HomeMy WebLinkAbout01750 ORD - 12/12/1944t
AWMI
Sealed proposalso addressed to the City of Corpus Christi, Texaso.
for the gonstraption of a2proximately 15y.000 lineal feet of l® -inoh
and 8,000 lineal feet of 8-inch steel Gas mains,
in a000rdanoe with the planet specifications and contract documents prepar"
ed by the Olty Engineer and obtainable at his office, will be received at
the City Seoretaryts office until 10 A. M. on _Deoember -17 t 19",r
o,r :d then publioly opened and read. Any ?aid received after, closing time
will be returned ulopenede
A,Cashier;s Cheok or acceptable Bidder ;a Bond, payable without
recourse to the City of Oorpus Christie Texas, in an amount of not less
than five percent (5;9) of the total amount must acoompany each bid.
Plans, proposal forma, speoifications and oontraot doouaents. may
be prooured from.the City Engineer upon a deposit of Jifteen dollars.
se a guarantee .of their safe return in, good oQn tiON ....
Attention is galled to the pro - qualification requirements adept••
ed by the City Counoilt requiring that a complete finanoial statement must
be filed with the City Sooretary .at least ten (10) days prior to the open-
ing of bids, and that.a Plant Experienoe and Equipment Questionnaire, in»
eluding financial statement addenda, must be filed with the City Secretary
at least seventy -two (79) hours prior to the opening of bids-*
the City reserves the right to reject any and all bids and to
'naive informe:lities*
CITY OF CORPUS CHRISTI, TEAS
A• C. MCCAHM N. MLYOR
let insertion : x1944
and insertion i4
a]
1 .
S
PROPQS
Plaoe Corpus Christil T exas
Hate Deoember 7 1944
Proposal of Shappard Constr�aotion Co.
a aorpomtlon organized: and operating .under the 14Lws or the state of
x
oon�iatir�g of . u
o u oz iiadlvidaal trading as
TO THE CITY OT CORPUS CHRISTI:
The undersigned hereby p3r.0908es to Puroiah all the material An&
�er�D =rmx����xtf+�xx�ia�i�tc�oi34x
exog t the material to be furnished by lb" city, as.-sgt..QMj
s a ifioatigns and psrforM all of tha work for . t
of a ro lLfttel j§ *2.00 lineal feet of l -ino 00 1 Ina
feet of 8 -inch steel Zas mains from the Dun _Re5kxlator 8tatio
tho proposed.site of the new regu lator station at the corn r Qf
Palm Dr Iva and RR River Road
rrfi:l in aoaordahoe With the'lenso Spaoifioations and Contraot Cnau-
ments# at the unit prides shaavn an the attached sheetsa to -wit:
I
:9
R
fT
IT9M QtFA TITY ITS WITH UNIT BID UNIT. BID
of & 'U IT PRICE o1RITAN IN WO R PRI 8 FIGURE
l 15,000 lineal ft. Installing oomplete 10-
inch wrapped steel gas
mains, per lineal foot:
No
N� in�etti nine and one -halms 0� 99
�oents
w
2 8,000 in. ft. Installing oomplete c-
inch wrapped steel gas
mains, per lineal foot:
No
dollars
S
Ninet -nine and one -half 0.-991
.
� � � rM � i�F w �1 s Yr •IR ql Y r r -F #li Y AMY Y � Y +M r ...
dollars
(cents)
+r a� .w r► r A r r •r .� w {,� r r .. Y +- �► :r M� M • r +
dollars
aents
w .i +s nY .. r► .r - w w r w w
dollars)
odl'1M
�i �M W w w wF •IF w y rY � Y Y W .r .! i iY M. a. r r� r r
0 �
G
The undersigned agrees that if awarded
o the
eE,�' }ontraotn he W111 aom-
pleta same in
it is understood that the quantities and prioes will be use-:
fo :;re tabulation and comparison of bidaa The undersigned he7j�'•;`;�"
de�leLres that he has visited the Site, and has oarefuily exam -7 4L
t1,.a plur►e, gpooifioations and Ccntaraot Documents relatinn to tk
work covered by the above bid or bids4
Immediately upa4 rao *ipt of notice of aoceptanae of this bads:
we v.,111 'ereoute the forritld contrast and. will deliver .a Surety Bo�.d.
in the amount of the eontraat foie the, faithfu performance of this
contraoto
The Bid Surety attaohed, without endorsement; in the eum Of
one thousand one hundred. fort -f our dollars tweet -five
Is to beopme the property of the C1ity of Corpus Christi,: Texasf in
tjs event the contract and bond are not executed within the time set
forth, as liquidated 112M S08 for the delay and additional work
caused thereby.
The undersigned further declares that he will pr6vide all ne-
oessary tools and apparatus; do all the work and furnish all of the
material and do eveeything required to carry out the above ment_e:te�
yvork oovered by this propoealt in strict accordance with the
Faooumenta, and the requirements pertaining thereto for the sum Or
swna set forth.
,. .. R ®sgeotfully-submitte l ,. .
SHEPPARD CONSTRUCTION C2MPANY ,.,. - --
BY S% Fred,Gei er
PARTNER
I'd Bidder a Corporation 3917 Shell Road
P.). Box 2098
Corpus Christi., Texas _
Complete Business Address)
} T V1
TIM STATN OF Ta"
cowry or Nwas
4
THIS AGPZMNT made and entered into this day of
• by and between the CITY OF CORPUS ORRIST19
of the County of MUS0e8. $tats of Texas, acting through its Uayor and City Con -
troller# thersuuito duly authokiXed_so to do# Party of the First Part# termed in
the Contract .nooUments as the #Owner** and
and Construction Co.
of the $aoond Part, ter ed in the Cantraat DooUaonto as the *Contraetors,
I T M J J _ S S. N Tits
TMSRUS, in nonsideration of the sums speolfied in the proposal to
be paid -by the Owner tb the Contraotor at the time and In the manner hereinafter
provided# the said -Oontraotor has agreed and does hereby 4gree to furnish labor,
tools, equipmeat# and m&terial# and to oonstruot a mpiete In every detail, to -wit:
15 000. lineal feet of 104inoh and 89,000 lineal feet of 8 -in0h
f om the Dunn Re ulator Station to the _proposed site of the
t'on t th :nrer of Palm .Drive an II River Road with the
exception of the material to be furnished by the City, as set out in they speoiMationse
ARR FOR SkID CONSIDRUTION# it is further particularly agreed be..
tweed the parties to this agreements
k. l,4r Tit eanstruetion. and 1r+8te1lntI0A of the ,above work for the'. .
Owner shall be oonp�eted :and -reto ferr.war wfthIN- ,, &hirty (30) aa►lenda,r days
from and Including the data.epsoir'idd fn.a written order from the Owner to the
Contraotor to *Omanoe Wo**
36 What oaf$ eovk &M astorial for the projeat vovorad by the Con -
trRat Doa.U"Ats shall, be a.ly Install* &M dslirered to the OWter within
the time stated, *Isar wA fres 'frw any and all liens, olatma_ end deamda of ark
kind for materia%a, equip ent f. suppliesp labor# apsidental death or otherwise,
3. That the full aormpensatian to bs paid the Coatreator by the
Owner shall be pa^bls &Vo$, oampletion, of the work and Its aacaptanoe thereof
by tha t WWO
U
IN WITNESS 1WERSOFi said parties hereto have hereunto sat their
hands and seals at Corpus Christie Texas* the day and year first above written.
CITY Off' CORPUS CHRISTI, TEXAS
Party of the First Part (Owner)
A. O« MoCaugha:nt Mayor
r
By
City Oontraller
ATT&ST s
City Seoretary
SATE OF TEXAS
COUNTY OP Mmas �
In the penal 54 OfL twent :i2p. triousana el nti «
lawful ourrenoy Of the fil0d Stete ;s of ,An drioa �e� �• Pent of wt►ioh�
viell and truly t4 6e; adet do l�areby bid ouz��vss* our heirs, sz6outorse
a sevray nd firmly by these
administrators* nd oihy
present
THE CONDITION OF TRIO, BOND xs SUCI THAT +•r Ths above bounden
�►t�,.,,r,,,,,,,... day oi',,,,.a
entsrerd into a onii mot brit 'the. City o Corpus Christ#, Tgxasr far
furnishing all mdlte� olds squ e0tk le,bo,r* ervision and other anoessories
nsoessaxy.'or t.+s aor:tr.uotion 'qf oertairi ituprav►erita, as more psrtiaularly
.ik;.a aovawaant in- neaificA, vone her t6 attaohods
loy the eti.'
