FOR AND ON BEHALF OF SAID CITY A
CONTRACT BY AND BETi ".EEN THE CITY OF CORPUS
CHRISTI AND 88088 & ROOT INC. FOR TEE PURPOSE
OF LAYING 800 LINEAL FEET OF 8 -INCH CAST IRON
MATER MAINS AND 1,910 LINEAL FELT OF 6-INCH
ST I.111 WATER MAINS, RUTH THE NECESSARY
VALVES, FITTINGS, ETC, ALONG VIRGINIA ANIIE •
FROM BALDIiIN BLVD. TO GARDEN STREET EXTENSION
AND ADM GARDEN STREET TO REDDEN STREET ELE-
MENTARY SCHOOL SITE] ALSO THE LAYING OF 2,950
LINEAL FEET_ OF 8 INCH VITRIFIED TILE PIPE FOR
e. SANITARY saibaS WITH TEE NECESSARY ^.ORACLES
AND APPURTELLDMES IN CHEMED STREET mom M0R-
GAY; STREET SOUTH TO REDDEN STREET_ ELEMENTARY
SCHOOLS AND DECLARING AN EMERGENCY.
,BE IT ORDAINED BY THE CITY COUNCIL OF TEN CITY OF CORPUS CHRISTI,
TEYAS:
SECTION 1. that the Mayor and the City Controller of the
City of Corpus Christi, Texas, be, and they are hereby, authorized
and directed to execute a contract by and between the City of Car
pus Christi and Brown & Root, Inc. for the purpose of laying 800
lineal feet of 8 -inch cast iron water :wins and 1,910 feet of 6-inch
cast iron water mains, with the necessary valves, fittings, etc.
along Virginia Avenue from Baldwin Blvd. to Garden Street Extension
and along Garden Street to Redden Street Elementary School Site,
also the laying of 2,950 lineal feet of 8 -inch vitrified tile pipe
for sanitary sewers with the necessary manholes and appurtenances
in Cheyenne Street from Morgan Street south to Redden Street Elementary
School Site, a copy of which contract is attached hereto and made a
part hereof, and reads as follows, to -wit:
r14,
IROTINIEC-
Sealed proposals, addressed to the City of Corpus Christi, Texas.
for. the laving of 800 lineal feet of 8 -inch oast iron water mains and 1.910 lineal
Past of
a. on a e_ uai
Virginia Avenue from Baldwin Blvds_ to Garden Street extension and along Gatden Street to
Redden Street Elementary School site also the laying of 2,950 lineal feet of 8 -inoh vitrified
tile pipe for sanitary sewers with the neoessary manholes and appurtenanoes in Cheyenne St.
from Morgan Street south to Redden Street Elementary Sohool site.
in a000rdanoe with the plans, speoifioations and dooumente at
the by the City Engineer and obtainable at his offioe.
the City Seoretary's offioe until 10 A.b M.
reonived oafte: k g 1944,
and than publioly opened and read. Any
will be returned upopenedi
A,Ceehierls Check di dobeptable Bidder's Band, payable without
recourse to the City .of Corpus Christi, Texas, in in edtount of not lees
than five peroent (5 %) of the total amount mast a000mpany each bid.
Plans, proposal forms. speoifioations and oontraot documents may
be prooered from the City Engineer upon a deposit of ten dollars
($ 10.00 ) as a guarantee of their safe return in good condition,
Attention is called to the pre - qualification requirements adopt-
ed by the City Counoil, requiring that a complete financialstatemen open-
ing be filed with the City Seoretary at least ten (10) days prior
of bide, and that a Plan. Experience and Equipment Questionnaire, in-
eluding finanoial statement addenda, must be filed with the City Seoretary
at least seventy -two (7a) hours prior to the opening of bids.
The City reserves the right to rejeot any and all bide and to
waive informalities.
CITY OF CORPUS CRRISTI, TEXAS
A. C. MCCAUGHAN, MAYOR
lot insertion .1944
and insertion .1944
Proposal of
PROPOSAL
Plane Co#ra.r cI, -;/ xeJ
Date / a - 7- 4441.
"-vain/ 27 4l"' &4 „�vc
a oorporation organized and operating under the laws of the State of
jCdS s a partnership consisting of
an individual trading Iuu
TO THE CITY OF CORPUS CHRISTII
The uniersigned hereby proposes to furnishall the material
aleand
m
perform all the work for the anrtzmitiaaxals laying of SOO
feet of 8 -inch oast iron water mains and 1,910 lineal' feet of 6 -inoh
oast iron water mains, with the necessary valve. fittings, eto., along
Virginia Avenue from HigOwin Blvd. to Garden Street extension and along
Garden Street to Redden Street Elementary School site; also the laying of
2.950 lineal feat of 8 -inoh vitrifiid tile pipe for sanitary sewers
with the neoessary manholes and appurtenanoes in Cheyenne Street from
Morgan Street south to Hedden Street Elementary Sohool site, except
the mater_ ial to be furnished b b t as set out in the specifications,
all in a000rdanoe with the Planes Speolfioations and Contract Doon..
mentas at the unit prides shown an the attaohed sheets* to -witi
ITEIM QUANTITY
NO & UNI
1 800 ln. ft.
'TOW 4ITH UNIT BID
PRICE WRITTEN IN W
UNIT BID
RI IOU
8* oast iron pipe, in
plane:
CA( e 4/4,--
61/X. Vie
(cents)
1,910 ln. ft. 6* oast iron pipe, in
plaoe:
CAM OP //44P
(dollars))
oat
3 2,950 ln. ft. 8* vitrified tile pipe,
in plaoe:
2i✓e /20
(dollars
sa /PN /y �v2
(dents)
4 5 4 -foot standard brink man-
holes, inoluding castings
and steps, in plaoe:
am
♦ r •. ..
dollars
r4 (# 5
ntsV/ S
(dollars)
(oents)
The undersigned ages that if awarded the oontraot, he will oom-
plata same in_ ...23 - ale i 4 (working) darn,
It is understood that the quantities and prioee will be uss
for the tabulation and comparison of bids. The undersigned here!Iy
declares that he has visited the site, and has carefully examinee,
the Plana, Spooifioationa and Conbraot Dooumenta relating to the
work oovered by the above bid or bids.
Immediately upon reoeipt of notice of aooeptanoe of this bid„
we will exeoute the formal oontraot and will deliver a Surety Bono
in the amount of the oontraot for the faithful"performanoe of this
oontraot.
The Bid Surety attached, withouI endorsement, in the sum of
O'v
hie t/o e d� d o ° (
is to become the property of the City of Corpus Christi, exas, in
the event the oontraot and bond are not exeouted within the time set
forth, as liquidated damages for the delay and additional work
caused thereby.
The undersigned further declares that he will prdvide all ne-
cessary tools and apparatus; de all the work and furnish all of the
maberial and do everything required to oarry out the above mentionE.
work oovered by this proposal, in strict a000rdenoe with the lone .c.
Documents, and the requirements pertaining thereto for the sum or
sums set forth.
Seal
If Bidder a Corporation
Respeotfully.aubmitteds
J/da,vt
amp
d.I
(Clete Business Address)
TEE STATE OF TEXAS
COUNTY OF NUECES
1
AGREEMENT
THIS AGREEMENT made and entered into this dey of
I9�r by and between the CITY OP CORPUS CHRISTI,
of the County of Nueoea. State of Texas. eating through ita Mayor and City Con-
troller. thereunto duly authorized so to do. Party of the First Part, termed in
the Contraot Doeumenta as the ',owner., and
arty of the Seoond Part. termed in the Contraot bocumenta as the *Contractor'.
WITNES SET Hz
WHEREAS, in ooneideration of the sums apeoified in the proposal to
be paid by the Owner to the Contraotor at the time and in the manner hereinafter
provided, the said Contraotor has agreed and does hereby agree to furnish labor.
tools, equipment, and material, and to oonetruot complete in every detail, to -wit:
AND FOR SAID CONSIDERATION, it is further partioularly agreed be-
tween the parties to this agreements
1. That construction and installation of the above work for the
Owner shall be completed and ready for use within calendar days
from and including the date epeoified in a written order from the Owner to the
Contraotor to oommenoe mock.
R. That acid work and material for the project oovered by the Con-
traot Documents shall be oompteteiy installed and delivered to the Owner within
the time stated. clear and free from any and all Ilona, olalms and demands of any
hind for materials. equipment. supplies, labor, aooidental death or otherwise.
3. That the full oempensaation to be paid the Contraotor by the
Owner shall be payable upon ocmpletion of the work and its acceptance thereof
by the owner.
IN WITNESS MHEREOF, said parties hereto have hereunto set their
hands and seals at Corpus Christi. Texas. the day and year first above written.
