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HomeMy WebLinkAbout01778 ORD - 02/01/1945AN ORDINANCE ACCEPTING T,- BID OF SAN ANTONIO MACHINE A'TD SUPPLY COMPANY AVD AUTHORIZING AND DIRECTING THE MAYOR. AND CITY 001.7ROLLEP. OF THE CITY OF CORPUS CHRISTI TO EXEC =, FOR AND ON BEHAIs OF T:IE CITY CF CORPUS C`IRISTI, AN AGRED:TNT BY AIM BETWEEN THE =Y OF CORPUS CHRISTI AND 8A ^N ANTONIO MACHINE AND SUP- PLY COMPAP! FOR T--1E SALE ARID PURCHASE OF ONE DIESEL ENGINE DRIVEN GE.NL'PATOR AND EXCITER WITH NECESSARY APPURTENANCES, AND FURNISHING AIND ERECTING ONE SFITCHBOARD AT TP..E CAIJLLTN WATER PLANT OF THE CITY OF CORPUS CHRISTI, T .TkS; AND DF,CLiLPING AN M,".ERGENCY. WHEREAS, the City Council of t1- City of Corp.A Christi, Texas, has duly determined the necessity for the hereinafter 3oe- cribed diesel engine driven generator and erpiter and switchboard at the City Water Plant at Calalle n, Texas, and has advertised *ids for the length o: time and I'm the manner required by lsr cn the same, and has received bide on said engine and switchbcord; and, W?=ZEAS, the bid of San Antonio Machine & Supply Company was the lowost and met advantageous bid received; NON, THEREFCRZ. BE IT ORDAINED BY THE CITY COi:NC11, CF =m CITY OF CORPUS CHRISTI, TEXASs SECTION 1. That it is herehy determined that the bid of San Antonio Machine & Supply Company for the furnishing of one diesel er.eins driven gsnerator and exciter with necessary appurten- ances, and furnishing an. erecting one ewitahboerd at the Calsllan Water Plant of the City of Corpus CNsisti, Texas, is th? lowest and most advantageous bid for the City of Corpus Christi, and the bid of San Antonio Machine L Supply Company is hereby accepted. SECTION 2. That the Mayor and City Controller of the City of Corpus Christi be, and they are hereby, authorized and directed to execute, for and on behalf of the City of Corpus Christi, an agreement by and between the City of Corpus Christi and San Antonic Lachine W Supply Company, for the flxr-• nishing of said engines and switchboard, a copy of which said agreement is attached hereto and made a part hereof and reads as follows, to-wits P R O P ©S 8 8 January 27, 1945 For furnishing one diesel engine driven generator and appurtenances for the City of Corpus Christi Water Department. Bids to be received up to 10400 A.M., January 27, 1945, at the office of the City Secretary. TO., HONORABLE MAYOR & CITY COUNCIL CORPUS CHRISTI. TEXAS Gentlemen. Pursuant to the advertisement for bids and the specifications attached, the undersigned Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools, and materials, and to complete all the work upon which he bids, as provided by the specifi- cations, and binds himself on acceptance of his proposal to execute a contract and bond in 100 percent of his bid price, for performing and completing the said work within the time stated, with standard manufacturers guarantee, for the following price, to -wit: ITEM For furnishing one diesel engine driven generator and exciter. com- pletely erected and in operating condition, with the necessary air compressor and other appurtenances, furnishing and erecting one switch- board, at the Calallen Water Plant of the City of Corpus Christi; un- loading, hauling, construction of foundation, and piping to be fur- nished by Owner, all in accordance with the specifications therefor$ for the sum of WRITTEN PRICE FIGURES Thirty Thousand Forty- Seven and no(100 Dollars $30.047.00 The undersigned Bidder agrees to commence work within _750 days after the date of execution of contract and obtaining of priorities} and to substantially complete the work on which he has bid within 30 working days thereafter. Enclosed with this Proposal is a Cashiers, or Certified Check for five (5) percent of the amount of the bid. or a Proposal Bond in the sum of: TWO THOUSAND AND NO 1100 - .- ===_=_ - - - ..Dollars ($ 2,000-00 �, STANDARD FORM OF AGREEMENT as adopted by THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS STATE OF TEXAS, COUNTY OF KnCBS THIS AGREEMENT, made and entered into this day of rrYu A. Y^ A. D. 194 5 by and between The City of Corpus Chri i of the County of ;t Mueces _ and State of Texas, actinC t_r,ou.h The Mayor thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and San Antonio Machine &9upply Company x Corpus Christi of the City of County of Musces and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER),. and under the con- ditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Furnishing one diesel engine driven generator and exciter with necessary appurtenances, and furnishing and erecting one switchboard at the Calallen Water Plant of the City of Corpus Christi* Texas and all extra work in connection therewith, under the terms WR- � which it is agreed shall be collected and retained by the OWNER as liquidated damages in the event this proposal is accepted by the OWNERwithin twenty (20) days after the date advertised for the reception of bids and the undersigned fails to execute the contract and the required bond with the OWNER, under the conditions hereof, within ten (10) days after the date said proposal is ac- cepted; otherwise said check or bond shall be returned to the undersigned upon demand. The undersigned acknowledges receipt of specifications and instructions to bidders. SAN ANTONIO MACHINE & SUPPLY CO. ls/ A. J. Krueger Contractor 102 S. CHAPARRAL CORPUS CHRISTI. TEXAS Address Cover any variations from the specifications by a separate letter attached to the proposal. as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superinten- dence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, and in accordance with the Plans, which includes all maps, plats, blue prints and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by X73RS & NOYES. Consulting Civil Engineers herein entitled the ENGINEER, each of which has been identified by the endorsement of the CONTRACTOR and the ENGINEER thereon, together with the CONTRACTOR'S written Proposal., the General Conditions of the Agreement, and the Construction Bond hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. fear (a-) The CONTRACTOR hereby agrees to commence work within ,v SG, Y days after the date written notice to do so shall have been given to him, and to substantially complete same within /8e working days after the ,',ate of the written notice to commence work. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the Proposal submitted therefor,,subject to additions and deduc- tions, as provided in the General Conditions of the Agreement, and to make payments on account thereof as provided therein. IN WITNESS WHEREOF, The parties to these presents have executed this Agreement in quadruplicate in the year and day first above written. CO ITERSIGNED: CITY OF COMS CHRISTI p City Controller Dy. Var y by ythe First Part l(OPJNER) ATTEST: i y Secretary SAN ANTONIO MACHINE & SUPPLY COMPANY APPROVED AS TO ILGAL ARM: --- 6"7iy_- Qlme y Party o e Second Part (CONTRACTOR) ATTEST: ecre ary :•u. STATE OF TEXAS COUNTY OF EitTFM as KNOW ALL MEN BY THESE PRESENTS: That we, ben Antonio - • Machine & Supply Company of the City of Corpus • Christi , County of Nueces • and State of Texas , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the 01t,y of Corpus Christi , and to the sub- contrac- (Owner) tors, workmen, laborers, mechanics and furnishers of material, as their interest may appear, all of whom shall have the right to sue upon'.this bond, in the penal sum of Thirty Thousand lforty Seven and no /1'00 Dollars ( 30,047.00 ) Dollars, lawful currency -:of the United States of America, for.the payment of which, well and truly to be made, we do hereby bond ourselves, our heirs, executors, administrators, and successors, jointly and severally and firmly by these presents: THE CONDITION OF THIS BOND IS SUCH THAT -- WHEREAS, The * above bounden San Antonio Machine i Supply Company has on (Contractor) r the diay of %r&- (A- a- r- 4 19 �4d , entered into I: a contract with the City of Co Ms Christiy Tease Owner for furnishing all materials, equipment, labor, supervision and other accessories necessary for the construction of certain improvements, as more particularly designated in said :gi,eement and Specifications hereto attached. Note: The above is the Statutory Bond for public work in the State of Texas. For private work, use Statutory Bond for same in place of,the above. NOW, THEREFORE, If the above bounden Sea Antoalo Machine Contractor �p 7 Company shall and will faithfully perform said Agreement, and shall and will in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and 3, covenanted by the said _Sea Aatoaio llachiae & Supply Co (Contractor) to be observed and performed, and according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed, and as well during any period of extension of said contract that may be granted on the part of the City of Corpus Christi, Tesas , as during the Owner original term of same, and.shall well and truly pay all sub- contractors, workmen, laborers, mechanics and furnishers of material all moneys to them owing by said San Antonio Machine * & Supply Company for, sub - contracts, work, Contractor labor and material done and furnished for the construction of such improvements for the City of Corpus Christi (Owner) then this obligation shall be and become null and void; other- wise to remain in full force and effect. IN WITNESS WHEREOF, The said San Antoaio Machine & supply Contractor Compag9 has hereunto set his hand, and the said surety has caused these presents to be executed by its duly authorized agent and officer, an its corporate seal to be hereunto affixed at /' /mil, on this the day of 7re rrGftt 19 7 SAN ANTONIO MACHINE & SWIT COMPANY CONTRACTOR By: ATTEST: Its esi ent Secretary SURETIES GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER. Whenever the word OWNER, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City ;f of Corpse Christi, Texas 2. CONTRACTOR. Whenever the work CONTRACTOR, or tie expression Party of the Second Part, or Second Party, is used, is shall be understood to mean the person, persons, co-partner- ship or corporation, to -wit: San Antonio Machine & Smpply Company who ha agreed to perform the work embraced in this contract, or to his or their legal representatives. 3. ENGINEER. Whenever tie word ENGINEER is used in this contract, it shall be understood as referring to Myers & Noyes. Consulting Civil Zmgineers ENGINEER of the OWNER, or such other ENGINEER, supervisor or inspector as may be authorized by said OWNER to act in any particular. 4. INTERPRETATION OF PHRASES. Whenever the words "Directed ", "Required ", "Permitted ", "Designated ", "Considered Necessary ",, ".Pr.escribed ", or words of like- import -are used, it shall be understood that the direction, requirement, per- mission, order, designation or prescription, etc., of the ENGINEER is intended; and, similarly, the words "approval," "acceptable ", "Satisfactory ", or words of like import shall mean approved by or acceptable or satisfactory to the ENGINEER. Whenever in the specifications or drawings accompanying this Agreement, the terms or description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgement, then, in all such cases, any question of the fulfillment of said specifications shall be decided by the ENGINEER, and said work shall be done in accordance .,Tith his interpretations of the meaning of the words, terms or clauses defining the character of the work. 5. EXHIBITS. All work shall be done and all materials furnished in strict conformity with the appended to Contractors), marked "Exhibit A" " to Bidders ", m , osa ", marked "Exhibit C ", s , marked "Ex i d specifications all of ..which are hereto attached (or considered as if attached) and are hereby made a part of this contract. 6. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The CONTRACTOR shall be furnished with gse ®sa, copies of all plans, profiles and specifications without expense to him, and shall keep one copy of the same constantly accessible on the work. 7. RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein con- tracted for are to be constructed or installed, by such agent or agents as it may elect, for the purpose of supervising and inspecting the work, or fqr the purpose of constructing or installing such collateral work as said OWNER may desire. 8. QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual length, area, solid contents, number and weight only shall be con- sidered, unless otherwise specifically provided. 