Od goo ording t 3 a
eeod speoifloaticns bexeU Mypsd, a
of said oentript .tit A&V be. granted`
Tex0o as durli+S th* 0XISina tome of
suboan#~rrar ��s�+ :Ri�o`"ilra� �A
moneys to than .►+stitlSy rt►L,,,,,.,,, .w,,.
,. 5slaterSal:
s ,X. :wed shall and will' in all
Isr o ill : *no sinplar the oove�+
sae oatttt'aat *&"ea and oovorwxtod
h ba o►�0d'a end psromltad:
, "''Agreement grad the plans .
met;! 414riug xW period of 9Xte4si0'-L
a "-rt st the City of Corpus dhrieoln
r a all Mall And truly pgy'a11.
,tehers aP u*tarlal ill
irar lo .
40straotav 1001rke Aa'h z-
or- suoh IMpt� ' tba t
1s � tx a'!" (brist#6 Tow# 'than this obli«►
pt:ion shall ba " bWWW P41 l 000MI10 iA tell Poroe
*Stoat.
s IN AFIT MISS 'MRSOFp The said
has hereunto scat his hands, and the said surety has oeueed these presents to
be executed by lts . duly authorized %gent and off ioere and its oorporate
sent to be hereunto affixed at �, pn this
.,,,,,,,,_,_,,,_,,,,,,,,_,,day ofml
CONTRACTOR
YYT'X IMSS
VAL �
ADDFtNS,�
.4ap
a',
ITS[ _NO, 1
INFORZATION FOR BIDDERS
Is, Genes
This project consists of the construction of approximately 15 *000
lineal feet of 10 »inch, and approximately %000 lineal feet of 8 -inoh
gas mains*
The Contractor shall do all of the work as provided in the plans#
speoifications, special provisions, proposal and Contraot, and shall do
such additional work as may be considered necessary to complete the
work in a satisfactory and acceptable manner.
The Contractor shall furnish all labor, tools, equipment, machinery
and material, except the material furnished by the City* as hereinafter
specified, necessary to the prosecution and completion of the work,
2.. 3oo„2R`of the Worka-
The project comprises the c onstruotion of gas mains from the Dunn
Regaxlator Station to the Up River Road, thence along the 0'p River Road
to the proposed new regula #or station at the corner of Up River Road.
and Palm Drive *.
The City has paarcahased and will furnish all the pipe for the projects
It will be delivered to the Contractor at the yard of the Pipe line
service Corporation on the Old Robstown Road.
Th6 Cd'ntiactor shall load at the yard, haul . - and 'd s r buts pipe
on trench location, *geld pipe, t ranch* lay pipe* backfill, and do all
other work incidental to the pro jest,
2A. Kind of Pipet
All pipe (furnished by the City) will be Grade NBO Seamless,. plain
ends, bevelled for welding, wrapped to conform.to B,AX -1 specifications.
The 10yinch pipe called for in the proposal will be 10 3/4 inch'
0s D, and weigh 31 *20 pounds per lineal foot before wrapping is applied,
and the 8-1neh pipe called for in the proposal will be 8-5/8 inch Op D.
and weigh 24 *70 pounds per lineal foot before wrapping is applied, All
pipe will be of 40 -foot random lengthse
2Be Rikht- of»-wnyt
The City will famish the entire right -of -way fpr this project*
2C. Equipment and labors
The Contractor shall furnish all necessary tools and equipment for
the construction of the gas lines, including welding rods, and perfoxlm
all labor incidental theretos The equipment shall be of the proper hind
and sized
220 lnsur_„ canoe s
The Contractor will furnish a performano a bond o8 the amount of
the contract, He shall also carry and maintain workman's oompendation
insurance, including death ooverage, and public liability and property
damage insurance of not less than $50,9000*00 and $100*00o.00.
ZEo Construction Methods&
Handling Pipes
The hauling and handling of the pipe shall be done in such a
manner as to not injure the pipe or the wrUping, Any damage resulting
from improper handling must be repaired or replaced at the Contra.otor`es
expense*
Pipe Trench&
The Contractor shall do all trenching or ditching necessary
for this project,. either by ditching machine or by hand methods, to proms
vide a minimum cover of 30 Inches. The trench shall be out of sufficient
width to provide Sufficient slack to allow for the expansion and contraction
Of the pipe. The bottom of trench shall be smooth and even to provide
a proper bearing thioughout the entire line* The trench shall be out
to allow clearance at -least six inches over or under intersecting lines,
Weldings
Cleaning Before Iffeldings
All pipe ends shall be thoroughly cleaned by the Contractor,
Of paint, rust, scale, dirt or any foreign matter, before welding, Any
ends which are deformed or damaged shall be cut off and repaired to the
satisfaction of the Engineer,
.. Wslding: Rods s_,
The Contractor shall furnish and use shielded arc welding rodeg
approved by the Engineers. The Engineer shall reject any rod or rods
found to be of inferior quality. The Contractor shall protect the rods
to prevent deterioration prior to their use,
Boll Welds:
Roll welds shall be made with three (3) beads; the stringer
bead shall be made with 3/164 rods the second bead with 1/40 rod and
the -third bead with 5/16% rod*
Position Welds:
]position welds shell be made with three (3) beads; all shall
be made with 3/164 rods
Completed Welds
All completed gelds shall be free from pin holes, non.metallie
inclusions, rives or other defeats and .shall have a reinforcement of an
average of 1/164 above the wall thickness of the pipe at all joints, A
filler bead shall be added ,mere the Engineer determines this procedure
necessary, dke to defects or lack of reinforcement, All oompl ated wbld
shall be cleaned free from scale and ioiolesa
Pipes
All pipe shall be thoroughly sorubbed before being gelded
into sections in order to insure the removal of all dirt, mill scale
or other foreign matter from the Inside of the pipe. Ends of the
line shall be plugged at the close of each day's work, Where the cutting
Of pipe is necessary, the aaw ends of the pipe shall be hammered, chiseled
and brushed to clear away all burned metal or other material. Joints
Of pipe to be. welded together shall be placed on skids and properly
alamped to insure proper aligrmzent; the ends to be welded shall be
spaced 1f8* apart to insure penetrations. Taok welds* if made, shall
have a thickness of not over e3 of the pipets wall thickness and then
shall be free from pin -holes or other defeats, No welded section of
pipe shall be rolled off the skins or dollies until the welds are
thoroughly cooled*
Coating and Wrapping of Weldss
After the pipe is welded the welds and the portion of the pipe
at the ends not previously wrapped, will be wrapped by the Contractor,
of the same material used in wrapping the pipe, The material for this
wrapping will be furnished by the City*
Pipe Handling and Laying;
The Contractor shall protect the wrapping and coating from
being damaged in handling; the pipe shall not-be placed on the ground
but shall rest on skids. A holiday deta*trjr -shall be used before any
pipe is placed in the trenoh, holidays shall be marked and shall be
repaired at the Contractor 's expense. Any acceptable means of lowering
the pipe into the trench may be used provided the necessary slack is
secured and the wrapping is not damagede The bottom of the pipe shall
lie evenly on the bottom of the ditch. Bending will be required only
rliert ah n ;e an the grade or el ignment. are suoh that the pipe will not
be on the bottom of the ditohe The curvature of the bends shall be so
distributed as to prevent buoklinge Buckled pipe shall b.e out out and
replaced by the Contraotor at his own expense* Where the curvature to
abrupt or offe®ts are necessary: the Contractor shall, weld suoh fittings
in the line as directed by the Engineer and at the Cityss expense,
Baokfiliing of Trenohs
The baokfilling of the trench shall be done in such a manner as
not to injure the pipe ooating or wrapping; the hand methods shall be used
in starting the backfilie
Tests
Upon the oompletion of the line or a section thereof,, it shall
be tested with :BOA pounds air pressure per square inoh, The Cc)ntraotor
shall install fittings and make the test at his entire expense, A final
shut in test shall 'be made for 24 hours on the entire oompleteel line;
the pressure shall not drop during this 24 hours*
a
3q Unes and - Grades t
All parts and units of the project shall be constructed in ao-*
oor.dance with the plans and specifications, and to thb lines and
grades established by the Engineer¢ and shall be so maintained
until final acceptance.