ATTEST,
City Secretary
APPROVED AS TO LEGAL FORM:
City Attorney
ATTEST:
CITY OF CORPUS CHRISTI. TEXAS
Party of the First Part (Owner)
BY
A. C. McCaughan. Mayor
By
City Controller
Party of the Second Part (Contracto-
Title
FORFORPiANCE BOND
STATE OF TEXAS
COUNTY OF NUSCES f
KNOW ALL NEN BY THESE PRESENTS* That we,
of the City of jklOunty
e and .tote of . as principal, and,
authorized under
the laws of the State of Texas to sot as surety on bonds for prinoipals, are
held and firmly bound unto the City of Corpus Christi. Texas, and to the sub.
oontraotOrs, workmen, laborers, mechanics and furnishers of material, as their
interest may appear. tell of thaw sh611 have the right to sue upon this bond,
4-1 in the penal sum 0\1"j
' ` `;f f i$ o ` '
lawful ourrenoy of the United States Of Ameriba, for the payment of which,
well and truly to be made we do hereby, bond curatives, our heirs, exeoutors,
administrators, and suoofasore, jointly and severally and firmly by these
preeentsl
THE CONDITION OF THIS BOND IS SUCH TUT ...WHEREAS, The above bounden
has on the day of_.•
19__,a entered into a oontraot with the City of Corpus Christi, Texas, for
furnishing all materials, equipment. labor, supervision and other aooeesaries
neoessary for the oonetruotion of airtain improvementa. as more particularly
designated in said Agreement and Specifications hereto attaohedt
NOW, THEREFOAE, It the above bounden
shall and will faithfully perform said agreement, and shall and will in all
reepeots duly and faithfully observe and perform' all and singular the cove
manta, oonditions and agreements In and by said oontraot agreed and oovenant::j .
by the said to be observed and per£onmoe4
and a000rding to the true intent and moaning of said Agreement and the P;. ^ore
and speoifioations hereto annexed, and as well during any period of sxteasio:
of said oontraot that may be granted on the part of the City of Cora:1s Qn:1r: ,
Texas, as during the original term of tame, and shall well and truly pay all
subcontractors, workmen, laborers, mechanics and furnishers of material all
moneys to them owing by said for
oontraots, work, labor and material done and furnished for the oonstruction
of such improvements for the City of Corpus Christi. Texas, then this obit.
gation shall be and 'estate null and void; otherwise to remain in foil force
and effeot,
0
bu kereun.ta dot hie Windt. 8d tWei arid: sirety has these presents. to
!Rs i ..80uted by itc 4u1y :autpatised pg n4 y�th oft tor, end ;Ats::oarpatata`:. '
seal. tp:.k ber•w to' fixed :at ' • oii t $
1pt.:.. �$
11 mt.
GONTMOTOR
W .BRIM 1.1001 TUNE
ADD ..B. ...: ..::.
ITSIS
Er* Vona
a iry► a ' s **Oa
'i'h1x Project aoneieti oP the laying of *14 rortlat4y 800 €in,.i.
.feet or 8 —itioh oast_ iron water pip* and 3,91Q Itnesl #sat 9P ia_nh neat irco
water pipe, with the lzeoee1ary valvex, Pitting *, 6bo4 shown on the plane. T
also. , ooneiete oP the laying- or 2, 850 lineal' £eat oP 8.it*oh; vitrified .oilea pigs;
!or uanitary senate, with the aeeeaeary mabltoleI appurtef*noss,- `The shove. -
o otruoti i ie to serve_ the Heddel 3treot a1,e0ent0;y 2ehool 4t Ca tt`dhitit4,
Taxi,
The Contraotor.ahall do all of the work as psovidsd in the Plar 1te4 w
fteatlone, 8peo.ia1 Provialone, ?ropoael, and,',Contraot, aha11 ao sash a4r .
ditloaal mark ae aey be = onnxidered neoesearq to oo*p1et+4■, the work`ia
eetlgfaetory and.,eceepteble'manaer,-
the Coritraotor:shall !'urniah ail labor. to414, egaiprientr **ehiaezlr and
■atsrial, Oro opt the aatorial furiil:.hed by the City, ate heraiwifterr apeoir1ed,
aeaeuarary to the. praaeoatiou and eoepletioa of '1),0-401i14,,,,
eoo� of 'the Wori�t
'21e" project eolegr1ee the e4flstraeti #! ,x aster mala :tom: !►inG_Hlgde
south e1oag HITio.g inia Avenus.- to Qarden street o ttei -col o_eitd tits** asgiFeily,
iolong Oarden 8troet bo the - Redden St're*t E1 eaentare}� School- site, = it also
aompriaea ttte oonetrstotion oP an $. 4noh Sanitary eewar along 0e�renite Street
tom' Morgan Street aatrth to Oardop` 8trerro a>zd the�q e.ett..erly al }tip +9i! all
Street to theabove,maatioaod eohool xitey •
wit City has purohesed ,*ad will • *amiss th. oixst iraln_ pips . d ralv*a,
iittinga, oto.� for the rater aaltta lixted i* ihia,;prajeot. twill Iri, ,,;
deliversd to -`the Contraotor dt thr sits -.„the tgorY,
Th. Contraotc9>' shall tl ,flub e11 load pfd is for jO Uing aateriel ; oi
thin project, The Qcrttraotoj2 bill also - P!trnt h all ,matsrixle tieeeaaary Par titer
eonatritoti oil- of the - eagitarr. eower-mai n
Bar 'Hieht.of way.x`
The City :rill i'gr ah too ant re 4.°1"t4
8br Iouioi t and,Laboxi
fiht C0*traat447, abnil 'tql nieh. 1 Masse *airy tQOZs and oquipaaa s- tar the
'eonat laetion +t th1,*tlt'ek'.1inu, a,di; iiha eqp twat *hall be ot th..''propsr•
land, ,zse
2.. ' oraneSt
The,iontrsator .111 fur iiah li.p.ttioNinto bordt. o7E °take emot*nti; of
t4iContrat. �tel also aa an$slaintaiYidliziatty + pe t n *noro
ioei inoladng
deft* cosecs -ge, hnd yui4-1o'Llabil tjr and: Property damage inures.
or Foot -1.4e t 50,000.;00— and $00,Orao0o4
34 Lines and Grades.
All parts and units of the projeot shall be constructed in an-
oordanoe with the plans and speoifioations, and to the lines and
grades established by the Engineer, and shall be so maintained
until final aooeptanoo.
4, 9tora:e and Handling of iiaterialei
Materials entering into the work shall be handled and stored
in such a manner that their quality and identity will be maintair.edc
Any material to be incorporated into the work, if used temporarily
for oonatruotion purposes, shall be inapeoted and approved by the
Engineer after any temporary use and before being inoorporated into
the work.
5. Adenuaev of Equinmenti,
All equipment for the projeot or direotly affeoting material
entering into the work shall be adequate to do the work for whine is
is called upon, shall be in first olase working and produoiag ooa-
dition, and shell be aooeptable to the Engineer.
Equipment whioh, through failure, would affeot the strength
and stability of the work, shall be supplemented by stand -by
equipment; this applies in particular to oonorete produoing equipment&
oonorete planing equipment, truoks, vibrators, pumping equi- entt& no,
Toole used on the work shall be standard for the duty required
and in good oondieion. There sewer, water, gas pipes or other
public utilities are encountered, they shall be prOteoted by.the
Contractor mho will be responsible for oroseing them in suoh a
manner as not to oause damage. Any damages 000uring because of the
Contraotor's work will be repaired by the utility oompaay affected,
at the Contractor's expense. «hero such utilities are encountered
and are required to be removed or relooated beoause of the work,
the moving or shifting of the same will be done by the Owner's
foroes at his expense.
The Contraotor shall so arrange his work that the Owner's foroaY
may do suoh work at a minimum of post, and shall give the Owner
sufficient advan oe notioe of the work to be done, that a minimum
of delay will 000ur to both the Contractor and the Owner.
The Owner will handle such work as promptly as his foroes will
permit, and Contractor will be allowed no claims due to delay cf
the Owner in completing the work neoeesary.
6, profiles and Croee- SeotionsA
Profiles of the various sewer mains as shown on the plane aro
taken from actual field work and may be oonsidered as essentially
accurate in estimating the projeot, however, at the time the linos
are actually built, new profiles will be run and pipe grades adjusted
to the conditions found. Estimates will be based on final grades*
70 State ti%age Laws
Attention is oalled to the fact that the inclusion of a minimum
sohedule of wages to be paid employees engaged in work under this
oontraot does not relieve the Contraotor from oomplianoe with any
State %gage Law which may be applioable. The Contractor must abide
by the wage laws of the State and must not pay lees that the rates
legally prescribed or as set forth herein, eh/Obeyer is the higher('
B. *aantitiee in the Proposals
The quantities of work and the materials set forth in the pr:,• -.
poeal form or on the plane represent approximately the work to ba
performed and the materials to be furnished, and are for the purpose
of comparing the bids on a uniform basis. Payment will be made
by the City to the Contraotor only for the aotual quantities of
work performed or the materials in accordance with the Plane and
Speaifioatione.
9. Inoreased or Decreased Quantities'
The City reeervee the right to alter the quantities of the work
to be performed or to extend or shorten the improvements at any t'.ma
when and as found necessary, and the Contractor shall perform the
work as altered, increased or decreased at the oontraot unit
prices. Such increased or depressed quantity shall not be more than
twenty- five(25) peroent of the oontemplated quantity of 'such item "
or items. No allowanoe will be made for any change in antiaipated
profits, nor shall such ohanges be ooneidered as waiving or invali-
dating any conditions or provisions of the oontraot or bond.
10. Alteration of Plana and Sweoifiaatione,
The City reserves the right to make suoh changes in the Plans
and Speoifioations and in the oharaoter of the work as may be neoae'
nary Sr desirable to insure oompletion in the most satisfaotory
manner. provided such changes do not materially alter the original
plans and speoifioatlons or change the general nature of the work
as a whole. Suoh ohanges shall not be ooneidered as waiving cr
invalidating any condition or provision of the oontraot or bona
%+hen any work is neaeseary to the proper oompletion of the
projeot. for which no prioes are provided in the proposal and Lc^, .
tract, the Contraotor shall do suoh work, but only when and es
ordered in writing by the Engineer. Payment for extra work will
be made as hereinafter provided.
