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HomeMy WebLinkAbout02801 ORD - 06/27/19506/22/50 (7) AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH J. M. DELLINGER FOR THE PURPOSE OF IiIPROVING . THOSE CERTAIN PORTIONS CF ALAMEDA, MINNESOTA, LAWNVIEW, TOPEKA, BROWNLEE, ROOSEVELT DRIVE, RAMSEY, CLARK DRIVE, NORTON, NAPLES, LOGAN AVENUE, FLORIDA_ AVENUE, SOUTH STAPLES, SI MENTH, NINETEENTH, ELIZABETH, PRESCOTT, SARITA, AYERS, TARLETON, EDWARDS, MORGAN, COLEMAN AVENUE, MARY, ELEVENTH, SOUTH AZAMEDA, SANTA FE, CRAIG, BUFORD, HANCOCK, MUELLER, BURiSE DRIVE, UP RIVER RD., OAK PARK AVENUE, PEABODY AVENUE, SAM RANKIN, TANCAHUA, CARANCAHUA, BLUCHER, CALDWELL, MESTINA, LEOPARD, WINNEBAGO, TIMON BOULEVARD, AVENUE "C" MORE PARTICU- LARLY DESCRIBED HEREIN BY THE CONSTRUCTION THEREON OF SIDEWALKS, THE CONTRACT PRICE FOR SAID CONSTRUCTION BEING IN THE AMOUNT OF $179,850*00, SUCH AMOUNT TO BE PAID BY ASSESSMENT AGAINST THE ABUTTING PROPERTY OWNERS AND THE CITY QF CORPUS CHRISTI AS PROVIDED IN SAID CON- TRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF FUND No. 296 IMPROVE- MENT BONDS 1950 CONSTRUCTION FUND (STREET IMPROVEMENTS) THE AMOUNT OF $32,945 To COVER THE CITY +S PROPORTIONATE PART OF SUCH COSTS OF CONSTRUCTION PLUS-THE EQUIVALENT OF TEN PER CENT ($17,985) OF SAID CONTRACT PRICE FOR ENGINEERING AND CONTINGENCIES, AND DECLARING AN EM- ERGENCY. WHEREAS, The City Council of the City of Corpus Christi, Texas, did on the 27 day of June , 1950, by duly enacted ordinance, determine the necessity for and ordered the improvement of portions of certain streets within the City of Corpus Christi by the construction of sidewalks along said streets, the portions of said streets within. said City being fully set out and described in said ordinance, which descriptions are here referred to and made a part hereof; and that such improvement was ordered to be made in the manner and according to the plans and specifications hereto- fore approved, and WHEREAS, the duly executed notice of said ordinance having been filed in the name of said City with the Clerk of Nusces County, Texas, on the 27th jay of June , 1950; and WHEREAS, said City Council of the City of Corpus Christi, Texas, having advertised for and received bids on the construction of said improvement for the length of time and in the manner and form �� I as required by the Charter of said City and the laws of the State of Texas; and WHEREAS, the bid of J• M. Dellinger, Inc. was the lowest and most advantageous bid received; and WHEREAS, The Director of Finance has advised this Council that the City Treasurer of the City of Corpus Christi has on de- posit the necessary and proper funds which have not been appro- priated for any other purpose, and which are available for the payment of the Cityts proportionate share of the cost of improve- ment of said portions of said streets and engineering coats and contingencies NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: *TION I. That the City Manager for and on behalf of the City of Corpus .Christi be and he is hereby authorized and directed to execute a contract for the construction of side- walks on and along certain streets as herein described with J. M. Dellinger, Inc., which contract has been awarded said J. M. Dellinger in accordance with plans and specifications and contract documents, which are made a part hereof and attached hereto, and which documents are on file in the office of the City Secretary of the City, and according to the bid of said J. M. Dellinger, Inc. opened on the 6th day of June , 1950, said bid being the most advantageous, and lowest, to the City of Corpus Christi; the contract price for said construction being in the amount of $179,850.00, such amount to be paid by assessment against the abutting property owners and the City of Corpus Christi as pro- vided in said contract. SECTION II. That there is hereby appropriated out of Fund No. 296 Improvement Bonds 1950 Construction Fund (Street Im- provements) the amount of $32,945, out of which amount there is to be paid the Cityss proportionate part of such costs of construc- tion for sidewalks in City parkways and alleyways; the balance of said appropriation is the amount equivalent to ten per cent (10%) of the contract price of $179,850 for such construction, which amount is hereby appropriated for the payment of engineering and contingent costs of said project. SECTION III. The fact that portions of certain streets within the City of Corpus Christi, as hereinbefore described, do not have sidewalks and the further fact that sidewalks along said streets are necessary to the health and public welfare of the in- habitants of said City because of the increased traffic along said streets creates a public emergency and public imperative necessity requiring the suspension of the Charter rule 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 Council, and the Mayor having declared