4o Sto„oMSe and Handling of Materialli_
Materials entering Into the work skull be handled and storedd,
in such a manner that their quality and idart ity will be mainta L" "uc
Any material to be . inoorporated into the work, if used temporarily
for eonstruotion purposes• shall be inspected and approved by the
Engineer after any "temporary use and before being incorporated ixfto
the work#
Ss Ldeguaol of E ai m is
All equipment for the project or directly affecting materia.l
entering into the work shall be adequate to do the work for 'which, it-
is
called upon# shall be in first class working and producing con.,
dition, and shall be aooeptable to the Engineer.
Equipment whioh, through failures would affect the strength
and stability of the workv shall be supplemented by stand -by
equipment; this applies in particular to oonorete producing equipme -it,
oonorete planing equipmcait, trucks# vibratorst pumping equipments, aLo4
Tools used on the work shall be standard for the duty required
and In _.good, condition. Uh.ere sewers ,water: gas. pipes or other
uiblid-utilities are encountered, the shall - bs protected b tti
P Y P y e _
Contractor who will be responsible for oro ssing them in such a
manner as not to cause damage, Any damages oacuring because of tr -:
Contractor's work will be repaired by the utility company affeott:d�
at the Contractors expense* There such utilities are encounters
and are required to be removed or relocated because of the wotk�
the moving or shifting of the same will be done by the Owner's
forces at his expensed.
The Contraotor shall so arrange his work that the Owner's
may do such work at a minimum of cost, and shall give the Owner
sufficient advan oe notice of the work to be done, that a minjmu,
of delay will occur to both the Contractor and the Owners
The Owner will handle suoh .work as promptly as his forces wa:i,31_
permit, and Contractor will be allowed no olaims due to delay of
the Owner in completing the work necessary,.
6, Profiles and Cross-deotions a_
Profiles of the various server mains as shown on the plans are
taken from actual field work and may be considered as essentially
aoourate in estimating the project, however, at the time the lines
are actually built, new. profiles will be run and pipe grades adjusted
to the conditions foundo Sati-mates will be based on final grades*
7a State A a Lawa�
Attention is called to the fact that the inclusion of a minimum
schedule of wages to be paid employees engaged In work under this
oontraot „does not relieve the Contractor from oomplianos with an
,Mate Wage Law whioh may be appli,osblae The Contractor.-must ab .r,
by the wage laws of the State and mawt 'not Pay less 'th i'the rs)t__�s
legally presoribed or as set forth iierefn v4lohever is' the h ;::e. "ro
Se 4uantities in the Proposal:
The quantities of Tmr4 and the materials get forth in the
posal form or on the plans represent approximately the work to oo
performed and the materials to be turn ishod, and are :far the pur; oso
of comparing the bids on a uniform basis: I'sjidnt will be made
by the City to the Contractor only far the actual quantities of
work performed or the materials in a000rdanoe Ytith the flans and.
Specifications,
9* Increased or Decreased Quantities-1
The City reserves the .right to alter the quantities of the work
to be performed or to extend or shorten the improvements at any time
when and as round neoessary, and the Contractor shall perform the
work as altered, increased or decreased at the oontraot unit
pr.toee. Such increased or decreased quantity shall not be more than
-twenty five (25) peroent . of the contemp7 fitted quantity of such iter4
or items* No allowance will be made for any change in anticipated
profits, nor shall such changes be considered as waiving or invali,
dating any conditions or provisions of the contract or bond*
1.0, Alteration of flans and 3nea f oetiansi
The City reserves the right to make such changes in .the Plan_i
and Specifications and in the character of the work as may be
nary Or desirable to insure completion in the most satisfaotyo. -y
manners provided such changes do not materially alter the oriw *il"
plans and specifications or ohano�e the general nature of the wc 1
as a whole; Such changes shall not be oonsidered as waiving o,r
invalidating any condition or provision of the contract or bcnan
When any.work is nemessary to 'the proper completion of the
pro,jeoti for whioh no prices are provided in the proposal and
tracts the Contractor shall do such work, but only when and as
ordered in writing by the t;ngineero payment for extra worts will
be made as hereinafter provided*
11, 5xalnation of Flanas d 00ificutions i e of ]a. k:
Bidders are requiredg prior to submitting any proposals to
carefully read the speoificationss proposals contract and bond
formaq to visit the site of the works to examine oarefully
conditions, to inform themselvos by independent reb6aroin, tosts
and investigations, of the difficulties to be encountered and judso
for themselves of the aooessibility of' worlc# and all atte?zdi:n,-
oiroumstanoes affecting the cost of doing the work or time requi.red
for its completion, and obtain all information required to Make sn
3rtelligent proposal* Do information given•by the City or any of-
fioials thereof, other than o thrLt shovin -on the plans or eonta.f led
In the speoifioationst proposals• and other dooumentst shall "'IIe
banding upon the city. Sidders shell relay 'exolusively up n 1 110'
oven estimates, investigations• tests and other data Nvhioh are no—
oessary for the full and complete information upon which tho pro.
posal may be based-'. It is mutually agpxeed that submission of a
proposal is evidehai .that the bidder ha it made the examinations*
investigations and t4sts required harsh.
1.2* pre r 't; o ` ok gLOOOLa_I:
:the bidder shall .submit his l)roposal on the forms furnished
herein„ All blank epaoes in the form shall be correctly filled
Inc and-the bidder shall state the prices, written in ink, both in
words and numerald4 for whioh he propdOs to do the Work contemplated
or f�ri,isa tae materials required* duah prices shall be written
d sti,Aotly 10GIblos in oase of disarepaney between the price
written in words and the prioes written in numerals, the price
written' in words shall- overnA
If proposal is submitted by an individual# his name must be
signed by him or his duly authorized agent. It the proposal is
submitted by a firm, association or partnershipv the name and adc ?razz
of each member must be givens and the proposal signed by a ra::mb,,,r
of tone firms association or partnership* or person duly
If tie proposal is submitted by a company or oorporationt t' uuli..1o.i
or corporate name and business address must be given# and tit
proposal signed by an of'f'icial or duly authorized agent,
Attorney authorizing agents or others to sign proposals murL be
properly certified* and must be in whiting and submitted rAth
the proposal„
No proposal will be considered unless it is acoolapu need b; o
,-:4shierts check drawn on a local bank* payable unoonditaoral)-,y to
the" Mayor of the City of Corpus Chriati* Texas, or a bid band fro-,e
a recognized bonding company in the amount of five (5) pert :ant o.-Z'
the total amount of the bid. The proposal guaranty is required b,�r
tie City as evidence of good faith and as a guarantee that if award.ea
t*- a contraot, the bidder w ill execute the contract and furnish the
roq'Ured bonds within ten (10) days after the receipt of aooeptanict
3
130 Filing of,P_rUpgals!
No proposal will be considered unless it is filed with the City
Searetary at Corpus Christi# Texas, within the time limit for :e,0
oeiving proposals as stated in the advertisement, Those proposals
shall be sealed, plainly marked with the ward *Proposals and the
name or description of the project as designated. in the Advertise-
ment*
Proposala.fi:led with.the City Secretary bannot be W d�awn
Pr modified prior to the' time set for opening proposftltmo rgctest
for non- oons3deration of proposals mast 'ba ma:dw in• writ ng add.rekned
to the City Counoil and .filer' with the City Seoretary prior to the
time set for opening bidsm Aftev other proposals are opened and
pLiblialy read„ the proposal for vrhioh withdrawal is properly rew
quested may be returned unopened*
The proposals filed with the City Secretary will be opened and
read in the presence of the City Council at the time stated in the
Advertisementp and shall thereafter remain on file with the City
8eo retary. 110 oontraot *111 be entered into. based > on suoh p ropu_ sP l.s;.
until forty -eight (48).hourse shall have elapsed* as provided
by the City Charter.