11, araminetion of Plana,, Booeifioutions. $ite of Works
Bidders are required. prior to submitting any proposal, to
oarefully read the speoifioationa, proposal. oontraot and bond
forms, to visit the site of the work. to examine oarefully looal
oonditions, to inform themselves by independent researohr tests
and investigations, of the diffioulties to be encountered and judge
for themselves of the accessibility of the work, and all attending
oiroumetanoea affeoting the cost of doing the work or time required
for its completion, and obtain all information required to make an
intelligent proposal, No information given by the City or any of-
ficials thereof, other than that shown on the plans or oontained
in the specifications, proposals, and other dooumehts, shall We
binding'upon the city. Bidders shall relay exulusibely upon their
own estimates, itaveatigatione, teats and other data which are nu-
oesaary for the full and complete information upon which the pro.
posal may be based, It is mutually aggreed that submission of a
proposal is evidenoe that the bidder has made the examinationse
investigations and testa required herein,
12. Preparation of Pronoaala
The bidder Shall submit his proposal on the forma furnished
herein, All blank epaoee in the form shall be oorreotly filled
ine and the bidder Shall state the prioea, written in inky both in
words and numerals. for which he proposes to do the work oontemplated
or.°..eruiso the materials required. Suah prioea Shall be written
distiaotly logibloo In case of disorepanoy between the prioe
written in words and the prioea written in numerals, the prioe
written in words aha11 socorn.
If proposal is 'submitted by an individual, his name must be
signed by him or his duly authorized agent. If the proposal is
submitted by a firm, aaaooiation or partnershipg the name and address
of eaoh member must be given, and the proposal signed by a member
of tue firm, association or partnership. or person duly authorized.
If t :.e proposal is submitted by a oompany or oorporation, the oompery
or corporate name and business address must be given. and the
proposal signed by an official or duly authorized agent, Po\,cwn of
Attorney authorizing agents or others to sign proposals munt be
properly certified, and must be in witting and submitted with
the proposal.
No proposal will be considered unleas it is aeoemjanied by a
ceshier'a 'shook drawn on a looal bank, payable.unoonditional].y to
the Mayor of the City of Corpus Christi. Texas, or a bid bond f:-:
a recognized bonding oompany in the amount of five (5) Foment of
the total amount of the bid. The proposal guaranty is required by
the City as evidence of good faith and as a guarantee that if awo del
the oontraot, the bidder w ill execute the oontraot and furnish the
required bonds within ten (10) days after the reoeipt of aocapte°13r..
130 gilina of Pr000salso,
No proposal will be oonsidered unless it is filed with the City
Secretary at Corpus Christi, Texas. within the time limit for rem
oeiving proposals as stated in the advertisement. Those propo&aie
shall be sealed. plainly marked with the word QProposalo and the
name or description of the projeot as designated in the ddvertiae-
meat.
Proposals filed with the City Secretary cannot be - Withdrawn
or modified prior to the time set for opening proposals. A request
for non- oonsideration of proposals must be made in writing addressed
to the City Council and filed with the City Secretary prior to the
time set for opening bids. BfteS other proposals are opened and
publicly read, the proposal for whioh withdrawal is properly re-+
quested may be returned unopened.
The proposals filed with the City Seoretary will be opened and
read in the presence of the City Council at the time stated in the
Advertisement, and shall thereafter remain on file with the City
Secretary. No oontraot drill be entered into, based on suoh proposalsv
until forty ■eight (48) hoarse shall have elapsed, as provided
by the City Charter.
Proposals shall be oonsidered irregular if they show any
omissions, alterations of form, additions, or oonditions not oalled
for. unauthorized alternate bids or irregularities of any kind,
However, the City reserves the right to waive any irregularity and
to make the award in the best interests of the City.
The City reserves the right to rejeot any or q11 proposalsa
and all proposals submitted are subject to this reservation„
14, ,Award and Execution of Qoi tract t
After proposals are opened they will be tabulated for com-
parison on the basis of bid prioes and quantities Shown in the
proposal. Until final award of the contract. the City reserves the
right to rejeot any or all proposals, to waive teohnioalitiesa and
to re- advertise for new proposals, or prooeed to do the work
otherwise in the best interests of the City.
The City reserves the right to withhold the award of the
oontraot for a reasonable period of time from date of opening of
proposals and no award will be made until investigations are made
as to the responsibility of the low bidders.
As soon as proposal prioes have been tabulated for oomparison
of bids.the City may, at its disoretion, return the proposal
guarantees a000mpanying the proposals. whioh, in its judgment,
would not be oonsidered in the award; all other proposal guarantees
will be retained by the City until the required oontraot and bonds
have been exeouted, after whioh they will be'returned. No proposal
guarantees will be returned, however. until after the forty -eight
(48) hours have elapsed from the time of Opening bide.
15, Surety Bond,j
With the exeoution and delivery of the contract the Contractor
shall furnish and file • ;rith the City in the amounts herein required
the following Surety Bondat
(1) Ferformanoe Beach A good and sufficient performance bond
in an amount equal to one hundred (100) percent of the ap..
prdximate total amount of the contract, as evidenced by the
proposal tabulation or otherwise, guaranteeing the full and
faithful execution of the work and performanoe of the con..
tract, and for the proteotion of the dit7r and all other
persons against damage WY reason or negligence of the Con...
traoter, or improper execution of the work, or the use of
Leerier materials. This,00nstruotidn bond shall guarantee
the paymeht for all labor, materials and equipment used in
the oonstruotion of the work, and shall remain in fu11 foroe
and effedt until final aooeptanee of the improvements by
the City.
No sureties will be aooepted by the City who are nos'in default
or delinquent on any bonds, or who are interested in any litigation
againat the City. All bonds shall be made on forms furnished by the
City and shall be executed through the looal agent of said surety.
16, Execution of Contraot,
The person or persona, partnership, oompapf, firm, assooiation
or oorporation to whom a oontraot is awarded Shall, within ten (10)
days after such award, sign the neoessary agreements entering into
the required oontraat with the City and exeoute and deliver. the re..
quired bonds,
No oontraat shall be binding on the City until it has been sued
by the Mayor, Controller, attested by the City Secretary and approved
as to legal form by the City Attorney.
17. Failure to Exeoute Contracts
The failure of the bidder to execute the required bonds or to
sign the required contract within ten (10) days after the oontraot
is awarded shall be oonsidered by the City as an abandonment of
his proposal. and the City may annul the award. By reason of the
nnoertainty of market prioes of materials and labor, and it being
impracticable and diffioult to aoourately determine the amount of
damages aooruing to the City by reason of said bidde5's failure to
exeoute said bonds and oontraot within ten (10) days, the proposal
guaranty acoompanying the proposal shall be the agreed amount of
damages whioh the City will suffer by reason of suoh failure on the
part of the bidder. and shall thereupon immediately be forfeited
to the City.
The filing of a proposal will be considered as an aooeptanoe
of this provision.
ITEM 20. 2.
COiTROL 0' THE WORK AND n ;.TERIALS
1. Authority of the Engineer:
All work shall be performed under the supervision of the Engineer,: in
a workmanlike manner and to his satisfotiou. Ho shall decide all questions
which arise as to the quality and aecajt cility of the aatorials furnished,
work performed, manner of performance., rite of progress of the work, sequence
of the oonstruction, interpretation of the plains and specifioations, aocept-
able fulfillment of the oontraot, compasation, mutual rights between contract -
orauunder these speoifioations, and suapeasior: of the work. He shall deter-
mine the amount and quality of the work performed, materials furnished, and
his decision and estimate shall be final. its estimate in suoh event shall
be a oondition preoent to the right of the Contraotor to reoeive money due
him under the contraot.
2. Conformity with Plans:
All work shall conform to the lines, grades, oross- seotions, and
dimensions shout on the plans. Any deviations from the plans which may be
required by the exigencies of construction will be determined by the
Engineer and authorized by him in writing.
3. Existing Struoturesa
The plans show the locations of all known surface and sub - surfaoe
struotures. aowever, the location of many gas mains, water mains, conduits,
sewers, eto., is unknown and the City assumes no responsibility for failure
to show any or all of these struotures on the plans, or to show them in their
exact looation. It is mutually agreed such failure will not be considered
sufficient basis for olaims for additional compensation for extra work or for
increasing the pay quantities in any manner whatsoever, - unless the oonstruot-
ion enoountered is suoh as to necessitate changes in the lines or grades, or
requires the building of speoial work, provision for whioh is not made in the >>•
.
plans and proposal, in which oase the provisions in these speoifioations for
extra work shall apply.
4. Coordination of Plans. Speoifioations, Proposal and
Special Provisions:
The plans, tnese speoifioations, the proposal, and all supplementary
doouments are intended to describe a oomplete work and are essential parts
of the oontraot. A requirement occurring in any of them is binding. In case
of discrepanoies, figured dimensions shall govern over soale dimensions;
plans shall govern over speoifioations; speoial provisions shall govern over
both general and standard speoifioations, and plans and quantities shown on
the plans shall govern over those shown in the proposal. The Contraotor
shall not take advantage of any apparent error or omission in the plans and
specifications, and the Engineer shall be permitted to make suoh oorreotions
or interpretations as may be deemed neoessary for the fulfillment of the
intent of the plans and speoifioations. In the event the Contraotor
discovers an apparent error or disorepagoy, he shall immediately oall this
to the attention of the Engineer.