that such public emergency and imperative neces- sity exist, and having requested that such Charter rule be sus- pended, and that this Ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, This the day 0$1"A , 1950. T: CITY OF CORPUS MMISTI,TEW y ecre ry APPROVED AS LEGAL FOiR: rney Corpus Christi, Texas Z 1950 TO THE MM- ERg OF THS, CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fore- going 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 an the date it is introduced, and that such ordinance or resolution shall be read at .three meetings of the City Council; I, 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, p1�Y0R City of Corpus Christi, Texas The Charter rule tims suspended by the follmving vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon J� George L. Lowman The above ordinance eras passed by the following vote: Leslie liassei�;an nj �a, , -�✓ Jack DeFor-rest Barney Cott —'���✓ Sydney E. Herndon ( �. y George L. Lmvman I r .. June 27 1950 , 1 I certify to the City Counci'i>'that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing Ordinance is in the Treasury of the City No. 296 Improvement Bonds of Corpus Christi to the credit of Fund NO-1250 Construction Fund. (STREET IMPROVEMENTS) from which it is proposed to be drawn, and such money is not appropriated for any other purpose. a FLiLTiS SPECIAL PROVISIONS SPEC*CATIONS AND FOOO OF _ CONTRACT ,iD BONDS FOR STREET ZKTRGIMENTS SIDEWALK CONSTRUCTION D ARTM a OF PUBLIC WORKS 02rf OF OPUS COMISTI, TEXAS miff, ;'J TABLE OF CONTENTS 1. Advertisement 2. Special Provisions 3. General Provisions and Requirements 4. Standard Specifications 5. Contract 6. Bonds NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas, for the construction of approximately 408,750 square feet of sidewalks in accordance with the plans, specifications and contract documents will be received at the City Secretary's office until _4:00 P.M. on June 6 19 50, and then publicly opened and read. Any bid received after closing time will be returned unopened. A Cashier's Check or .acceptable Bidder's Bond, payable without re- course to the City of Corpus Christi, Texas, in an amount of not less than five per cent (5 %) of the total amount must accompany each bid, Plans, proposal forms, specifications and contract documents may be procured from the Director of Public Works upon a deposit of Ten Dollars ($ 10.00 ) as a guarantee of their safe return in good condition.' Attention is called to the pre - qualification requirements adopted by the City Council, requiring that a complete financial statement must be filed with the City Secretary at least three day prior to the opening of bids, and that a Plan, Experience and Equipment Questionnaire, includ- ing financial statement addenda, must be filed with the City Secretary at least seventy -two (72) hours prior to the opening of bids. The bidder is hereby notified that the Owner has ascertained the wage rates.which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the Director of Public Works and the Contractor shall pay not less than the wage rates so shown for each craft or type of "laborer," "workman," or "mechanic's employed on this project. The City reserves the right to reject any and all bids and to waive informalities. CITY OF CORPUS CHRISTI, TEXAS Leslie Wasserman, Mayor let insertion _May 261_lq 50 2nd insertion June 2, 19_ W. B. Collier, City Manager PART A - SPECIAL PROVISIONS A TIME AND PLACE OF RECEIVINO PROPOSALS Sealed proposals will be received in conformity with the official ad- vertisement, inviting bids for the project. Proposals will be received in the office of the City Secretary of the City of Corpus Christi, Texas, until 4000 p.m., on June 6, 1950. A.2 DESCRIPTION OF PROJECT This project consists of the construction of approximately 408,750 square feet of sidewalks along various streets. The Contractor's particular attention is directed to the following require- ments. 1. The subgrade for the sidewalk shall be thoroughly compacted prior to the placing of concrete. 2. No excess water will be permitted in the concrete mix. 3. Where sodded lawns are crossed by the proposed sidewalk no more than four (4 ") inches of extra width excavation on each side will be permitted to be made, 4. Where existing driveways of asphalt, shell, or other type of materials are crossed by the proposed sidewalk, the excess ex- cavation necessary for forms shall be backfilled with material similar to the existing materials at the Contractors expense. A 3 FORMS, PLANS AND'SPECIFICATIONS Forms of proposal, contract and bonds, and plans and specifications may be obtained at the office of the Director of Public Works in the City Hall upon deposit of Ten (410.00) Dollars, which sum so deposited will be re- funded, provided the prospective bidder complies with one of the following requirements: 1. If no proposal will be submitted: All documents must be returned