Proposals shall be considered A rregular if they show any
omissions, alterations of forms additions, or conditions nut called
for, aneuthorized 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 rejent-any or q11 propusals,,
and all proposals submitted are subject to this reservationo
14r !ward and Exe,9utforb,ot,Contrace s
After proposals are opened they will be tabulated for oom.
parison on the basis of. bid price's and quantities shown in the
proposal, Until final award of the oontraott the City reserves the
right to reject any or all proposals* to waive teohnicalities# and
to re-- advertise for new proposalsr or proceed 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 prices have been tabulated for comparison
of bidsgthe City may, at its disoretions return the proposal
guarantees accompanying the proposals# whioh+ in its p diggen ,
would not be considered in the award; all other proposal geararr.:e:is
will be retained by the City until the required contract and
have been executed# after which they will be returnedQ NO prod
guarantees will be returned, however, until after the forty-a-4
(48) hours have elapsed from the time of opening bids«
n
r.'f
With the
shall furnish
the following
execution and
and file with
Surety Bondsm
delivery of: the contract the Contractor
the City in the amounts herein required
(1) per rm, anoe Hanc , „ A good. and suffioi,enb :performanoo botad
in an amount equal to one hundred (100) peroent of the
prdiximate total amount of the oontraot4 .46 evidenced by the
proposal tabulation or otherwiseg guaradteding the furl and
faithful execution of the work and perfbmdnoe of the oon.
tract#.. and for the protection of the City and all other
persons against damage by reason of negligence of the Cones
traotors or improper execution of the wdrk$ or the use of
Inferior materialse This construction bond shall guarantee
the payment for all labors materials and equ4ment used in
the oonstruotion of the works and shall remain in full foroe
and effect until final soceptanoe of the improvements by
the City,
No sureties will be aoo epted by
or delinquent on any bondst or who
against the City. All bands shall
City and shall be executed U,zrough
16, Execution of tlnntrQOt�
the City who are no+in default
are interested in any litigation
be made on forma furnished by the
the local agent of said surety,
. The person or porsonse partnership4 company, firm# association
or corporation to whom a contract is awarded shall, within ten (10)
days after such,awardg sign the necessary, agreements entering into
tine required - eontradt -with the City and execute and deliver the re•»'
quired bonds.
No contract shall be binding; on the City uhill it has been b %4-pz d
b� the Makoro dontrollexr� attested by the City "bratary and approved
as to legal form by the City' attorney*
17. rail.ur to Execute Contraoti
The failure of the bidder to execute the required bonds or to
sign the required contract within ten (10) days after the contracw
is awarded shall be considered by the City as can abandonment of
his proposals and the City may annul the awardo By reason of the
uncertainty of market prices of materials and labors and it being
impraotieable and difficult to accurately determine the amount of
damages accruing to the City by reason of said bidda is failure to
execute said bonds and oont raot within ten (10) daysa the proposal
guaranty a000mpanying the proposal shall be the agreed amount of
d.amagas which the City will suffer by reason of such failure on the
part of the bidder, and shall thereupon immediately be forfeited
to the Cityo
The filing of a proposal will be considered as an aaaeptanoe
of this provision*
CONTROL OP THU IVORK jiND 1PiAR. AILS
1, tiuthority�of the Engineer:
All sprk shall be performed under the supervision of the Engineer: in
a workmanlike myun3r and to his satisfaction. He shell decide all questions
which arise as to the quality and acceptability of the materials furnished,
work performed, manner of performance, rate of progress of the work, sequence
of We construction, interpretation of the plans and specifications, aooept -
able fulfillment of the contract, compensation, mutual rights between contract-»
oreugnder these , specifioations, and suspension of the work. He shall deter,
mine the amount and duality of the work perforated, materials furnished, and
his decision and estWate shall be final. His estirtsate in. such event suall
be a condition precen.1 to the right of the Contractor to receive money due
him under the contract.
2. Conformity-with plans 2
All work shall coAform to the lines, grades, Gross- sections, and
dimensions shown 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. Existin • .Structures i
The plans show the locations of all known surface and sub - surface
structures. _iowever, the location of many gas mains, water mains, conduits,
sewers, etc., is unknown and the City assumes no responsibility for failure
to show any or all of these structures on the plans, or to show them in their
exist ,looatioa. It is mutually agreed such failure will not be considered
sufficient basis for claims for additional compensation for extra work or for
increasing t.ae pray,quantities in any manner whatsoev.err: unless the oonstr.ultm.._.:
W encountered is suoi as to necessitate changes in the lines or grades, or
requires the building of speoi.al work, provision for Mich is not made in the
plans and proposal, in which case the provisions in these specifications for
extra. work :shall apply.
4, ooxdin t: on of 1*l S eci io ion krc os 1 all d
S eo ial hovis ions 2
The lrlanso these specifications, the proposal, and all supplementary
documents are intended to describe a complete work and are essential parts
of the contract, A requirement occurring in any of them is binding. In vase
of discrepancies, figured dimensions shall govern over scale dimensions;
plans shall govern over specifications; special provisions shall govern aver
both general and standard specifications, and plans and quantities shown on
the plans shall govern over those shown in the proposal. The Contractor
shall not take advantage of any apparent error or omission in the plans and
specifications, and the Engineer shall be permitted to make such corrections
or interpretations as may be deemod necessary for the fulfillment of the
Intent of the plans and speoifications. In the event the Contractor
I
discovers an aPparent error or disorepapoyr he shall immediately call this
to the attention of the Engineer*
5. Coo eration of Contrac3tor:
The Contractor will be supplied with three copies of the plans and.
specifications, and shall have available on the work at all times one oopy
Of said plans and specifications. d
The Contractor shall give to the work the consistent attention necessary
to facilitate the progress thereof' and he shall cooperate with the Engineer,
his isspeotora, and with all other contractors in every may possible. The
Contractor shall provide a competent superintendent on the work at all times,
who is fully authorized as his agent on the work. Such superintendent. shall
be capable of reading and understanding the plans and specifications and
shall receive and fulfill instructions from the engineer or his authorized
representatives.
The Contractor shall provide all facilities to enable the %sineer
and his inspectors to inspect the workmanship and materials entering into
the work.
6.. Construction Stakes;
The engineer wili furnish the Contractor with all lines, grades and
measurements necessary to the proper prosecution and control of the work
contracted for under these specifications. auch stakes or markin;s as the
Engineer may astablish, either for his oNn use or the Contractor's guidance,
shall, be preserved by the Contractor until authorized by the Engineer to
remove same. Any stakes damaged or destroyed by the Contractor through
negligence shall be replaced by the &Si,neer at the Contractor's expense.,
..��ad - tiu�.1ita of ii�aterials:
The materials shall be the best procurable, as required by the plans,
specifications and special provisions. The Contractor shall not start
delievery of the materials until the Engineer has approved the source of
MAY, Only materials conforming to these specifications shall be used
in the work, and such materials shall be u4ed only after written approval
has been given by the Engineer, and only so long as the quality of said
materialo remains equal to the requirements of the specifications. The
Contractor shall furnish approved materials from other sources if, for any
reason, the produce from any source at any time before oommenoement or
during the prosecution of the work proves unacceptable. ,after approval, any
material which has become mixed or coated with dirt or any other foreign
substances during its delivery and handling will not be permitted to be
used, except that such material as can be must be thoroughly cleangd before
as ing..
I ,
8. Sam les and Tests of .�Jaterials a
11here, in tale opinion of the Engineer, or as called for in
the speoifications, tests of materials are necessary, such tests
will be mode 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 Conttraotor of his responsibility of furnishing
materials conforming to the specifications. '.Pests, unless other-
wise specified, will be made in accordance with' the latest standard
methods of the American Society for Testing materials, The Con-
tractor shall provide such vaailities as the Eagineer may require
for collecting and forwarding samples and shall not use the Mater-
ials represented by the samples uIitil the tests have been made.
The Contractor shall furnish adequate samples without charge.