5. Cooperation of Contractor:
The Contractor will be supplied with three copies of the plans and
specifications, and shall have available on the work at all times one Dopy
of said plans and speoifioations.
The Contractor shall give to the work the oonsistent attention necessary
to facilitate the progress thereof, and he shell cooperate with the Engineer,
his inspectors, and with all other oontractors in every way possible. The
Contractor shall provide a competent superintendent on the work at all times,
who is fully authorized as his agent on the work. Suoh superintendent shall
be capable of reading and understanding the plans and speoifioations and
shall receive and fulfill instructions from the Engineer or his authorized
representatives.
The Contraotor shall provide all facilities to enable the Engineer
and his inspectors to inspeot the workmanship and materials entering into
the work..
6. Construotion Stakes;
The Engineer will furnish the Contractor with all lines, grades and
measurements necessary to the proper proseoution and control of the work
oontracted for under these speoifioations. Such stakes or markings as the
Engineer may establish, eitaer for his own use or the Contractor's guidanoe,
shall be preserved by the Contraotor until authorized by the Engineer to
remove same. Any stakes damaged or destroyed by the Contraotor through
negligence shall be replaoed by the Engineer at the Contraotor's expense.
7. Source of Supply and cuality of Materials; .
The materials shall be the best proourable, as required by the plans,
speoifioations and special provisions. The Contraotor shall not start
delievery of the materials until the Engineer has approved the source of
supply. Only materials conforming to these speoifioations shall be used
in the work, and such materials shall be used only after written approval
has been given by the Engineer, and only so long as the quality of said
materials remains equal to the requirements of the speoifioations. The
Contraotor shall furnish approved materials from other sources if, for any
reason, the produoe from any source at any time before oanmenoement or
during the proseoution of the work proves unaooeptable. After approval, any
material whioh has become mixed or coated with dirt or any other foreign
substanoes during its delivery and handling will not be permitted to be
used, exoept that such material as can be must be thoroughly cleaned before
using..
8. Samples and Tests of Materials:
V,here, in the opliiion of the Engineer, or as palled for in
the specifications, tests of materials are necessary, suoh tests
will be made at the expense of the City unless otherwise provided.
The failure of the City to make any tests of materials shall in no
way relieve the Contractor of his responsibility of furnishing
materials conforming to the speoifioations. Tests, unless other-
wise specified, will be made in accordance with the latest standard
methods of the American Sooiety for Testing Materials. The Con-
tractor shall provide suoh vaoilities as the Engineer may require
for oolleoting and forwarding samples and shall not use the mater-
ials represented by the samples until the tests have been made.
The Contractor shall furnish adequate samples without charge.
9. Storage of Materials;
Materials shall be stored so as to insure the preservation
of their quality and fitness -for the work. "then direoted by the
Engineer they shall be placed on wooden platforms or other: hard
clean surfaces, and not on the ground, and shall be plaoedunder
cover when direoted. Stored materials shall be placed and located
so as to facilitate prompt Inspection,
10. inspection;
The Contractor shall furnish the Engineer with every reason-
able facility for asoertaining whether or not the work performed
wag in accordance with the requirements and intent of the plans
and speoifioations. Any work done ( exoept excavation) or materials
used without suitable supervision or inspection by the Engineer may
be ordered removed and replaoed at the Contractor's expense.
11. Removal of Defective and Unauthorized Work;
All work which has been rejeoted or dondemned shall be re.
paired, or if it oannot be repaired satisfactorily, it shall be
removed and replaoed at the Contractor's expense. Defeotive ma-
terials shall be immediately removed from the site of the work.
Work done without line and grade having been given; work
done beyond the lines or not in oonformity with the grades shown
on the plans or as given, save as herein provided; work done without
proper inspeotion or any extra or unclassified work done without
written authority and prior agreement in writing as to prices, shall
be done at the Contractor's risk and will be oonsidered unauthorized,
and at the option of the Engineer may not be measUned and paid for,
and may be ordered removed at the Contractor's expense.
Upon the failure of the Contractor to satisfaotorily repair
or to remove and replace, if so directed, rejected, unauthorized
or condemned work or materials immediately after receiving notioe
from the Engineer, the Engineer will, after giving written notioe to the
Contraotor, have the authority to cause defective work to be remedied
or removed and replaced, or to cause unauthorized work to be removed and
to deduct the oost thereof from ary moneys due Or to basome due the Con -
traotor,
12. Salvage
All materials such as pipe culverts, structural steel, timber, rail-
ings, etc., whioh is deemed salvable by the Lngineer, shall be carefully
plaoed in neat piles along the right -of -way at convenient loading points
which will not interfere with traffic or construction. All materials
salvaged shall be the property of the City of Corpus Christi, Texas.
Materials such as concrete, reinforcement, timber, etc., which are
not deemed salvable by the Engineer, shall be placed in neat piles along
the right-of-way so as not to interfere with construction or traffio
and so as not to obstruct the flow of water unless otherwise provided.
13, Final Cleanun3
Upon completion of the work and before aooeptanoe and final payment
shall be made, the Contractor shall clean and remove from the site of the
work surplus and discarded materials. temporary struotures and debris off
every kind. We shall leave the site of the work in a neat and orderly
condition; equal to that whioh originally existed. Surplus and waste
materials removed from the site of the work shall be disposed of at 10-
oations satisfactory to the Engineer.
14. Final Inspection:
The Engineer will make final inspection of all work included in the
oitntraot as sCon as practicable after the work is oompleted and ready for
acceptance. If the work is not acceptable to the Engineer at the time
Of suoh inspection, he will inform the Co traotor as to the particular
defeots to be remedied before final aooeptanoe will be made.
ITEIui NO. 3.
LE3iL RELATIONS AND PUBLIC RCSPONSIBILITY
1. Laws to be Observed:
The Contractor shall at a]]. t_mes o]& e.rve and oomply with all
Federal and State Lees, and _°ty crdt:er;c,es and regulations whioh
in any manner affect the conduct cf the 'work and shall observe and
comply with all orders, laws, ordinances and regulations which ex-
ist or whioh may be enacted later by bodies having jurisdiction or
authority for such enactment, and no plea of misunderstanding or
ignoranoe thereof will be oonsidexede The Contractor and his -Sure-
ties shall indemnify and save harmless the City and all its offioiers,
agents, and employees against any claims or liability arising from
or -based on the violation of any such law, ordinanoe, regulation,
or order, whether by himself or employees.
a, Remits rtn3 Licenses.:
The Ccntraotor shall prooure all permits and lioenses, pay
all charges and fees except for those obtained from City Departments,
and give all notices neoessary and incident to the due and lawful
prosecution of the work.
3, Pater. +ed Devioes, Materials and Processes:
If the Contraotor is required, or desires to use any design,
device, material or prooess oovered by letters of patent or oopy-
right; he shall provide for such use by suitable legal agreement
with the patentee or owner. It is mutually agreed and understood
that without exoeption, contract prices shall include all royalties
or costs arising from patents, trademarks and copyrights in any way
involved in the work. The Contractor and his Sureties shall indemnify
and save harmless the City from any and all olaims for infringement
by reason of the use of any such patented design„ device, material
or prooess, or any trademark or oopyright in connection with the
work agreed to be performed under this ccntract, and shall indemnify
the City for any oost, expense or damage which it may be obliged
to pay by reason of suoh infringement at any time during the pro-
seoution of the work or after completion of the work,
4. Sanitary Provisions:
The Contraotor shall establish and enforce among his employees
such regulations in regard to cleanliness and disposal of garbage and
waste as will tend to prevent the inception and spread of infectious
or contagious deseases, and to effeotively prevent the creation of a
nuisance about the work or any property, either publio or private, and
such regulations as are required by the Engineer shall be put into
lmmed$.ate force and effect by the Contraotor. The necessary sani-
'oongeniehoas for 'fie +l30 of laborer
sesrlu3ed r_ror perms obsery ition, "shall be o nstr.uo ed Qr d m t
#atned by 11:441 G ntrantii ih _otteh,,ma44n0r and` Bt' alt polite as. i.
be a roved '.-17 ,the' g?.gi a ,ii arid. ti o4 40.-7-411-41 be. abris tly
a3 arosd b, thOCOS,t?'acs -vol'. 'All writers► ievrh a d egylattowa of
the State Of'Texeo 644 7410 City of Corpus. tittiett thal be `etreat -3y
moargiiosi Iiith4 ' " .
fie Plib in ConveitiesiO4
and' of ¢
Idatariel,a atone;; about: the work shah "„be so l?�aoedi .stsd the
ws }**. s4e1,X et all Vie* ba_4b 0(tUl40teds UO.4,1 muss no g$at9r. sit•t
strgotion to th0 tii044nt .pirblia ttiah i$ a sislerec 7a0offs0` ry by -.- -
Fxa 14U0r. i'ho COntraot #z; ahell.htake pr **.44:nna V: bridges
etr Sys Parstheafr ,- tret. highipi -i i 44.40. 4....* 44d = p4v.:4-te : >.•.
atid°d that where Passage o£ - pedestt�iaae snd vehioles4'?pro
briclk -4 ie ;impreetleabla ± - 0eeesaryv ;>4n. tfaa"
apiu on of the- aegilseer '4he Qnntreoter may g eirengement_ e sat..::
is satnry to.;the Enguneer ibr- -the dioersioia ip trarfutt and -shalt a'b- .