to the office of the Director of Public Works not later than forty -eight (48) hours prior to the time and date of receiving proposals; or, 2. If proposal is submitted: All documents, except pro- posal form submitted as bid, must be returned to the office of the Director of Public Works within five (5) calendar days from and after the time and date of receiving proposals. Provided the prospective bidder complies with neither of the two require- ments, the sum of Ten ($10.00) Dollars shall become the property of the City of Corpus Christi, Texas. A 4 RIGHT -OF -WAY All right -of -way for the construction of the project will be provided by the City of Corpus Christi, Texas. A 5 EXAMINATION OF SITE OF THE PROJECT Prospective bidders shall make a careful examination of the site of the project, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be sal- vaged materials, and as to methods of providing ingress and egress to private properties, and methods of handling traffic during construction of the entire project. A 6 SHEETING. SHORING AND BRACING Sheeting, shoring and bracing, if required, will not be measured or paid for as a separate contract pay item, but the cost thereof shall be included in such items as are provided in the proposal and contract, and none shall be left in place. A 7 EXCAVATION No classification of excavated materials will be made. A 8 IfOR EQUAL" CLAUSE Whenever a material or article required is specified or shown on the plans by using the name of a proprietary product, or of a particular manufacturer or vendor, a4.7 material or article which will perform adequately the duties imposed by the general design will be considered equal and satisfactory, provided the material or article so proposed is of equal substance and function, and only after written approval by the Engineer. A 9 RAILWAY CROSSINGS It shall be the entire responsibility of the contractor to notify the railway company involved, at least five (5) days previous to the time of his intention to begin work on their right -of -way. It shall also be the entire responsibility of the Contractor to obtain approval from the rail- way company of the methods he intends to use in performing the required work. All-regulations and instructions as to precautions for safety of property and the public of the railway company shall be observed by the Contractor. The Contractor shall bear all costs of extra requirements that may become necessary on account of demands of the railway company to Protect and keep their tracks in operation with safety. A 10 WAGE BATES All employees directly employed on this project by the Contractor shall be paid the prevailing wage scale for work of a similar character in this locality, and in no event less than the following minimum rates per hour: SKILLED LABOR HOURLY WAGE RATES Asphalt plant mixer operator 1.15 Dozer operator (tractor over 55 H.P.) 1.25 Dragline operator (3/4 cu.yd. and over) 1.35 Dragline operator (under 3/4 ou.yd.) 1.25 Form setter 1.30 Master finisher (pavement & structures) 1.30 Mechanic - 1.25 Motor patrol operator (finishing pavements and bases) 1.35 Paver operator (27 -E or over) 1.375 Power shovel operator (3/4 cu.yd. or over) 1.40 Power shovel operator (tinder 3/4 cu.yd.) 1.25 Reinforcing steel setter (bridge work) 1,125 Roller operator (self propelled) 1,15 Scraper operator (over 7 cu.yd.) 1,15 INTERMEDIATE GRADE LABOR Air tool operator Asphalt plant fireman .85 .90 Asphalt raker Blade grader operator .90 1.00 Concrete spreader operator 1.00 Distributor driver Distributor operator .95 1.00 Dozer operator (tractors under 55 H,P.) 1.00 Finisher's assistant (concrete pavement) Finishing machine operator ( concrete or asphalt ) ,90 1.00 Flexplane operator 1.00 Form grader operator .90 Hand float operator (assistant finisher) ,g5 INTERMEDIATE GRADE LABOR HDURLY WAGE RATES Loader operator Mixer operator (less than 27 -E) .90 Motor Patrol operator ,90 1,00 Oiler Pump man ,90 Scraper operator (7 cu.yd. & under) .80 Spreader box operator .95 Subgrader operator .85 .90 Tractor operator (20 or more H.P.) X90 Trenching machine operator Truck driver (over 1 -1/2 tons Mfrs, rated opacity X90 ,80 UNSKILLED LABOR Asphalt loader and shoveler .75 Asphalt plant miscellaneous labor ,75 Cement handler .75 Concrete curer (mats, paper, membrane) .75 Concrete puddler .75 Concrete vibrator operator .75 Shoveler (concrete) .75 Finisher's helper .75 Formsetter's helper - .75 Form Oiler .75 Form puller .75 Form stripper .75 Flagman .75 Labor, miscellaneous, unskilled .75 Mechanic's helper .75 Pit man .75 Reinforcing steel laborer .75 Spader (concrete work) ,75 Subgrader laborer (hand tools) .75 Tractor operator (under 20 horsepower manufacturer's rated capacity) ,75 Truck driver (1 -1/2 ton manufacturer's rated capacity or less) ,75 Water boy .75 Watchman ,75 One and one -half times the prevailing per diem wage based on an 8 -hour working day shall be paid