9n Storage of Ma.terialsa
Iy2aterials shall be stored so as to insure the preservation
of their quality and fitness for the workp {'aen directed by the
Engineer they shall be placed on -wooden ln,tforms or other hard
clean surfaces, and not on the grounds and shall be placed under
cover when directed. ,Stored materials shall be placed and located
so as to facilitate prompt inspection,
10. 1:nsliaot f ona
'The Contractor shall, furnish the Engineer with every reason-
able facility for ascertaining whether or not the work performed
eras in accordance with the requirements and intent of the plans
and specifi.c3ations. Any work done ( except excavation) or materials
used without suitable supervision or inspection by the Engineer may
be or exed rer-iovad..and replaced at the Contractors expense. ...
11 o Removal. Of DefeQt.i_ve and iJnautharized Work.
All work which has been rejected or dondemned shall be re-
pairedf or if it cannot be repaired satisfactorily, it shall be
removed and replaoed at the dontraotor's expense. Defective ma-
terials thall 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 conformity with the grades shown
on the plans or as giveng save as herein provided; work done without
proper inspection or any extra or unclassified work done without
written authority and prior agreement in writing as to prices, shall
bs.done at the Contractor's risk and will be considered unauthorized,
and at the option of the Engineer may not be measoced and paid fora
and may be ordered removed at the Contractor's expense,
Upon the failure of the Contractor to satisfactorily repair
or to remove and replace, if so directed, rejeoted, unauthorized
or condemned work or materials immediately after receiving notice
from the Engineer9 the Engineer willgp after giving writtAn notice to the
Contractor9 have the author?ty to cause defective work to be remedied
or removed and replaaedo or to cause' unauthorized work ,to be removed and
to deduct the cost thereof from any moneys due Or to beocme due the Conn.
traotoro
12,, Sa ;.vale
A11 materials such as pipe oulverts, structural steele timbero rail -
ings.a etcoo which is deemed salvable by the Engineers shall be carefully
placed in neat piles along the right-of-way at convenient loading points
which will not interfere with traffic or oonstruotion, All materials
salvaged shall be -the property. of the City of Corpus Christi, Texas.
Materials such as oonoretey reinforoemento timber, eto,.2 which are
not deemed salvable by the Cngineern shell be placed in neat piles along
the ' right-of-way so as not to interfere with oonstruction or traffid
and so as not to obstruct the flow+of water unless otherwise provided.
15. Final Cleanup:
Upon completion of the work and before acceptance and final payment
shall be made the Contractor shall clean and remove from the site of the,
work surplus and diso.arded materials,. temporary structures and de'hris of
every kind, Ide shall leave the site of the work in a neat and orderly
oonditiong equal to that which originally existed. Surplus and waste
materials removed frcm the site of the work shall be disposed. of at lo»
cations satisfactory to the Engineer.
14. F tnal Ins eot ion a
The Sagineer, will meke f inal inspeotion of: R-11 work included 4n the
e -entrant as sv;an as practicable after the work is completed and ready for
acceptance, If the work is n6t acceptable to the Engineer at the time
Of such inspeotiont he will inform the Contraotor as to the particular
defects to be remedied before final &voeptano6 will be made,
,1
7
ITSId Id0 a 3,
U-3AL RS'LAT70NS ATT PiT1LIC R^S�p;i3I13ILTtY
1* a s to be Observed:
The Contractor shall at 01 t! -Wes obse3 =ve ar. uj comply with all
Federal and State Laes, and City c i aim es and regulations which
in any manner affeot the oonduot 'of the work and shall observe and
comply with all orders, lays, ordinar:ees and regulations which ex-
ist or which may be enacted later by bodies having jurisdiction or
authority for such enaotment9 and no plea of misunderstanding or ,
ignorance thereof will be considered. The Contractor and his Sure.,
ties shall indemnify and save harmless the City and all its off ioiers,
aents,) .and employees against any claims or liability arising from
or based on the violation ^f any such lawn ordinanoeq regulation,
or order, whether by himself or employees,
2-, ermits and Lioanses."
The Contra.otor Shall procure all permits and lioenses., pay
all charges and fees except for those obtained from City Departments,
and give all notices necessary and incident tc the due and lawful
Prosecution of the worko
3. Patented Device. - 116terials and Processes:
If the Contractor is required, or. desires to use any design,
device, material or process covered by letters of patent or copy_,
right, he shall provide for such use by suitable le a1 agreement
with the patentee or owner. It is mutually agreed and understood
that without exception, oontraot prices silall.inolude all royalties
or costs arising from patents, tiade,iiarks and copyrights in any ,may
involved in the works The Contractor and iris Sureties shall. indemnify
and save harmless the City from any and all claims for infringement
by reason of the use of any such patented design, device, material
or prooess, or any trademark or oopyright in ocnneotion with the
work agreed to be performed under this contraott and shall indemnify
the City for any oostD expense. or damage which it may "be obliged.
to pay by reason of such infringement at any time during the pro»
seouti.on of the work or after aomplet�on of the work,
4a Sanitary Previ.s ions a
The Contractor shall establish and enforce among his employees
such regulations in regard to elealiliness and disposal of garbage and
waste as will tend to prevent the inception and spread of infectious
or.coxatagious deseases, and to effectively prevent the creation of.a
nuisance about the work or any propertyl either publio or
.privatey and
such regulations as are required by the Engineer shall, be put into
odd -ate force and effect by the Contractor, The.neoessary sani-
tart' oonveniehoes for the use of laborers on the work, properly
secluded from public observation, shall be constructed and main -
twined by the Contractor in such manner and at such points as will
be approved by the Engineer4 and their use shall be strictly
enforced by the Contractor. 411 sanitaxyr is :Rs and regulations of
the State of Texas and -the City of Corpu3 Christi shell be strictly
complied with,
5. Public Convenience and Safety,.
Materials stored about the work shall be so placed, and the
work shall at all tftes.be so oonduoted, as to pause no greater ob-.
struotion to the traveling publio than is considered necessary by
the Snineer. The Contractor shall make provisions by bridges or
otherwise at all cross streets, highwayst sidewalks, and private
driveways for the free passage of pedestrians and vehicles, pro-
vided that where bridging is impre.otioable or unneoessaryj in the
Opinion of the Ongineerg the Contractor may make arrangement) sat-
isfactory to the Engineer for the diversion of traffia, and shall at
his own expense provide all materials and perform all work necessary
for the construction and maintenance of raodways and bridges for the
diversion of traffic. Sidewalks must not be obstructed except by
special permission of the Bngineer, The materials excavated, the
construction materials or plant used in the construction of the work,
shall, be planed so as not to endanger the work, or prevent free
access to all fire hydrants, water valves, gas valves, manholes for
telephone, telegraph, signal or eleotrioal'oonduits, sanitary or
storm sewers, and fire alarm or police call boxes in the vicinity,
The City reserves the right to remedy any neglect on the part of
the Contractor as regards the public oonvenience and safety which
may come to its attention after twenty --ftur (24) hours' notioe in
writing to the Contraotor, save in oases .of„ eraer ;ronoy..when, .it shall
have the right to remedy any- neglect w .tYLout noticep ihnd in either
oase the cost of such work done by the City shall be deducted from
monies due or to become due the Contractor.
The Contractor shall notify the Fire Department Headquarters
when any street is olosad or obstructed, and, when directed by the
Engineer, shall keep any street or streets in condition for un-
obstructed use by fire apparatus. Where the Contractor is required
to construct temporary Bridges or make other arrangements for cross-
ings over ditches or streams, his responsibility for aooidents shall
i.npl.ude the roadway approaches as. well as the structures of such
crossings
f. Er iv in Streets &lle s
and Ri hts- .of`, "dav;,
For the performance of the contract, the Contractor will be
permitted to 000upy such portions of streets or alleys or other
publio places or other rights -of -way as provided for in the or-
dinances of the City, as shown on the plans or as permitted by the
Cn;ineer. A reasonable amount of tools, materials and gquiyment
for construction purposes may be stored in such space, but not more
{
r 4
than is necessary to avoid delays in the oonstruotion. Excavated
and waste materials shall be piled or stacked in such a way as not
to interfere with spaces that may be designated to be left free
and unobstructed, nor inconvenience 000upants of adjoining property.
Other Contractors of the City maY,2 for all purposes required by
their oontraots, enter upon the work and premises used by the Con-
tractor' and the Contractor shall give the other contractors of the
City all reasonable facilities and assistance for the completion of
adjoining work. Any additional grounds desired by the Contractor
for his use shall be provided by him at his own cost and expense.