1 1is oft expense provj.ds all materials and psrtorm, all work ai'ooessat t
£or the 4ons #rlrotion end main;tenanoe -.oF rso ap* a3 d -: •isridgee' Lfor t1 a,.-
�rff? r or, braY£ta, id -07- -
ieti- tsnission op mue.no'r ba *rszsted 0zoei #,
` r ;t an ttietaribe eueed the *b '&'raGatl bP _..n-
t;0 p? stioei7 so as at.,t eisda i er
;to all tits h S trha '�OZ i or Pie asst fre0.
sale he t&, -wa1 er v4.004 s 0ip.o.i manholes tor:.
- . telegraph; -ignal br eleotrioal o duita, ,aantter or
staff # wars! end fire >slai'm; er poling gall ;;axes *.r h0 Tiieinity,
Clby reserves the t o
0 t p ti b o" the-' pdrt"' 0f the itraotor as regersks the ti 1p :0c.rm0ntep o-a 404 sfey suh0h
T4u oao to its attentih sfte twea t*h ks nott .i k_ -to the OPateet.eri a i4 8 a of gras r y 0 t hata l
. -;hae "hn .xiht t roe *y 4,4at of ho t %#4 , A r. ffi# oa saoy'4 -o uoh voe: y the Ci ffi • dedted`Sr*4 so d *.:4e r 0ootte- dse t' Cot o #
aritraotor, ah41341lo #4y the Firs Bepe frnent Headquarters- -
• +heti y. attest- _da`6100s& °r,bbstruoterY= an 0-# dirootec by the - --
414Pers shell `keep - ny 'iii-vr Streets in aondit oes tOr nn� '
4botrtiotarl use by
t fi re apaa ua. . 1h0re the arc xtimauge st is :rag#r@
-o 0e4etrlot tempos b 4ge -or ;aks ;ctbar afnsnta for u#!Por >
ge .* ditohas or str0ams, h?.a res 10.014bi ty t'or aaoidairts slieil
4nz�a' roadi4iii iii*. iii00 ds :..4 ss #kse s' .-iigi i*:o of s. o7x • _ .Aiy • lei e
'i oi' .0n�'rair r — ,Susses ' - evs
.. k3 to af,ii ! - -
P i the pexformenoe eP tie- oo1rtraot, the 17'
7ontraotor will - ' he -
peogl*e4,- to t4opy ooh. iortlexte Of streets -pr alleys or •ther
944-14 plaoes 02,- oth0r rights ef.4tay as provi41e4- tor!- 4-n.the bt.r
ae o.£ the t+ity, .4s; wn_ of the •3-1ans or :4. F®rmitted by V*
4tztn404. . A reaSonabld smcs ct of toola,. Moats an equipment
£or a truotiott purp00:4 * be stored wish -21)4004 -but trot • 4ts:r0..
than is necessary to avoid delays. in the construction. Excavated
and waste materials shall be piled or staoked in suoh a way as not
to interfere with spaces that may be designated to be left free
and unobstruoted, nor inoonvenienee 000upants of adjoining property.
Other Contraotora of the City male for all purposes required by
their contracts, enter upon the work and promisee used by the Con -
traotor, and the Contractor shall give the other oontraotors of the
City all reasonable faeilities and assistanoe for the oompletion of
adjoining work, Any additional grounds desired by the Contraotor
for his use shall be provided by him at his own coat and expense.
7. Railway Crossings;
Where the work enoroaohes upon any right -of -way of any railway,
the City will secure the necessary easement for the work. Where rail-
way tracks are to be orossed, the Contractor shall observe all the
regulations and instruotions of the railway company at to the methods
of doing the work, or precautions for safety of property and the publics.
All negotiations with the railway oompany, except for rights- ofwway,
shall be made by the Contractor. The railway oompany shall be not-
ified by the Contractor not less than five (5) days previous to the
time of oommenoement, of his intentions to begin work. The Contractor
will not be paid direot compensation for such railway orossing, but
shall reoeive only the compensation as set out in the proposal.
B. Barrioades, Lists and Vatohmene
.here the work is oarried on in or adjaoent to any street, alley
or publio plane, the Contractor shall at his own ooet and expense fur-
nish and ereot suoh barrioades, Pewees, lights and danger signals,
shall provide suoh watohmen, and shall take such other precautionary
measures for the proteotion of persons or property and other work as
are neoessary. Barrioades shall be painted in a Dolor that will be
visible at night. Prom sunset to sunrise the Contraotor shall furnish
and maintain at least one light at each barrioade. ti sufficient number
of barrioades shall be erected to keep vehicles from being driven on
or into any work under oonstruotion, The Contraotor shall furnish
watchmen in auffioient numbers to proteot the work.
The Contraotor will be held responsible for all damage to the
work due to the failure of barrioades, signs, lights and watohmen
to protect it, and whenever evidenoe is found of auoh damage, the
Engineer may order the damaged portion immediately removed and re-
placed by the Contraotor at his post and expense. The Contractor's
reepOnsibility for the maintenance of barrioades, signs, and lights
and for providing watchmen aha11 not Deese until the project shall
have been accepted by the City..
Froteotion end Restoration £- Pros_t�i"
wher� 'the work paeseg7,•0, or,'t r4it private propeity the 0i-ty
.`proi44. sueh right og. y, The dontreotar,sbATi nab 'enter otatt
theVetoerr a� without ha iiig pregiOtaly obtained. permission from'
a., Pao aont-�raotor sha11 be- r annibielPflr th4 irreseetn inn
of, --and snail use e-i',4 preasution to p e otit age to all trees* • +.rubber * g1:ent: a inns feObiiii of iii F,a, brid�ad� pe m' ' .
d �rg3rayg> ido, ,:,4 eto,s :tp aU eater, sewer and gas• :ttas, to ei1 •
eonduita:4, t:9,? :41I overhead pole Unsay or- appurtenaxioes thereof, afl
to. a *trio ::1:41b14 or ,prieate'proys'rtST along ar a_ajjaaen't, to the ;
wo,rko , The 4,ontraoto shall: #1.ry t4O proper r rrosent4Aie# of
11'io.utiii tys cor bxationi j oompntiy or iridiridual ti0 Le & titan
.rnirblia ight,.id81 hours in advance aY'.ny iiork ion r ight`iiamage:o;
interfere with Operation o£ weir or his property along o adJaeont
the work, The ftnutraotor:'-'shoil, lie regpongib 4 roc ali. "damage iay.
zi'lry to- .proporty "o .any oli asttoir,'.resui.tirig rro?#-any act -.-- arms ;:'
g ,'eot or ipi$oonduet in the - manner: or settiod of eseo in$ he worn'
or .due to Asia, noit— n*OirEion of the wpr 9r: at _any time two to de-
` twitive work or ■atorietlse. end "said 4,eeponelbj14ty oha17 riot be': re
.*. Iessed unti :the wo#-i ` ball hire bean t ,pi;?et k es.d' aaaep dr
. tunes and whet stay direct #. inn-treat damage or injary .e dpne
no ieatio Or ;{n'i'p'ate, property. on a000unt,'" o `- a,rrjr. aet� tekisoiony,
g x ,3soonduat in t oe- exeoutkoi of trait work, "or ./'#:4410:. oon-
sntine? +e of =*lie none ceoutioi ��therOril.Wbiie' part `t),i' the''0ontraoto ;
ha shall restore or'have restored at his, own cost and expefae such
pr'o »arty to $ -, oonditjon similar or aqua to that ozigting' roreanio8
damnte or injn y was.done by - e airin8.:rebuil74ing 1 or 9t,l'At 6389
_ rsstoriug aa- y be d rai►tad.: r fao shall, -make goae� Owen dauago tic
.�uy:,iu a3uanner aiaosptabl"e-. ta'the ":4wiier.or the 4ngineor,
-n Gass of Failure on the part of'4ontraotor,to reepore such
property oz' rake od:8uoh dantasa or injury -the ltigineer mad,; upon:
fdrty night = 8)- hours writte*nation iider ,04 ia'r t atlraOnatnnons4:
and without iiotioe when a 4261113_00e or hazardous condition Aregults,
pronead to- repair, 'rebuild or 'thberwi®e restore anon props - ag may
be determined neosssa , and - fiche. eastrtboreof wi11 be deduOtgd i'rsmi.