9. LINES AND GRADES. All lines and grades shall be furnished by the ENGINEER. Whenever necessary, work shall be suspended to permit of this work, but such suspension will be as brief as practicable and the CONTRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR shall give the ENGINEER ample notice of the time and place where lines and grades will be needed. Allstakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced by the ENGINEER at the . CONTRACTOR'S expense. 10. SUPERINTENDENCE AND INSPECTION. It is agreed by the CONTRACTOR that the OWNER shall be and is hereby authorized to appoint from time to time such ENGINEERS, supervisors or inspectors as the said OWNER may deem proper, to inspect the material furnished and the work done under this Agreement, and to see that the said material is furnished, and said work is done in accordance with the specifications therefor. The CONTRACTOR shall furnish all reasonable aid and assistance required by the ENGINEERS, supervisors or inspectors for the proper inspection and examination of the work and all parts of the same. The CONTRACTOR shall regard and obey the direc- tions and instructions of any ENGINEERS, supervisors or inspectors so appointed, when the same are consistent with the obligations of this Agreement and the accompanying speci- fications, provided, however, should the CONTRACTOR object to any order by any subordinate engineer, supervisor or inspector, the CONTRACTOR may within six (6) days make written appeal to the ENGINEER for his decision. 11. DISCREPANCIES and OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the plans and specifications, or other- wise, or in the event of any doubt as to the meaning and intent of any portion of the contract, specifications or plans, the ENGINEER shall define which is intended to apply to the work. 12. COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work that is not included in this contract, in such manner as not to delay its progress or damage said CONTRACTOR. 13. DAMAGES. In the event the CONTRACTOR is damaged in the course of the completion of the work by the act, neglect, omission, mistake or default of the OWNER or of the ENGINEER or of any other contractor mployed by the OWNER upon the work, thereby causing loss to the.CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or, should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job, so as to cause, loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss.' 14. LOSSES FROM NATURAL CAUSES. All loss or damage arising out of the nature of the work to be done, or from the action of the elements, or from any unforseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the CONTRACTOR at his own cost and expense. IS. ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. The estimated quantities of the various classes of work to be done and material to. be furnished under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that the basis for payment under this contract shall be the actual amount of such work done and the material furnished. The CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and con- tained in the proposal; .provided, however, that in case the actual quantity of any item should become as much as 25% more than, or 25, less than, the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 25% of the estimated quantity; such revised consideration to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under EXTRA WORK. 16. CHANGES and ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated,:or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or' alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid for according -to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recom- pense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 17. EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S Proposal, except as provided under Changes and Alterations in Paragraph 16 herein above. It is agreed that the CONTRACTOR shall perform all Extra Work under the direction of the ENGINEER when presented with a Written Work Order signed by the Engineer; subject, however, to the right of the CONTRACTOR to require a written confirmation of such Extra Work Order by the OWNER. It is also agreed that the compensation to be paid the CONTRACTOR for performing said Extra Work shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15Z) per cent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually . employed or used on such Extra Work, plus actual transportation charges necessarily incurred, if the kind of equipment or machinery be not already on the job, together with all power, fuel, lubrcants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, and, a rateable proportion of premiums on Construction and Maintenance Bonds, Public Liability and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the ENGINEER or OWNER, or by them agreed to. The ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used, otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using an a9T89d percentage of the latest schedule of Equipment Ownership Expense adopted by t.,: Associated General Contractors of America. Where practi.c +able the terms and prices for the use of machinery and equi ,t_e•it shall be incorporated in the Written Extra Work Order. Tt;e fifteen (15%) per cent of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead,_ general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as hereincbfined, save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost ". No claim for Extra work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation, he shall make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate .account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to arbi- tration, as hereinbelow provided. 