7„ LRailway, Cross inssa
Where the work encroaches upon any right-of-way of any railway.
the City will secure the necessary easement for the work. iVhsre rail-
way tracks are to be orossed, the Contractor shall observe all the
regulations and instructions of the ,railway company as to the methods
of doicag the work, or precautions for safety of property and the public,
All negotiations with the railway company, except for rights- of�wayq
shall be made by the Contraotor. The railway company shall be not-
ified by the Contractor not less than five (S) days previous to the
time of commencement, of his intentions to begin work. The Contractor
Will not be paid direct compensation for such railway crossing, but
shall receive only the compensation as set out in the proposal,
86 BarrioadenL Lights and Watchmen;
5here the work is carried on in or adjacent to any street, alley
or public place, the Contractor shall at his own cost and expense fur -
nish and erect shah barricades, fenoes, lights and danger signals,
shall provide such watchmena and small take such other precautionary
meaa.4res f9r,.the protection of persons or property;.and other.work as
are necessary. Barricades shah. be painted in a color that will be
visible at night. From sunset to sunrise the Contractor shall furnish
and maintain at least one light at each barricade. A sufficient number
of barricades shall be erected to keep vehicles from being driven on
or into any work under construction. The Contractor shall furnish
watchmen in sufficient numbers to protect the work.
The Contractor will be held responsible for all damage to the
work due 'to the failure of barricades, signs, lights and watchmen
to protect it, and whenever evidence is found of such damage, the
Engineer may order the damaged portion immediately removed and re-
placed by the Contractor at his cost and expense. The Contractor's
roPPOnsibil.ity for the maintenance of barricades# signs, and lights
and for providing watchmen shall not cease until the project shall
have been a.eoepted by the City,.
9a Protection and Restoration of 1'ro.ertyc
Where the work passes over or through private property the City
will provide such right of way. The Contractor shall not enter upon
private property without having previously obtained permission from
the owner, The Contraotor shall be responsible for the preservation
of, and shall use every precaution to prevent damage to all trees,
shrubbery, plants, lawns, fences, culverts, bridges, pavements,
driveways, sidewalks, etc.v tp all water, sewer and gas lines, to all
aanduits, to all overhead pole lines, or appurtenanoes thereof, and
to all other publio or private property along or adjacent to the .
work. The Contraotor shall notify the proper representatives of any
public utility., corporation, any company or individuals not less than
forty-eight (48) hours in advanoe of any work which might damage or
interfere with operation of their or his property along or adjaoent
to the work* The Contractor shall be responsible for all damage or
injury to property of any character resulting from any act, omission,.
neglect or misconduct in the manner or method of exeoutiog the work,
or die to his aeon- exeoution of the work, or at any time due to de-
fective work or materials, and said responsibility shall not be re-
leased until the work shall have been completed and aooepteda
Viliere and when any direct or indirect damage or injury is done .
to public or private property on account of any act, om issiont
neglect or misoonduct in the exeoution of the work, or in any oon-
sequenos of the non - execution thereof on the part of the Contraotor,
he shall restore or have restored at his own cost and expense such
property to a condition similar or equal to that existing beforesuch
damage or injury was done by repairing, rebuilding or otherwise
restoring as may be direotedo or he shall make good such damage from
injury in a manner acceptable to the Wner or the Engineer,
n -oase of failure on the part of Contractor to restore such
property or make good such damage or injury the Engineer may, upon
forty -eight (48) hourst written notice under ordinary oireumstances,
and without notice when a nuisance or hazardous condition resultst
proceed to repair, rebuild or otherwise restore suoh property as may
be determined necessary, and the cost thereof will be deduoted from
any monies due or to become due the Contractor under his co ntraot.
10. ResUonsibility ffor. Damage Claims:
The Contractor and his sureties shall indemnify and save harm-
less the City and all its officers, agents and employees from all suits,
actionst ar claims of any charaoter, name and desoription brought
for or on acoount of any injury or damages reoeived or .sustained
by any person or persons or property, by or from the said Contraotor
or his employees, or by or in consequence of any negligenoe in safe-
guarding the work, or through the use of unacoeptable materials in
construoting the work or by or on account of any trot or evmission,
neglect or misoonduot of said Contractor, or by or on a000unt of any
Claims or amounts recovered under the 'Workmen Ia Compensation Law,
or any other law, ordinance, order or decree* and so much of the
money due the said Contractor under and by virtue of his contract
as shall be considered necessary by the Ofty may be retained for
the use of the City, or in the case no money is due, his 64reties
shall be held until such suit or suits, action or aotions, claim
or claims for injury or damage as aforesaid shall have been settled
and satisfactory evidence to that affect furnished the City.,
11, Contraotor'Es Claim for Damazes s
Should the Contractor claim compensation for any alleged damage
by reason of the acts or omissions of the City, lie shall within
three (3) days after the sustaining of sueh alleged damage., make a
written, statement to the Engineer setting out in detail, the nature
of the alleged damaget and on or before the 25th day of the month
stv.icesdf.ag that in whioh any such damages claimed to have been sus -
ta:s.r►ed the Contractor shall file with the Engineer an itemized state
ment of the details and amount of such alleged damages and upon re-.
quest ahall give the Engineer access to all books of accounts, re-
oei_rtsv vouchers, bills of lading and other books or papers con -
tataing any evidence as to the amount of such alleged damage. Un-
3.ess such statement shall be filed as hereinabove required, the Con -
traotor' s olaim for compensation shall be waived and he shall not be
enti.ti.ed to payment on account of such damage.
T case it is necessary to change or to move the property of
any owner of a publics utility, such property shall not be moved or
Interfered with until ordered to do so by the Engineer. The right
is reserved to the owner of public utilities to enter. upon the limits
of the contract for the purpose of making such changes or repairs
of their. ,.property. that .may be neoessary .by performance of the von-
tradtA The City reserves the right to enter" boon the iimi.ts of the
contract for the purpose of re- :airinx o.'., relaying sewer, v.ater or gas
Lines and appurtenances; rspa- ri.n or relaying sewer, water or gas
Lines and appurtenanoes� repairing structures, eto_., and for making
other repairs, changes or extensions to any City property,
12. Te_po3 rY Dratna &eq
';.'here existing drainage is interrupted or existing sewers have
to be taken up or removed, the Contractor shall at his oven cost and
expense provide and maintain temporary outlets and connections for
al., private or public drians and sewers.. The Contractor shall also
take care of all sewage and drainage which will be received from
these drains and sewers, and for this purpose he shall provide and
maintain at his ovm cost and expense adequate pumping facilities
and temporary outlets or diversions. The Contractor shall Wt his -own
expense construct such troughs, pipesor other structures neoessary,
and be prepared at all times to dispose of drainage received from
these temporary connections until such time as permanent con neotions
are built and in service. All. water shall be disposed of in a
satisfactory manner, so that no nuisance is created and so that the work
under construction is adequately proteotad.
13. Use of a.Seotion or Portion of the .Jork:
Wherever, in the opinion of the Engineer, any section or
portion of the work or any structure 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 way an acceptance of said
vrork or structure or any part thereof, or as a waiver of any of the
provisions of these specifications or the oontraot pending final
+completion and.acceptanoe of the work; all necessary repairs and
renewals of any seotion of the work so put into use, due to defective
materials or workmanship or to operations of the Contractor shall
be performed by the Contractor at his oven cost and expense,
14. Contractor =s Responsibility „for _ the Z, orko
Until written acceptance by the Engineer, as provided for
in these specifications, the work shall be under the charge and pare
of the Contractor and he shall tame every necessary precaution to
prevent injury or damage to the work or any part thereof by action
of the elements or from any other cause whatever, whether arising
from the execution or non— execution of the vrork, The Contractor shall
rebuild, repair, restore and make good at his cost and expense all
injuries or damages to .any portion of the work cocas ioned -by any of the
hereinabove causes.
15. Tao aaiver of Legal Right:
Inspection by the Engineer, any order, measurenent, quantity
or certificate by the Engineer, any order by the City for payment
of money, any payment for or acceptance 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 contract or any power therein
reserved, to the City of any rights or damages therein provided. _Any
waiver of any breach of contrast shall not be held to be a waiver
of any other or subsequent breach*
The City reserves the right to correct any error that may be
discovered in any estimate that may have been paid, and to adjust
the same to meet the requirements of the oontraot and specifications.