`mdttieg zh€o pr to- b-tC -om,e dt'7 -h9 LiOntre 'tor +uyaer =hie oP trrat,_
1045 Re §DapSilty for Dam e 1 a
The (erector aizd his iaixretieg:;i, in d�lrt
test, the Olty end'sl]; 'its ofi'3oers' 3', ettd tom :14' sO
actions, or alsima. og t enema and empliyees Prom a t suit${
for trr ,- a000unt of . aharaoter,- Aame.and degoriptiott iroaght -
jury or doniapoe,reoeivod or auftaiaed
by any person nr persona or property,.:1y "or Prow the said 4OrrbTonb or
Apt hie ewpio rees, or by or. in O- °ngegnonos :of' sny Uogi,igeboo in Baru.
guarding the -cork, or. 'hrnugn *e use of °uriaooeptable matoriels in
oonetruoting,.the work er by or on nog *ant 'of any :not or 4044416tOnt
neglect or misoonduat Vii€ _said ifontFaoter, ar by or on aaaouuk of any
Alms Qz moutrts- �dQOyar ®d ttndar the • u�orlrments (lr pensation Law! '-
• , any othe�e lsw4 - Qvdi,nanoet order or daorse} acrd: so much of =the
fltsn y due tiia said t2oz trantor, tinder and_7ty virtue of his, Qontraot'
as =shall -lie oonsisier ®d i�eoessary wy the y may die ratained Ppr
�ho use oY- tke;Cl y, ar fid the-q&se tto.)aoney 4s-dUe,� his. g8ratioa
shs11 his held.unis3.1 suph 54th or` ouits� aotictn 'or aatiaus, 'olaitit
Qr; claims -kQr injury *rcisetage a8 afore a d $ 1 Riave,teettaettlet�. • atld satisfaato ha3
�+. eV'ideuce to �kitatfi'eDt �llrui8l19d tttB Piitg;
11 4„:
,. fQUi+zactortS.: Gtls tat �o naRgs
Should the `GontraQtor o1ai aompen8att ott'±'or ang:alleett stetaage;
hY rsason of t1 *Mats or s nissivns of $Yre° Lity, he _sha71 "vr7ttiiin -
tkree 3} rlayac'aP e the s4stefgiii of SIioh a1..aged damage;, mak' a~
1 tan atatemont to trite, n ineeF ;;setts pg; qpt i detail tIte ttatura
of he allegod damage, and on the 5th 'c�rtg tip. site muttth
stattonteed e dthinte. , ha in wich a tyst4,4'
' :la3tted -ta •trays` been Bus »:'
t aatreotor aha7,1 file:;witir tae .` rtgineei an 1top ,-zad- state:.
i taetit of t40,:1-40:444•: tins anpetnt of: uoh a]Zogaal clams e sti? ' - -�s,
quest eheiT, give the Engineer, aooess tQ till boasts stf a000untss.. re . '
oaiptst troniihsrs i 11 o '3siling` and atlrer books`or, pagers con
• taiu F; apy -e't'idsnaa.as:the amqunt Qf,euoh a11e od ;`dame
less such- n,tetement eha11.-#,e filed; as here *Ore g ro o
.rstltrirsdk rise Gott:
t ebtoris o%i for' oompansation s6a1t he waieed :attd he-4441'144
�nt tl sd :to 'paJa 1Qnt' en - Abo'our of ,Bu h tia»ga.
a case 3t ,ia neoesaarjr to shartge or #+ o> a the p2Opo2!ty'of:
Y owner "Of a putjlio :446-b propett. sha11 act be tRaved or
33ttteirfersd nth atMt31 osrde's'ed to' de no by:tIie glneer. Tho right
s t aservsd ;a - the: =owner Q ptihlia _ut$liti#s to enter upon the bits
4f
hieW Dora t far the purpose.oti;no.t ng_euab • obaugas- peirn.
of tYreir prciperty that majbo �,eoeseary .Performance 00 tho.gnsn.
trash. The, Qity ese:�es itrx rigtat to !ant i - upah the 4.1.11 its oP the
or'S#at$ • for,.tlie pu aso af = repro3r ag at re5aping aewor, seater gt .gas
Hues and iwrteamztnoas: repsiringows o roata y ng.so o2pr awra
r o-lkes and app.;ronenaesa aU_for m k*n
g the re P 3 r r o os
• City prQ
12. ?amp rerY Brain e c
there:: saitag dtaiTigge is interrupted ar esistit}g>sers hses
to ba taken. tip or ,remgvea, -:the Cantraetor a4a11 at Ass own -oast `cad
expense prav3de.apd me..ii;ta$n _toupossy outi<ats and:_*P,r#;egtiDU -for•
.afl private vjr 'gutriist drie.as end ,sewers a The Contractor q11 ad�s0
tetra >ca of s11 seaiage' aito. draitlagm thick viii he reoeivod :r!�r
tliasa- drains; and sowers, anii for this ptxrpage he
s1a11 - p ;peide c
d -
mantain ahis •own pant expense adagnatei pmping faci3iteean temporary outlets or diversionsa Tho Cpntraitar shell tat own
srcpeuse oortsttoet such t"ro0 h*n rfg0sor other at *4ot4res taaessary.
44d he gr@pared at ail times.• to dispose of dratnaaQ received from
these temporary o0nneotiQr . wail euoit rims- as ,permatent 4an neotibns
are fsalit_ and_ to service, dli wttor. sha11 a d1epoSed a3' 3a a . -
satiafaetory manlier, a9 that no nujeanoe - -le created and to that the work
under oonstruotioa is adequately protested._
13. Use of a Seotion or Portion of the ;cork,
Vherover, in the opinion of the Engineer, any section or
portion of the work or any struoture is in suitable condition,
it may be put into use upon the written order of the Engineer, and
such usage shall not be held to be in any may an aooeptanoe of said
work or struoture or any part thereof, or as a waiver of any of the
provisions of these speoifioations or the oontraot pending final
oompletion and aooeptanoe of the work; all necessary repairs and
renewals of any section of the work so put into use, due to defeotive
materials or workmanship or to operations of the Contraotor shall
be performed by the Contraotor st his own cost and expense.
14. Contraotor's Responsibility for the Work:
Until written aooeptanoe by the Engineer, as provided for
in these apeoifioations, the work shall be under the oharge and Dare
of the Contractor and he shall take every neoessary precaution to
prevent injury or damage to the work or any part thereof by motion
of the elements or from any other oauae whatever, whether arising
from.the exeoution or non — execution of the work. The Contraotor shall
rebuild, repair, restore and make good at his oust and expense all
injuries or damages to any portion of the work 000asioned by any of the
hereinabove causes.
15. No ' waiver of Legal Right:
inspection by the Engineer, any order, measurer ent, quantity
or oertifioate by the Engineer, any order by the City for payment
of money, any payment for or aooeptanoe of any work or any extension
of time, or any possession taken by the City, shall not operate
as a waiver of any provisions of the oontraot or any power therein
reserved to the City of any rights or damages therein provided. Any
waiver of any breach of oontraot shall not be held to be a waiver
of any other or subsequent breaoh.
The City reserves the right to oorreot any error that may be
disoovered in any estimate that may have been paid, and to adjust
the same to meet the requirements of the oontraot and speoifioations.
The City reserves the right to olaim and recover by process of law
sums as may be suffioient to oorreot any error or make good any
deficiency in the work resulting from such error, dishonesty by
oollusion, upon the oonolusive proof of collusion or dishonesty by
the Contractor or his agents and the Engineer or his assistants,
disoovered in the work after the final payment has been •made.
ITEM N0. 4.
PROSECUTION AND PROGRESS.
1. Subletting the Work,
No portion of the work oovered by these speoifioations and
contract, exoept contracts for purobase and delivery of materials,
shall be sublet without written permission of the City. If the
Contraotor sublets any part of the work to be done under this con-
tract hN will not, under any oiroumstanees, be relieved of his
responsibility and obligations. All transactions of the Engineer
will be with the Contraotor. Suboontraotors will be oonsidered
only in the oapaoity of employees or workmen and shall be subject
to the same requirements as to oharaoter and oompetenoy. The City
will not recognize any suboontraotor on the work. The Contraotor
shall at all times when work is in operation be represented either
in person or by a qualified superintendent or other designated re-
presentative.
2. Assignment of Contraott
The Contractor shall not assign, transfer= sublet, convey
or otherwise dispose of the oontraot cr his right, title and in-
terest in or the same or any part thereof without the previous
oonsent of the City expressed by resolution of the City Council
and concurred in by the Sureties. If the Contraotor deea, without
such previous consent, assign, transfer, sublet, convey or other-
wise dispose of the oontraet or his right, title or interest therein,
or any part thereof, to any person or persons, partnership4 company.
firm or oorporation, or by bankruptcy, voluntary or involuntary, or
by assignment under the insolvency laws of any state, attempt to
diepose,of the oontraot or his right, title or interest therein, or
any part-thereof, to any person or persons, partnership, company,
firm or oorporation, or by bankruptcy, voluntary or involuntary, or
by assignment under the insolvenoy Lois of any state, attempt to
dispose of the contract or make default in or abandon said contract,
then the oontraot may, at the option of the City. be revoked and
annulled, unless the Sureties shall suooeasful 7 oomplete said eon-
treat, and any monies due or to become due under said oontraot•shall
be retained by the City as liquidated damages for the reason that it
would be impraotioable and extremely difficult to fix the actual
damages.
3. Prosecution of the Works
The Contraotor shall begdn the work to be porformod :under this
contract within the time limit state in these speoifioatione, and
shall oonduet the work in such a manner and with sufficient equip-
ment, materials and labor as is necessary to insure its oompletlon
within the time limit. The sequence of all oonstruotion operations
shell be at all times as direoted or approved by the Engineer.
Suoh direction or approval by the Engineer shall not relieve the
Contractor from the full responsibility of the complete perfromenoe
of the Contract. Should the proseottion of the work be discontinued
by the Contractor, he shall notify the Engineer at least twenty -four
(24) hours in advanoe of resuming operationa.
4. Limitation of Operations:
The work shall be so oonduoted as to create a minimum amount
of inconvenienoe to the public. At any time when, in the judgment
of the Engineer, the Contraotor has obstruoted or closed, or is
oarrying on operations on a greater portion of the streets or publio
way than is necessary for the proper exeoution of the work the
Engineer may require the Contraotor to finish the sections on whioh
work is in progress before work is started on any additional section.