18. PRELIMINARY APPROVAL. No ENGINEER, supervisor, or inspector shall have any power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of any ENGINEER, supervisor or inspector to condemn any defective work or material shall release the CONTRACTOP from the obligations to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work, or material; provided, however, that the ENGINEER, his assistant or inspector, shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the ENGINEER, his assistant or inspector, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet Ue specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the ENGINEER, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re- examination and replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER. 19. DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the ground for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 20. TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, plans and specifications and within the time of completion hereafter designated; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner ..of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR further agrees that he will commence work within ten (10) days after the date written notice to do so shall have been given to the CONTRACTOR, and will pro- gress therewith so that the work shall be substantially com- pleted in accordance with the terms of this Agreement within '360- 4o„,,,. working days after the date of the written notice to commence the work. A "working day-, is defined as a calendar day, not including Sundays or any legal holidays, in which weather or other conditions, not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a continuous period of not less than seven (7) hours between 7:00 a.m, and 6:00 p.m. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 21• EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other Contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fire, and unusual delays by common carriers, and unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the ENGINEER; provided., however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing of the cause of such delay. 22. HINDRANCES AND DELAYS. No charge shall be made by the CONTRACTOR for hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OV.N7R, then such expense as in the judgment of the ENGINEER is caused by such stopping of said work shall be paid by the OWNER to the CONTRACTOR. 23. PRICE FOR WORK. In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the OWNER agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, marked "Exhibit C", which has been made a part of this "contract. And the CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications and requirements -of the ENGINEER. 24• PARTIAL PAYMENTS. On or before the 6th day of each month the Engineer shal prepare a statement showing as com- pletely as practicable the total value of work done by the Contractor up to and including the last day of the preceeding month; said statement shall also include the value of all sound materials delivered on the ground that are to be fabricated into the work. The OWNER shall then pay the CONTRACTOR on or before the 10th day of the current month the total amount of the ENGINEER'S statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less all previous payments, and further less all further sums that may be retained by the OWNER under the terms of this agreement. It is understood, however; that in case the whole work be near to completion and some unexpected and unusual delay occur due to no fault or neglect on the part of the CONTRACTOR, the OWNE$ may -- upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or, the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated in paragraph 26 hereof. 25. FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given the ENGINEER written notice that the work has been completed, or substantially completed, the ENGINEER and the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Plans and Specifications, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion and thereupon it shall be the duty of the OWNER within said ten (10) days, to issue a Certificate of Acceptance of the work to the CONTRACTOR. 26. FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGINEER shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of this Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on or before the 15th day after the date of the Certificate of Completion the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. . 27. DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR of the sum named in any partial or final statement, when payment -is due, or should the ENGINEER fail to issue any statement on or before the date above provided, then the OWNER shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest thereon at the rate of eight (8%.) per cent per annum from date due as provided in Paragraphs 24 and 26, until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right is expressly reserved to the CONTRACTOR in the event payments be not promptly made, as provided in paragraph 24, to at any time thereafter treat the contract as abandoned by the OWNER and recover compensation, as provided by paragraph 45 of this contract. 28. ENGINEER'S AUTHORITY AND DUTY. It is mutually agreed between the parties to this Agreement that the ENGINEER shall supervise all work included herein. In order to prevent delays and disputes and to discourage litigation, it is fur- ther agreed by and between the parties to this contract, that if it cannot be otherwise agreed, the ENGINEER shall in all cases determine the amounts and quantities of the several kinds of work, which are to be paid for under this contract, and he shall determine all questions in relation to said work and the construction thereof, and he shall in all cases decide every question which may arise relative to the execution of this contract on the part of said CONTRACTOR, that his estimates and findings shall be the conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the CONTRACTOR to receive any money under this contract; provided, however, that should the ENGINEER render any decision or give any direction which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said ENGINEER within thirty (10) days his written objection to the decision or direction so` rendered, and by such action may reserve the right to submit the question so raised to arbitration as herein provided. It being the intent of this agreement that there shall be no delay in the execution of the work, and the decision or directions of the ENGINEER as rendered, shall be promptly carried out, and any claim arising therefrom shall be there- after adjusted by arbitration as hereinafter provided. The ENGINEER