The City reserves the right to claim and recover by process of law
sums as may be sufficient to correct any error or make good any
deficiency in the work resulting from such srror, dishonesty by
oollusion, upon the conclusive proof of collusion or dishonesty by
the Contractor or his agents and the Engineer or his assistants,
discovered. in the work after the final payment has been .made,
ITEM NO. 41
FRO &CUTIO'U AND PROGRESS.
lo. Sublettlna the !,Zorkt.
N:, portion of the work oavered. by these specifications and
contract, except contracts for purchase and delivery of materials,
shell Ire sublet without written permission of the City, If the
Contractor sublets any part of the work to be done under this con-
trast ho will not, under any circumstances, be relieved of his
responsibility and obligations. All transactions of the Engineer
will be with the Contraotoro Subcontractors will be considered
only in the capacity of employees or workmen and shall be subject
to the same requirements as to character and competenoy, The City
will not reoogniz-e any suboontractor on the work, The aontraotor
shall at all times when work is in operation be represented either
in person or by a qualified superintendent or other designated re-
presentative.
S. Assignment of Contract:
The Contractor shall not assign; transfer? sublet, convey
or otherwise dispose of the contract or his right, title and in-
terest in or the same or any part thereof without the previous
obnsent of the City expressed by resolution of the City Council
and'co noulred An by the .Sureties. If the Contractor does, without
such previous consent, assign, transfero sublet, convey or other-
wise dispose of the contract or his right, title or interest therein,
or any part thereof, to any person or persons, partnership, company,,
firm or corporation, or by bankruptcy, voluntary or involuntary, or
by assignment under the insolvency laws of any state, attempt to
dispose of the -dontraot or his right, title or interest therein, or
...aDy part, thereof., to any person or persons, partnership, company,
fii-9 or corporation, or by bankruptcy, voluntary or i.nvoiuntary, or
by assignment under the insolvency laws of any state, attempt to
dispose of the oontraot or make default in or abandon said oo ntraot,
hen the contract may, at the option of the City, be revoked and
annulled, unless the Sureties . shall suocsessf uUy oomplate said oo n-
t_aot, and any monies due or to become due under said contract shall
be retained by the City as liquidated damages for the reason that.it
would be impracticable and extremely dif'f'icult to fix the actual-
damages,
3. Proseoution of the Vorki
The Contraotor shall begkii 1 e work to. be performed :under this
contract within the time limit state in these speoifioations, and
shall conduct the work in such a manner and with sufficient equip -
sent, materials and labor as is necessary to insure its completion
within the time limit. The sequence of all oonstruotion operations
skull be at all times as directed or approved by the Engineers
Such direction or approval. by the Engineer shall not relieve the.
Contractor from the full responsibility of the complete perfromanoe
of the Contract. Should the proseetuion of the work be discontinued
by the Contractor, he shall notify the Engineer at least twenty -four
(24) hours in advance of resuming operations.,
4. Limitation of Operations:
The work shall be so conducted as to oreate a minimum amount
of inoonvenienoe to the public. At any time.when, in the judgment
of the Engineer, the Contractor has ob&tractad or olosed, or is
carrying on operations on a greats~ :pert;.on of the streets or publio
way than is necessary for the pro,por execution of the work the
Engineer may require the Contractor to finish the sections on which
work is in progress before work is started on any additional section.
S. Character of !Work -and Equipment:
The Contractor shall employ such superintendents., foreman and
workmen as are careful and competent, and the Engineer may demand
th,e dismissal of any person or persons employed by the Contractor in,
about or on the work who shall misconduct himself or be incompetent
or negligent in the proper perf'ormanoe of his or her duties, or
neglect or refuse to comply with the direotions of the Engineer,
and such person or persons shall not be employed again thereon with -
out the written oonsent of the .Engineer. .
h11 workmen shall have sufficient skill and experience. to
properly perform the work assigned then.
The, Contractor shall furnish such. -_n pment as .is.considered
necessary for the prosecution of the work in an aoaeptable manner
and at a satisfactory rate of progress. All equipment, tools and
machinery used for handling materials and exeouting any part of the
work shall be subject to the approval of the Engineer and shall be
maintained in a. satisfactory working oonditi.oa� Equipment on any
portion of the work shall be such that no inaury to the work or ad-
jacent property will result from its use,
6. Working Hours:
Work shall be none only during the regular and commonly
accepted or. prescribed working hours. The hours for all workmen
and laborers employed on. the work and under the oontraut shall con-
form to all laws and regulations now in force.
7. Time of Commencement and Completion:
The Contractor shall commence the work within the time specified,
and the rate of progress shall be such that the whole work will be
performed and the premises cleaned up in a000rdanoe with the contract,
plans and specifications within the time limit specified in the
oontraoto unless an extension of time be made in the manner herein-
after specified.
N
}
The Contractor shall be entitled to an extension of time as
provided herein .only. when claim for sash extension is submitted to
the City Counoil in writing by the Con-c.ractor within seven (7)
days from and after the time vdhen any alleged oau.de of delay shall
occur and then only when such claim is a j _;roved by the City Counoil.
In adjusting; the cmntraot time for tc:e 0_
.)l;l.e =,i.an of the project.,
all strikes, :lookouts, unusual delays in transportation, or any
condition over which the Contractor has not control, and also any
suspension ordered by the Engineer fro causes not the fault of the
Contractor small be excluded from the computation of contract time
'or complet on of the work. If the satisfactory exeo.ution and oom --
pletion of the oontraot should require work or materials in greater
amounts or quantities than those set forth in the oontraot, than
the 001tract time shall automatically be' inoreased, in the same pro -
portion as the cost of, the additional work bears to the cost of the
original work contracted for. No allowances will be made for delays
or suspensicn of the prosecution of the work due to the fault of
the 0011tractoro
8. Fri �s n Time;
The time of completion is the essence of the oontraot For
each calendar day that any work shall remain unoompleted after, the
time specif'ied in the proposal and the contract, ci the inoreased
time granted by the City, or as automatically increased by addit-
ional work or materials ordered after the oontraot is s igned, the sum
of fifty (Te'50.04) dollars per day shall be dedu.oted from monies due
the Contractor, not as a penalty but as liquidated damages, unless
Otherwise specified in the special prcvisi.ons,
The sum of money thus deducted :'or such delay, failure or
non-oompletion is not be to o onsidered as a penalty but shall be
deemed, take nd treated as reasonable ' i.quida.i -ee dama:ges,_ sinoe
it would be impracticable and extremely diffioult to fix the actual
damages.
9. Suspension b. Court Order:
The Contractor shall suspend such part or pasts of the work
ordered by tine Court, and will not be entitled to additional oom,•
poalsatzcn by v?.rtue of such Court Order. Neither will he be liable
to '::he City in the event the work is suspended by such Court Order.
1.0. Tem orar.,y 5u p n 3 on s
The Engineer shall have the authority to suspend the work,
whel' y:• 4;r J -n parts f or such perid or periods as he may deem
neoesse--o-y- due to unsuitable weather oo nditions or such other con-
ditions as are considered unfavorable for the suitable proseoution
of the work.
If it should become necessary to stop the work for an in-.
defs.nite period, the Contractor shall store all materials in such
man..ner treat they will not. obstruct or impede the public unnecessarily,
cr become damaged in any way, and he shall take every preoaution
to prevent damage or deterioration of the work performed; he shell
provide suitable drain
where necessary; age about the ,,pork and erect temporary structures
The Cort ractor shall not susgend work without a written
- authority from the Engineer and shall prooead with When notified by the Engineer to resume aperationsrt the work promptly
ll Sus ensign o.f ,'pork. and ^n�nutkne t,.,° Co�xaot 3
The wont or any portion of
spe.oted I the work under contract. shall be in-
mmediately on a written order of far any
the Engineer, or the City
Council, a copy of such notice to be sear s
ll ed on the Contractor'
Sureties or the Contract may. be annulled; by the City GounciCouncil good aaaA or causes others of which special reference is made
to the following;
:a) Fa"ure of the Ccantraotor to start work within ten (lo)
days from date of written notice by the Ci
zvo ty to begin
_ k,
(b) Substantial evidence that the progress Of the work
being -lade by the Contractor is insuffio lent to o ompl eta
the Work within the specified tire.