5. Charaoter of Work and Equipment:
The Contraotor shall employ suoh superintendents., foreman and
workmen as are oareful and competent, and the Engineer may demand
the dismissal of any person or persona employed by the Contraotor in,
about or on the work who shall misoonduot himself or be inoompotent
or negligent in the proper performanoe of his or her duties, or
negleot or refuse to oomply with the direotions of the Engineer,
and such person or persons shall not be employed again thereon with-
out the written consent of the Engineer.
All workmen shall have suffioient skill and experienoe to
properly perform the work assigned them.
The Contraotor shall furnish suoh equipment as is considered
necessary -for the prosecution of the work in an aooeptable manner
and at a satisfaotory rate of progress. All equipment, tools and
maobinery used for handling materials and executing any part of the
work shall be subjeot to the approval of the Engineer and shall be
maintained in a satisfaotory working condition. Equipment on any
portion of the work shall be euoh that no injury to the work or ad-
jaoent property will result from its use.
6. Working Hours:
Work shall be done only during the regular and oommonly
aooepted or preaoribed working hours. The hours for all workmen
and laborers employed on the work and under the oontraot shall oon-
form to all laws and regulations now in foroe.
7. Time of Commencement and Completion:
The Contraotor shall oommenoe the work within the time epeoified,
and the rate of progress shall be suoh that the whole work will be
performed and the premises cleaned up in a000rdanoe with the oontraot,
plans and apeoifioatioris within the time limit specified in the
contract, unless an extension of time be made in the manner herein.
after specified.
The Contraotor shall be entitled to an extension of time as
provided herein only when olaim for suoh extension is submitted to
the City Council in writing by the Contractor within seven (7)
days from and after the time when any alleged pause of delay shell
000ur and then only when, suoh olaim is approved by the City Council.
In adjusting the cmntraot time for the completion of the project,
all strikes, lookouts, unusual delays in transportation, or any
oondition over which the Contraotor has not control, and also any
suspension ordered by the Engineer fro pauses not the fault of the
Contraotor shall be excluded from the computation of oontraot time
for completion of the work. If the satisfaotory exeoution and com-
pletion of the oontraot should require work or materials in greater
amounts or quantities than those set forth in the oontraot, then
the oontraot time shall automatically be inoreased in the same pro-
portion as the post of the additional work bears to the post of the
original work oontraoted for. No allowances will be made for delays
or suspension of the proseoution of the work due to the fault of
the Contraotor.
8. Failure to Crmplete on Time:
The time of completion is the essence of the oontraot. For
eaoh calendar day that any work shall remain uncompleted after the
time speoified in the proposal and the oontraot, or the inoreased
time granted by the City, or as automatically inoreased by addit-
ional work or materials ordered after the oontraot is s igned, the sum
of fifty 050.00) dollars per day aha7.1 be deducted from monies due
the Contraotor, not as a penalty but se liquidated damages, unless
otherwise apeoified in the speoial previsions.
The sum of money thus deduoted for suoh delay, failure or
non - completion is not be to considered as a penalty but shall be
deemed, taken and treated as reasonable liquidated- damages, since
it would be impracticable and extremely diffioult to fix the actual
damages.
9. Suspension by Court Order:
The Contractor shall suspend suoh part or parts of the work
ordered by the Court, and will not be entitled to additional oom.
pensation by virtue of suoh Court Order. Neither will he be liable
to the City in the event the work is suspended by such Court Order.
10. Temporary Suspension:
The Engineer shall have the authority to suspend the work,
wholly, or in part, for suoh perid or periods as he may deem
necessary, due to unsuitable weather conditions or such other con-
ditions as are oonsidered unfavorable for the suitable proseoution
of the work.
If it should beoome neoeasary to atop the work for an In-
definite period, the Contractor shall store all materiels in suoh
manner that they will not obstruct or impede the publio unneoeesarily,
or beoome damaged in any way, and he shall take every preoaution
to prevent damage or deterioration of the work performed; he shall
provide suitable drainage about the work and ereot temporary structures
where necessary.
The Contraotor shall not suspend work without a written
authority from the Engineer and shall proceed with the work promptly
when notified by the Engineer to resume operations.
11. Suspension of Work and Annulment of Contract;
The work or any portion of the work under contract shall be in-
speoted immediately on a written order of the Engineer, or the City
Counoil, a oopy of suoh notice to be served on the Contraotor's
Sureties, or the Contraot may be annulled by the City Counoil for any
good oauee or causes, among others of whioh speoial referenoe is made
to the following;
(a)
Failure of the Contraotor to start work within ten (10)
days from date of written notioe by the City to begin
work.
(b) Substantial evidenoe that the progress of the work
being made by the Contraotor is insuffioient to complete
the work within the speoified time.
(o)
Failure of the Contraotor to provide sufficient and
proper equipment for properly exeouting the work.
(d) Substantial evidence that the Contractor has abandoned
the work.
(a)
(f)
(g)
Substantial evidenoe that the Contraotor has beoome
insolvent or bankrupt, or other wise financially unable
to oarry on the work.
Deliberate failure on the part of the Contractor to
observe any requirement of these speoifioations or
to oomply with any orders given by the Engineer as
provided for in these speoifioations.
Failure of the Contractor promptly to make good any
defects in materials or workmanship or any defeots
of any nature, the oorreotion of whioh has been dir-
eoted in writing by the Engineer.
(h) Substantial evidenoe of oollusion for the purpose of
illegally proouring a oontraot or perpetrating fraud
on the City in the oonstruotion of the work under
oentrant.
liken the w ork is suspended far any-of the causes itemized
above, cr for any other cause or causes, the contraotor she 11 dis-
Contini_e the work cr such part thereof as the City shall designate,
wherei pcu the Sureties may, at their option, assume the 6ontraoteos
t hat purti.:n thereof which the City has ordered the Contraotor to
diEZrut_n a , and may perform the same, or ma y, with the written
cons ent of tho City Council, sublet the work or that portion of
the w ork so taken over, provided, however, that the sureties shall
exercise their option, if at all, within two (2) weeks after the
w uitten:notice to-discontinue =the work has been served upon the
Contractor and upon the Sureties or their authorized agents. The
Sureties in such event shall assume the Contractor's place in all
reepeots and shall be paid by the City for all work performed by
them in accordance with the terms of the oontraot. All monies re-
ma ining due the Contractor at the time of his default shall there-
upon become due and payable to the Sureties as the w ork progresses,
subject to all the terms of the oontraot.
In case the Sureties do not, within the hereinabove specified
time, exercise their right and ontiou to assume the contract or that
portion thereof which the City Council hes ordered the Contraotor
to discontinue, then the lity she 11 have the power to complete, by
contract or otherwise as it may determine, the work herein described,
or such part thereof as it may deem necessary, and the Contraotor
hereto agrees tha t the City shall have the right.to take possession
of and use any of the ma terials, plant, tools, equipment, supplies
and property of every kind provided by the Contractor for the purpose
of his work, end to procure other tools, equipment and materials
for ..he completion of the same, and to charge to the account of the
Contractor- the expense of-said contraot.or labor; ma terials, equip -.11
ment and expense incident thereto. The expense so charged shall be
deductod_bv the City out of suoh monies as ma y be,due or may at any
time thersafter become due the Contractor under and by virtue of the
contract or any pa rt thereof. The City shall not be required to
obtain the lowest bid for the work of oompleting the oontraot, but
the expense to be deducted sha 11 be the aotual Cost of such work.
In case such expense is less than the sum which would have been pay-
able under the oontraot if the same had been oompleted by the Con-
tractor, then ins -such case the City may pay to the Contractor the
difference in the poet provided that the Contractor shall not be en-
titled to any claim for damaged or for loss of anticipated profits.
In case suoh expense shall exceed the amount which would have
been payable under the oontraot, if the same had been completed by
the Contractor, then'the..Centraotor and his Sureties shall pay the
amount of such excess to the City on notioe from the City Council
of the excess due, 'Alien any particular pert of the work is being
parried on by the City by oontraot or otherwise, under the provisions
of this section, the Contractor shall continue the remainder of the
work in conformity with the terms of the oontraot, and in such man-
ner as in no wise to hinder or interfere with the performance of
workman employed as above provided by the City.
12. Termination of Contracts
The contract will be oonsidered fulfilled, save as provided
in any bond or bonds or by law, when all the work has been completed,
the final inspeotion made by the Engineer, and final acceptance
and final payment by the City.
ITETT NO.5.
MEASURE "ENT AND PATIENT
1. ".easurement of Quantities:
The determination of quantities of work acceptably completed
under the terms of the contraot will be based on measurements made
by the Engineer. These measurements will be taken according to the
U. S. Standard measurements used in common practice, and will be the
..atual length, area, solid oonteuts, numbers and weight.
2. Unit Price:
1Vhere in the proposal form a "Unit Price " is set forth, the
"Unit Price" shallAnolude the furnishing by the Contradtor of all
labor, tools, materials, maohinery, appliances, plant and equipment
appurtenant to, and neoessary for, the oonstruotion'in every detail,
and the completion in first- class, workmanlike manner, of all the
work to be done under these specifications.
The "Unit Price" shall also include all permanent protection
of overhead, surface and underground structures, cleaning up, finish,
overhead expense, bond, insurance, patent fees, royalties, risk due
to the elements, delay, profit, injuries, damages, claims and all
other items not specifically mentioned that may be required to fully
oonstruot each item of the w ork complete in plaoe.