shall, within a reasonable time, render and deliver to both the OWNER and the CONTRACTOR a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the ENGINEER fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 29. CONTRACTOR'S DUTY. The CONTRACTOR shall give per- sonal attention to the faithful prosecution and completion of this work and shall be present either in person or by duly authorized representative on the site of the work continually during its progress. He shall maintain an office on or adjacent to the site of the work. 30. CONTRACTOR'S AGENT. The CONTRACTOR during his absence from the work shall keep a competent superintendent or foreman upon the work, fully authorized to act for him in his absence, and to receive such orders as may be given for the proper continuance of the work. Notice to do any work, to alter work, to cease work which the CONTRACTOR is obligated to do;or concerning any imperfections in work or any material furnished when given to any foreman or agent of the CONTRACTOR in charge of any operation of the work in the absence of the CONTRACTOR shall be considered as notice to the CONTRACTOR, provided any notice given under this paragraph shall be in writing. 31. CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only—orderly, competent and skillful men-to do the work; and that whenever the ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the same without the ENGINEER'S written consent. 32. CONSTRUCTION PLANT. The CONTRACTOR shall provide all labor, tools, equipment, machinery and material necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that the OWNER shall furnish the same, and it is also understood that the OWNER shall not be held responsible for the care, preservation, conservation or protection of any material, tools or machinery or any part of the work until it is finally com- pleted and accepted. 33. RIGHT OF ENGINEER TO MODIFY METHODS AND EQUIPMENT. If at any time the methods or equipment used by the CONTRACTOR are found to be inadequate to secure the quality of work or the rate of progress required under this contract, the ENGINEER may order the CONTRACTOR in writing to increase their safety or improve their character and efficiency, and the CONTRACTOR shall comply with such order. If at any time the working force of the CONTRACTOR is inadequate for securing the progress herein specified, the CONTRACTOR shall, if so ordered in writing increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 34. SAN!TkT_ION_. Necessary sanitary conveniences for the use of labore s on the work, properly secluded from public observation, stall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. 35. CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. 36. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall maintain such insurance as will protect the Contractor, the Owner, and the Engineer from claims under Workmen's Compensation Acts, and any amendments thereof, and from any other claims for damages from personal injury, including death, which may arise from operations under this Agreement, whether such operations be by himself or by any sub- contractor, or anyone directly or indirectly employed by either of them. Certificate of such insurance shall be filed with the OWNER, if so required, and shall be subject to his approval for adequacy of protection. 37. PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, or which might be injured or seriously affected by any process of construction, to be undertaken under this Agreement, for any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. 38. PROTECTION AGAINST CLAIMS OF SUB - CONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, E,UIPP.RENT AND SUPPLIES. The CONTRACTOR agrees that he will in;emnify and save the OWNER harmless from all claims growing out of the lawful demands of sub - contractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power, tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails so to do, then the OWNER may at the option of the CONTRACTOR either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the OWNER to either the CONTRACTOR or his SURETY. 39. PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall protect and save harmless the OWNER from all and every demand for damages, royalties or fees on any patented invention used by him in connection with the work done or material furnished under this contract; provided, however, that if any patented material, machinery, appliance or invention is clearly specified in this contract, then, and in that event, the cost of procuring the rights of use and the legal release or indemnity shall be borne and paid by the OWNER, unless such cost can be determined and included in the bid price at the time the proposal is submitted. 40. LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harm- less the OWNER against any claim arising from the violation of any such laws and ordinances, whether by the CONTRACTOR or his employees. In case the OWNER is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which, the OWNER may enter into contract, shall be controlling, and shall be considered as part of this Contract, to the same effect as though embodied herein. ` " '41. LIQUIDATED DAMAGES FOR DELAY. And the CONTRA OR agreesNhat time is of the essence of this contract, nd that for each°4ay of delay beyond the number of working ays herein agreed upon for the completion of the wor erein specified anti contracted for (after due allowa e for such extension of tUie as is provided for under E ension of Time hereinabove), th`b, OWNER may withhold perma ntly from the CONTRACTOR'S total` compensation, the sum f Dollars ( ) stip ated liquidated damages for such delay. \ 42. RECIPROCAL REWARD, -`OR tCLAYED OR EARLY COMPLETION. Time for coVTimell, s o the ess %n.m f this contract, by reason wherc' orcally ied: (a) For each day of delay in beyond the r of worki ng days herein agreer completion of the work (after allowance for "Extense", as provided for 'Inn paragraph 21 hereof), the all withhold from the L.QNTRACTOR'S compensatioaid the sum of ` "Dollars ($ z _), which shall be applied as liqu dated da ges; b In case the work be completed in fewer da the number agreed on for completion; then, for e g4h-'day so sav e OVVNER shall pay to the CONTRACTOR,,tha -sum of Dollars ( ). which shall e add ed to LYfe other compensation payable her 43,-AMSIGNMENT AND SUBLETTING. The CONTRACTOR further es that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, nor sublet said contract without the written consent of the OWNER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. Tire CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the perform- ance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. 44. ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER, or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER, when such orders are consistent with this Contract, or with this Agreement, or with the Specifications hereto attached, then, and in that case, the Surety on the bond shall be.notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the SURETY on the construction bond, or another contractor, in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefor, (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 17, Extra Work); it being under- stood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may rrovide for completion of the work in either of t!ie following elective manners: (a) The OWNER may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and the expenses so charged shall be deducted and paid by the OWNER out of such moneys as-may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement, In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and /or his SURETY shall pay the amount of such excess to the OWNER: or: (b) The OWNER under sealed bids, after five (5) days notice published one or more times in a newspaper having a general circulation in the county of the location of the work, may'let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the SURETY shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and /or his SURETY shall be credited therewith. Guhen the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 25 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and /or his Surety, or the 04NER, as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of account's shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and /or his Surety shall pay the balance shown to be due by il_.em to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the CONTRACTOR and /or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and /or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the work, and belong to persons other than the CONTRACTOR, or his Surety, to their proper OWNERS. 45. ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the ground that have not been included in pay- ments to the CONTRACTOR and have not been wrought into the work. And thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR at the prices stated in the attached Proposal, (Exhibit C), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all pre- vious payments by the OWNER and all other sums that may be retained by-the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notifi- cation by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR, under the terms of this Agreement. 46, BOND. It is further agreed by the parties to this contract = the CONTRACTOR will execute a bond in the sum of Thirty Thousand and forty -seven Dollars ($ 30047.00 ) for the satis- factory ory per ormance of the work in actor ante with this con- tract in the form provided for this purpose, and it is agreed that this contract shall not be in effect until such bond is furnished and approved by the OWNER. 47. TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the ENGINEER within a reasonable time after the ENGINEER has given any direction, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply to such written exceptions by the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR should appeal from the ENGINEER'S decision, any demand for arbitra- tion shall be filed with the ENGINEER and the OWNER in writing within ten (10) days after the date of the ENGINEER'S final decision. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, 48. ADEQUACY OF DESIGN. It is understood that the OWNER has selected the ENGINEER named in this Agreement to prepare the plans and specifications, and all Supplements thereto; and agreed that the OWNER will be responsible for the adequacy of the design, sufficiency of the, plans and specifications, and the safety of the structure, provided the CONTRACTOR has complied with said plans and specifications, all modifications thereof, and additions and alterations thereto, approved by the ENGINEER. The burden of proof shall'be upon the CONTRACTOR to show that he has complied with this contract, said plans, specifications, and all modifications thereof, and all additions and alterations thereto. }a 49. ARBITRATION. All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three; one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within' ten (10) days, he shall be chosen by the County,Tudge of Nueces County Should the party demanding arbitration fail to name ah arbiter within ten (10) days of the demand,.his right to arbitrate shall lapse, and the decision of the ENGINEER shall be final and binding on him. 'Should the other party fail to choose an arbiter within ten (10) days, the ENGINEER shall appoi:.t such arbiter, Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing,, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any question submitted to to an right of a al action. he decision of the arbiter or arbiters may be fi ed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon -either or both parties. The award of the arbiters must be made in writing, and shall not be open to objection on account of the form of proceedings or award. 