(a) Failure of the Cont
raotor to provide sufficient and
Proper equipment for properly executing the work,
(d) Substant.i evidence that the Contractor has aba % the ndoned_
work.
00 Substantial evidence that the Contractor has become
insolvent or bankrupt, or other wise financially unable
to Carry on the work.
(f) Deliberate failure on the part of the Contractor 'to
observe any requirement of these speoifiaations or
to ooittply with any orders given by the Engineer as
Provided for in these spec ifioations,
(g) Failure of the Contractor promptly to make good any
defeats in materials or workmanship or any defeats
Of any nature, the correction of which has been dir--
Eoted in writing by the Engineer,.
Substantial evidence of collusion for the purpose of
illegally procuring a contract or perpetrating fraud
an the City in the construction of the work under
o ontraot.
When the w ork is suspended. for. any r:,f the causes itemized
above, or for any other cause or causes, the contractor sha 11 dis-
continue the work or-such part therecf as the City.shall designate#
where -upon the Sureties may, at their option, assume the 6;,w►ract7axr
that portion thereof which the City has ordered the Contractor to
di.bcc ntinr�e, and may perform the same, or me y, with the written
cons ent of the City Council, sublet the work or that portion of
the w ork so taken over, provided, however, that the sureties shall
exeralse their option, if at all, within two (2) weeks after the
wr7i;.tea.riiotice to-,di.soontinue'tke svork has been served upon the
Contractor and upon the Sureties cr their authorized agents. The
Sureties in such event shall assume the Contractor's place in all
respects and shall be paid by the City for all work performed by
them in accordance with the terms of the contracto All monies re-
me 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 contract.
In case the Sureties do not, within the hereinabove specified
time, exercise their right and option to assume the contract or that
portion thereof which the City Council has ordered the Contractor.
to discontinue, then the City 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 Contractor
hereto agrees the t the City shall have the right to take possession
of and use any of the me terials, plr;nt, tools, equipment, supplies
and property of every kind provided by the Contractor for the purpose
of his work, and to procure other toola, equipment and materials
for the completion of the same, and to change to the account of the
Contractor the expense bf-baid c6ntractaor labor; ma.:terials� equip -'Ll
ment and expense incident thereto. The expense so charged shall be
deducted .,by.. the .City out of such monies as ma y be due or may ..at .any
time thereafter 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 lot,,est bid for the work of completing the contract, but
the expense to be deducted she 11 be the actual cost of such work.
In case such expense is less than the sum which would have been pay-
able under the contract if the same had been completed by the Con-
tractor, then in.such case the City may pay to the Contractor the
difference in the cost provided that the Contractor shall not be en-
titled to any claim for damages or for loss of anticipated profits.
In case such expense shall exceed the amount which would have
been payable under the contract, if the same had been completed by
the Contractor, then ' the; - Contractor and his Sureties shall pay the
amount of such excess to the City on notice from the City Council.
of the excess due, 74hen any particular part of the work is being
carried on by the City by contract or otherwise, under the provisions
of this section, the 'Contractor shall continue the remainder of the
work in conformity with the terms of the contract, and in such man-
e i
ner as in no wise to hinder or interfere with the performanee of
workman employed as above provided by the City.
12. `Germination of Contract:
The contract will be considered fulfilled,. save as provided
in any bond or bonds or by law, when all the work has been completed,.
the final inspection made by the Engineer, and final acceptance
and final payment by the City.
I TE74 .N0.5 .
" EAWRVI ENT AND PAY 7,11T
1... ,asurement of Quantities;.
The determination of quantities of work acceptably completed
under the terms of the contract 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
actual length, area, .solid contents, numbers and weight.
2. Unit Price;
Where in :the proposal ,form a "Unit Price`, is set forth, the
"Unit. Price" shall Include the furnishing by the Contractor of all
labor, tools, materials, machinery, appliances, plant and equipment
appurtenant to, and necessary for, the construction in every detail,
and the completion in first- class, workmanlike manner, of all the
work to. be done under.these specifications.
The "Unit Prioe" 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
construo:t each item of the w ork complete in place.
Scope of Pa yment;
The Contractor shall receive and accept the compensation, as
herein provided, in full payment for furnishing all labor, tools,
materia 1$, equipment and incidentals for performing all work con-
templated and embraced under the contract; for all loss or damage
arising out of the nature of the work, or from the action of the
elements; for any unftareseen defects or obstruction whi- ch'may arise
or be encountered 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 such prosecution of the
work as herein specified.; for any infringement of patents, trade-
marks or copyrights, and for completing the work in an- acceptable.
ma nner according 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
affect the obligation of the Contractor to.'repair, aorrect, renew
or eeplace at his expense, any defects or imperfections in the con-
traction or in the strength or quality of the materials used in or
about the construction of the work under contract 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.work4 The Fngineer
shall. be the sole judge of such defects, imperfections or damage, and
the Contractor shad be liable to the City for failure to correct the
same as provided herein. ,
y r :a? Estimates a
Between the 25th day and the lest day of each month, the
Engiraer will mace an approximate estimate of the value of the work
done during the month under the spe
eightyWfi. cifiaationsa On partial estimates
ve %85%) per cent of such estimated sure will be paid the
Contraotor on or before the fifteenth: ...,". day of the month next follow -
ing. The partial eatimate made will include aooeptable non-
perish-able materials delivered to the work, such payment will be alloyed
on the. basis of eigh� -five per cent of not invoice value, The Con -
tractor shall furnish to the Engineer such detailed information as
he may request. to 4id him as a •guide in the prepa.ra;tion of partial
estimate's.
It is underood that the partial estimates from month to
month will be approximate only and all partial monthly, estimates
and-payments will be subject to correction in the, estimate rendered
allowing far .the discovery of an error in any previous estimate!
and such estimate shall not; In any rospect, be taken as an ad-
mission of the City of the amount of work done or of its quality or
sufficiency nor as an aooeptano
Contractor of any of hi s of the work or the release of the
s responsibility under the contract..
Payment
executed of estimates may be withheld if the work -is not being
in of
with the specifications and contract.
60 Pin2L_-10osZf Lnoe a
Mienever the improvement provided far by the co ntraot
hava been completely perfo shall
rmed on the part of the Contractor, the
Contractor shall notify the Engineer that
for final the improvement is ready
inspection. The Engineer will then make such final in-
spection, and if the vrork.is satisfactory. and in acoordanoe with"the
sPecit'iost`iohs and contract he will give
Of aeoepta.noe a the Contractor a oertifinate
79 YJ naX Pavuent
Whenever the improvement provided for by the contract shall
have been completely performed on the part of the Contractor as
evidenced by-the Engineer in the Certificate of Aooeptancey a final
estimate showing the value of the work will be. prepared by the
Engineer as soon as the necessary measurements and Qomputations can
be made. '
All prior estimates
subject upon which payments have been made are
to necessary corrections or revisions in the final payment.
The amount of this final estimate, less any sums that have
been deducted or retained under the provisions of the c ontraot, will
be paid the oontraotor within thirty (34) days after final acceptance,
j'l- W.ided the Contractor has furnished to the City satisfactory -
etiidence that all sums of money due for any labor, materials,
app )aratus, .fixtures or machinery furnished for and used in the
Proaacution of the work; or that the person or persons to whom
the Uame may respectively be due have consented to such final
Payment.
The acceptance by the Contractor of the last payment
as aforesaid shall - operate as, and shall be a release to the
City from all claims or liability under the contract for anything
done. or furnished, or relating to the work under the contract,
or or any act or neglect of said City relating to- or connented
with the contract.
Corpus Christi, Texas
194
TO THE 19211BERS OF TFE3 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 necessity exist for the suspension of 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 meet-
ings of the City Council; 'T, therefore, hereby request that
you suspend such Charter rule or requirement and pass this
Ordinance finally on the date it is introduced, or et the
present meeting of the City Council.
Respectfully,
The Charter rule was suspended (/h. following - :vote:
A. C. McCaughan
Z2 :
Joe. 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
�.
I - �' --L�'c