3 Scope of Pa yment:
The Contractor shall receive and accept the compensation, as
herein provided, in full payment for furnishing all labor, tools,
materia ls, equipment and incidentals for performing all work con-
templated and embraced under the oontraot; for all loss or damage
arising out of the nature of the work, or from the action of the
elements; for any unforeseen defects or obstruction which may arise
or be enoountered during the work and before its final acceptance
by the Engineer; for all risks of whatever description connected with
the prosecution of the work; for all expense incurred by or in con-
sequence of suspension or discontinuance of suoh prosecution of the
work as herein specified; for any infringement of patents, trade-
marks or copyrights, and for completing the work in an aooeptable
ma nner acoording to the plans and specifications.
The payment of any current or partial estimate prior to final
acceptance of the work by the City shalliin no way prejudice or
affeot the obligation of the Contractor to? repair, aorrect, renew
or eeplaoe at his expense, any defects or imperfections in the oon-
traction or in the strength of quality of the materials used in or
about the oonstruction of the work under oontraot and its appur-
tenances, nor any damage due or attributable to such defects, which
defects, imperfections or damage shall have been discovered on or
before the final inspection or acceptance of the work. The Engineer
shall be the sole judge of such defects, imperfections or damage, and
the Contraotor shall be liable to the City for failure to correot the
same as provided herein.
Ae, Pavment for Bxtre, Works
The extra work does by the Contractor and authorized and
approved by the Engineer will be paid for in the manner heroiutter
described, and the oompeneation thug provided shall be accepted by
the Contractor as piaynibpt in Bill fdr all labor, matbriald, tole,
equipment and incidentals, and all duperintendents, and timekeepers'
services. all insurance, bond and all other overhead expense inourred
in the proeeoution of the extra wor'k;i,
Payment for extra work will be made by one of the following
methods$
Ea)
Method 'As - By unit prices agreed on in writing
by the Engineer and the Contractor before said exr '
tra work is oommenoed, eubjbot to all ether conditions
of the contract,
(b) Method 4B0 a Bjl i lump sum ptioe.agroed upon in
writing by the Engineer and the Oodttaotor before
said extra work, is eommendddl dubjebt to all other
doiditione of the contract.
Method 006 ■ By aotual field coat of the work
plus fifteen (154 per oent as described herein
below, agreed on in writing by the Engineer and
the Contractor before said extra work is commenced.
subject to all other conditions of the oontraot.
In the event extra work is to be performed and paid for under
method *Cs, the aotual field poet of the work will inolude the cost
of all workmen, foreman, timekeepers. laborers, materials. mechanioe,
supplies, truoke, teams, rentals on machinery and equipment, only
for the time aotually employed or used on such extra work, plus
all power, fuel,'lubrioante, water and similar operating expenses.
and a ratable proportidn of premiums on oonstruotion and maintenanoe
bonde, publio liability and workmen's compensation and all other
insuranoe required by law or ordinance. The Engineer will direct the
form in which the amounts of aotual field oost will be kept, and
will specify in writing the method of doing the work and the type
and kind of machinery and equipment to be used. The fifteen per"osnt
id the actual dield poet to be paid the Contract shall over and
oompeneate him for profit, overhead. general superintendence and
field officio expense, and all other elements of coat and expense
not embraoed within the actual field oost as herein specified.
(o )
The Contractor shall give the Engineer aoaeas•to all a000unte,
bills and vouohers relating thereto.
5. Partial Estimates:
Between the 25th day and the last day of eaoh month, the
Engineer will make an approximate estimate of the value of the work
done during the month under the dpeoifications. On partial estimates
eighty -five (854) per oent of suoh estimated sum will be paid the
Contractor on or before the fifteenth = day of the month next follow-
ing. The partial estimate made will include aooeptable non- .perinh-
able materials delivered to the work, suoh payment will be allowed
on the basis of eigb -five per oent of net invoioe value. The Con-
tractor shall furnish to the Engineer such detailed information as
he may request, to aid him as a guide in the preparation of partial,
estimates.
It is underktood that the partial estimates from month to
month will be approximate only and all partial monthly estimates
a-d payments will be subject to oorreotion in the estimate rendered
allowing for the disoovery of an error in any previous estimate,
and suoh estimate shall not, in any respeot, be taken as an ad-
mission of the City of the amount of work done or of its quality or
suffioienoy nor as an aooeptanoe of the work or the release of the
Contraotor of any of his responsibility under the oontraot.
Payment of estimates may be withheld if the work is not being
exeouted in a000rdanoe with the spaoifioations and oontraot.
6. Final Aoceptanoe:
-Whenever-the- improvement provided for by the contraot shall
have been completely performed on the part of the Contraotor, the
Contraotor shall, notify the Engineer that the improvement is ready
for final inapeotion, The Engineer, will then make suoh final in-
speotion, and if the work is.eatiafaotory and in a000rdanoe with the
speoifioations and oontraot he will give the Contraotor a oertifiaate
of acceptance.
7. Fi-nal Payments
'Whenever the improvement provided for by,the oontraot shall
have been completely performed on the part of the Contraotor as
evidenced by the Engineer in the Certificate of Aooeptance, a final
estivate showing the value, of the work will be prepared by the
En €ineer as soon as the necessary measi remebts "and oomputetions oan
be made.
All prior estimates upon whioh payments have been made are
subjoot to neoessary corrections or revisions in the final payment.
The amount of this final estimate, less any sums that have
been deduoted or retained under the provisions of the oontraot, will
be paid the oontraotor within thirty (30) days after final aooe-ptanoe,
provided the Contractor has furnished to the City satisfaotory
evidence that all sums of money due for any labor, materials,
apparatus, fiature6 or machinery furnished for and used in the
prosecution of the work; or that the p erson or persons to whom
th' sate may respectively be due have consented to each final
as
The
aforesaid shall by the Contraotor of the last payment
afo
hall operate as, and shell be a release to the
City from all claims or liability under the contract for
done or furnished, or relating to the work under the contract,
or for anything
any aot or neglect of said City relating to or connected
or
the y contract. ot.
8. ttaaeursaent end dents
The unit price bid per lineal foot for laying of 8* and 83 water
mains shall inolude all labor. tools. and joining materiele accuser/
for the setting of special fittings, valves. fire hydrants. eto. Measure -
meat for the payment of the above will be measured through the oenter line
of the valve& special fittings. fire hydrants. etc.
Unit price bid for laying 8' vititfied tile sanitary sewer shall !nolnds
all materiels, labor. tools and equipment accessary for the construction of
the line. Measurement will be along the oenter line of the pipe. but will
not be measured through the manholes.
Unit pries bid per each for four.foittdiameter standard brick embalms
shell include all labor. tool,, materiels and equipment necessary for the
construction of setae, and shell inolude necessary oast iron manhole rings
and oovers,neosssery amount of *set iron manhole steps.
r
0:ty of Corpus Christi, Texas
STANDARD BR/OK MANHOLES
A roc OCR MICK CITY ENGINEER
PLAN OF JUNCTION MANHOLE
Not Over 15" _
1/4 " Cement Mortar !H,
(1,3) For Brick Wdlis
SECTION THRU RISER
Manhole Ring and Cier - Alamo No.
Or Equal Weight - 300 Lbs.
1-1aehcle Steps, Cost lr3n Weight - 4 5/8 Lbs.
Sleet Gr ode
\;\
1/4' Mortar
;peeing 15"_
t Finish
'101 Over 2.- 0"
Slope
• -
in 10" 7
Flow Line
•
Standard
Hi
-17
-6"
Ir
Enccsed in
,onerete
I/
JT • "T"
1
STANDARD DROP
CROSS SECTIONS OF MANHOLES
..S,W31!. I".
SECTION 2. The fact that these water maina are neoeasary
for the public welfare of the oitisene of Corpus Christi creates a
public emergency and public imperative necessity requiring the sus-
pension of the Charter rule that no Ordinance or Resolution shall
be passed finally on the date it is introduoed, and that such Ord- .
inanoe or Resolution shall be read at three several meetings of the
City Council, and the Mayor having declared that such public emergen-
cy and imperative necessity exist, and having requested that such
Charter rule be suspended, and that this Ordinance be passed finally
on the date of its introduction and take effect and be in full force
and effect from and after its passage, IT IISS ACCORDINGLY ORDAINED.
PASSED and APPROVED this the IA day of December, 19144.
ATTEST
City Seoretary
APPROVED AS TO LEGAL FORM:
City Attorney
OR, City of Corpus Christi,
ale %�
Corpus Christi, Texas
tz,A 1.9h4
TO THE MEMBERS OF THE CITY COUNCIL
OF THE CITY OF CORPUS CHRISTI
Corpus Christi, Texas
Gentlemen;
For the reasons set forth in the emergency clause of
the foregoing Ordinance, a public emergency and imperative nec-
essity exist for the suspension'or the Charter rule or requirement
that no Ordinance or Resolution shall be passed finally on the
date it is introduced, and that such Ordinance or Resolution shall
be read at three several meetings of the City Councils I, there-
fore, hereby request that you suspend such Charter rule or require
i -
ment and pass this Ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
ALO
The Charter rule was s !nded by the following votes
A. C. McCaughan
Jos. Mireur
Ed. P. Williams
D. A. Segrest
B. G. Moffett
The above Ordinance was passed by the following vote:
A. C. McCaughan
Jos. Mireur
Ed. P. Williams
D. A.segrest..
B. G. Moffett
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