1F' -. DIESEL GENERATOR• The equipment to be furnished consists of one diesel operated engine, direct connected to a 400 KW generator with the necessary equipment to make a complete generating plant. This engine and generator is to be erected in the Pump House at Calallen and to be used as stand -by power for operating the pumps. All equipment and workmanship shall conform with standard National Codes. The Owner will do all unloading, hauling, and setting on foundations, will construct the foundations and will furnish pipe and install same. Panel Board Connections: The Contractor shall do all wiring. He shall visit the site of the work and examine the problem involved to the end that all wiring and dis- tribution shall operate as desired. Bidders shall submit complete specifications on all equipment which they propose to furnish. Eneine Specifications. R.P.M.: To not exceed 520 R.P.M. Type of Ignition: Full Diesel - Compression. Fuel Oil Filter: Standard Make. Instruments. On gauge board; thermos- couples. Pyrometers. Fuel Oil Transfer Pumps: One electric motor driven or built in. Thermometers: For lubricating oil and one water thermometer on each cylinder. Foundation Bolts: To be furnished. Manual Relief Valves: To be furnished. Tools and Spares: Manufacturer's standard list to be furnished. Governor: To be Manufacturer's standard. Air Starting Distributor. Built in with valve on each cylinder. Cylinder Head Covers. Individual. Operating Platform. With hand rail and stairs. Automatic alarm system: Manufacturer's standard. Erection Service: To be furnished. Mufflers; Burgess or Maxim, complete. Air Filter: Burgess or American Type O.C.H. Water Circulating Pumps: Manufacturer's standard. Heat Exchanger: Schutte- Koertiag, Ross, or equal. Engine: Cooling water coatrol valves for each cylinder. Cylinder Head Gaskets: One extra set. Air Starting Equipment. One 10 H.P. motor driven and two 30" x 96" air tanks. Fuel Oil Day Storage Tanks; One 300 gal. (Underwriters Specifications), Equipped with gauge. valves, etc. General Specifications for Ese:ines; Engines in general shall conform with the following specifications; Engine Frames• Engine frames shall be of the enclosed dust -proof type of heavy, rigid construction with easily removable oil tight cover plates over large size repair and inspection openings. Heavy transperse ribs shall be provided be- tween each crank to support the -main bearings and crankshaft. Crankshafts' The crankshaft shall be of a size to provide a liberal margin of safety against any abnormal strains. Cvlinders: Cylinders may be cast individually or in one block. if cast in block cylinder liners of the removable type shall be provided for each cylinder for easy replacement and shall be suitably sealed at top and bottom. Piston Pia Bearings: Piston pin bearings shall be of the conventional bronze bushing type. Pistons• Pistons shall be of the trunk type, made of close grained cast iron, long in proportion to diameter with sufficient compression and oil control rings to give maximum efficiency. Lubricating System: The lubricating system for each engine shall be of the self- contained type and fully automatic in operation. 2rpv1sion shall be made for a con=- < tinuous filtering of the oil for each engine, using a Honaa. -Crane Oil Heti claimer, No. 1424 or equal; this oil reclaimer to be equipped to handle the type of lubricating oil recommended by the engine manufacturer. .A constant pressure system of lubrication will be preferred. Safety Control Ecuipment: Each engine shall be equipped with a safety control which will, in the event of the failure of the cooling water system, or failure of the lubri- cating oil system, immediately act in operating an automatic shutdown system. Over -speed safety stops shall be provided. Critical Speeds• Each engine and generator shall be engineered and designed as a com- 9t plete unit and is to be free from all harmful critical speeds and torsional vibrations within the operating range of speed and capacity. Any such critical speeds or torsional vibrations deemed objectionable by the pur- chaser will be sufficient cause for the rejection of the equipment. belief Valves: _ Sach engine shall be equipped with a back -fire relief valve, gas fuel expansion tank, with regulating valves, etc. Spare Parts: The manufacturer shall furnish an extra complete set of spark plugs .and any npoessary special tools. The manufacturer shall state his guaranteed fuel consumption. 97.1 ratings and data shall conform with the National Diesel Engine Association Standards. Auxiliary Eouinment• Exhaust Silencers., Exhaust silencers shall be "Burgess" or "Maxim" Of a size and type recommended by the manufacturer of such equipment, with the approval of the engine builder. Air Filters. Each engine shall be provided with a standard air filter, "American Air Filter ", Type No. 4 0.O.H. (Bulletin No. 120,D -Feb., 1942), with weather louvres. These filters shall be mounted as shown on the plane. There shall be supplied one set of air filter cleaning equipment, con- sisting of one spare cell, one "Type AA" washing and charging tank, 10 gallons "Viscosine" charging liquid, Alarm System. In lieu of automatic shut -down for engine, an automatic alarm X11 be provided. GENERATOR: Alternator and Exciter, The electric generator capacity 400 KW to be furnished shell be of the engine type for direct connection to Diesel engines and shall be for 3 phase, 60 cycle, x80 volt altercating current. The alternating current generator shall have a kildwatt hour rating at .8 power factor which will absorb the full rating of itis Diesel engine and shall have a speed to correspond to-the speed of its engine. A V-belt driven direct durrent exciter of sufficient capacity to produce the required excitation shall be provided. Temperature rise to not exceed 500 centigrade. Extension Shaft: The engine shall be furnished with a forged steel extension for mounting the alternating current generator revolving field and with suitable outboard bearings of the ring oiled heavy duty type. GffidBR emOR PANEW Scopet These specifications are intended to describe a complete panel board to control a 400 Kw, 80% Power - factor, 60 cycle, 480 volt, 3 phase Generator with Diesel Engine prime mover. The line to line voltage and the line current for each phase shall be measurable. The frequency in cycles per second shall be indicated; the kilowatt hours output of the generator shall be registered; the generator shall be protected from overload; and the voltage shall be automatically controlled. The main pieces of apparatus are listed in another paragraph, these and all necessary parts and wiring usually furnished with a panel of this kind shall be included with this panel. The field rheostats and field discharge resistor are to be furnished by the generator manufacturer. Tyne of Panel& This panel shall be for an isolated installation, and it shall not in.. corporate any feeder panels. It shall be tied into the existing distribu- tion panel through a 480 volt, three blade double throw safety Switch (of proper size to transmit the full existing load at present incoming to the existing main panell furnished and installed by the electrical contractor). In the normal position, the safety switch shall connect the distribution panel to the incoming power supply. In the other position, the safety switch shall connect the distribution panel to the Stand -by generator panel. The panel shall be of the dead -front type and constructed of oae- eighth (1 /8) inch steel plate with angle sections formed at the top and bot- tom and channel sections at the sides. The panel shall be finished dull black with a heavy coating of durable material. Floor braces with provi- sions for bolting the panel to the floor shall be provided. The dimensions shall be approximateljr 78 inches in height and 24 inches in width. Assembly& This panel shall be supplied complete with incoming and outgoing cable terminals for 600 amp capacity and with copper connections between the switch and the current transformer. No bus is contemplated. Equipment& This equipment shall be Westinghouse as described in D.D. 31-133 or ap- proved equal. The following equipment shall be furnished with this panel& (1) Type A B De -ion air circuit breaker with over -load elements* 600 amp. capacity. (2) One A. C. Ammeter type R X,35 -with suitable scaled (3) One three phase ammeter switch. (4 One A. G. voltmeter type 8 %r 35 with suitable scale. (5 One three phase Voltmeter switch. 6 'Three ground detector lamp re6eptacles and push button switch for 480 volt panel. (7) One field Ammeter type 8 Xr- 35 with suitable scale. (8) One field switch, two pole, rear mounted with handle on front of panel. (9) Two current transformers. (10 Two potential transformers with fuses. (11 One type 0 B watthour meter with test switches and plugs, and any equipment necessary in addition to above for its operation on a 480 volt panel. (12) Drilling only - for rheostat handwheels (specifications for rheostat mounting to be furnished by the Generator Manufacturer) . (13) One governor motor control switch. (14) One card holder, mounted above breaker. (15) One type H Y frequency meter. (16 One Generator Voltage regulator for automatic voltage control (Generator and exciter data to be furnished by Generator Manufacturer). Sketches and Diagrams, Before beginning assembly, the manufacturer shall submit to the en- gineer a front and side elevation drawing of the panel, giving dimensions and showing the locations of the various pieces of apparatus. A wiring diagram shall be furnished with the completed panel. ELECTRICAL W08&: All electric work shall be installed complete and ready to operate, and in strict accordance with the rules, regulations, and the electric code of the City of Corpus Christi, Texas, and shall conform with regulations of the local power company. All necessary cutting in the walls and floors shall be neatly and cars- fully done and repaired in an approved manner. Conduit: All conduit installed from panel level up shall be thin wall steel tube with water tight connections. All other wiring shall be installed in heavy wall threaded galvanized conduit. Threads shall be painted with red lead and linseed oil. Conduit shall be properly reamed, formed and installed in a neat and workmanlike manner. Wiring in dampplaces, underground or in concrete slabs on fill to be lead covered. Proposed electrical work shall be carefully examined on the ground in order that no misunderstanding may arise as to the amount of work to be done. It is the intention of these specifications that the contractor shall furnish electrical work, complete, including all labor and materials in place ready to operate. SECTION 3. There '_s hereby approordated out of "Fund No. 104-Water Revenue Fund" the sum of Thirty Thousand Forty - Seven and No/100 ($30,047.00) Dollars to pay, for said engines, generator, switchboard and appurtenances. SECTION 4. The fact that it is essential to the heelth and public welfare of the citizens of the City of Corpus Christi that the city be assured of an adequate water supply at all times and that the said diesel engine driven generator and switch- board and other appm-tenmces provided for in said agreement will be of greet aid it providing the citizens of Corpus Christi with an adequate water supply and there is a pressing and Lrperetive reed for the installation of the same at the Cale.11an Water Plant" creates a public emergency and irperstive public necessity re- qu'_ring the suspension of the Charter rule or requirement that no Ordinance or Resolution be passed finally on the date of its introduction and that said Ordinance or Resolution shall be reed at three several meetings of the City Council, and the Meyer, In suiting, having declared thr.t said public emergency and imperstiva necessity exist, and having requested that such Chertar rule be suspended, and thet this Ordinance be passed finally on the date of its introduction, and take effect and be in full force end effect from and after its passage, IT IS SO ORDAINED. PASSED AND APPROVED this L day of Februery, A. D. 1545. YAY0R, City of Corpus Christi, Texas ATTESTS City Secretary APPROVED AS TO LEGAL FOIWs City Attorney CORPUS CHRISTI, TEXAS FEBRUARY L, 1945 TO THE MEMBERS OF THE CITY COUNCIL OF TEE CITY OF CORPUS CHRISTI Corpus Christi, Texas Ge_^.tlemens For the reasons set forth in the emergency clause of the foregoing Ordinance, a public emergency and an imperative necessity exist for the suspension of the Charter rule or re- quirement 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 Councill 1, therefore, hereby request that you suspend said Charter rule or requirement and pass this Ordinance finally on the date it is introduced, or at the present meeting of the City Council, Respectfully, MAYOR, City of Corpus Christi, Texas The Charter rule was suspended by the following votes A. C. McCaughan Joe. Mirear Ed. P. Williams D. A. Segrest B. G. Moffett The above Ordinance was passed by the following votes A. C. McCaughan Joe. Mireur Ed. P. Williams D. A. Segrost B. G. Moffett