for all hours worked in excess of 8 hours a day in any one week day, or for all hours worked on Sundays or Holidays. The days to be considered holidays are as follows; January 1 Labor Day May 30 Thanksgiving Day July 4 Christmas Day All MAINTENANCE OF SERVICE Where the Contractor encounters outlets or services of any type serving property along the line of his work, it shall be the duty of the Contrac- tor to maintain such outlets or services in continuous operation at his own expense. PART G - PROVISIONS AND REC =,DENTS SECTION G I - DEFIFITIO1 OF TM33 -11D &BBR:,VIATIONS G 1.1 DEFINITION OF TE U13; Wherever the words, forms or phrases defined herein or pronouns used in their place occur in these specification, in the contract, in the bonds, in the advertisment or any other document or instrument herein contem- plated, or to which these specifications apply or nay apply, the intent and meaning shall be interpreted as follows. Advertismement: All of the legal publications pertaining to the !York contemplated or under contract. Bidder: Any person, JtOrsans pgrttienship, company, firm, association or corporation acting directly or through a duly authorized repre^entative submitting a proposal for the work contemplated. City: The City of Corpus Christi, Texas, a municipal corporation, acting by and through (a) its governing body, or (b) its City Manager, each of whom is required by Charter to perfo_m specific duties. Responsibility for final enforcement of contracts involving the City of Corpus Christ is by Charter vested in the City 13anager. City Attorney: The City Attorney of the City of Corpus Christi, Texas, or his duly autorised assistants or agents. City Controller: The City Controller of the City of Corpus Christi, Texas, or his duly authorized assistants cr agents. Cite Council_ The Council of the City of Corpus Christi, Texas. City h'anaeers The Bpnager of the City of Corpus Christi, Texas. City Secretary: The City Secretary of the City of Corpus Christi, Texas, or his duly authorized assistants or agents. Construction Bond: The approvod form of security furnished by the Contractor and his sureties as a guarantee of good LUth on the part of the Contractor to execute tho work in strict accordance tiii'th the plans, specifications and torras of the contract. Contract: The written agreement covering the percormonce of the )York. The contract includes the advertisement, -,ronosal, specifications, including special provisions, plans or •rorlcing dro ;,ings, and any supplement,:.) ehangc;s or agreements pertaii -dng to the work or materials V`erefor, and bonds. Contractor: The person, persons, partnership, company, firm, association or corporationi entering into contract for the execution of the work, acting directly or through a duly outhori-�ed representative. C-1 Director of Public Works:. The Director or Public Llorks of the City of Corpus Christi, Texas, o his duly authorized assistants or agents. E_i. neer: The Head of Engineering and Construction of the City of Corpus Chris'ui, or his duly authorized assist.nts, agents, engineers, inspectors,; or superintonde;::,ts, acting within the scope of the particular duties entrusted to -bhem. Maintongrca Bond: The approved form of security furnished by the Contractor and his eureties as a guarantee that he will maintain the work constructed by lei m i;? good condition for the period of time required. IE,or: The AL:yor of the City of Corpus Christi, Texas. Pln or Plans: All-the drawings pertaining to the contract and made a part t;_zeof, including such supplementary drawings or add -nda as the E-`gineer mc:*, iscure in order to clarify other drawings, or for the purpose of showing changes in the -.cork horeincfter authorized, or for showing details not shorn thereon. PrLR2sa,.i: The written statement or statements duly filed with the City Socrotary of the person, persons, partnership, company, firm, association, or corporc.ticn proposing to do the work contemplated, including the approved form on which tho formal bids for the work are to be prepared, Proposal Gi;Kantee: The security designated in the advertisement and ,proposal to be furiii.shed by each bidder as a guarantee of good faith to enter into a contract with the City and cx:,.cute the required bonds for the work contemplated after the vork is !.yarded him. Spocial- Provisions: The dpccial clauses setting forth conditions or tc- quirementa peculiar to the specific project involved, supplementing the standard specifications, and taking precedent over any conditions or requirements of the sta :'A : -.rd specifications with which they are in conflict. Spocificati nss_ The dlroction', provisions, and requirements contained herein, tog er frith the specL.l provisions supplemental hereto, pertaining to the met!;od and Tianncr of performing the work or to the qualities or quantities of th materiaal to be furnished under Vnio contract. Svrot.c_ : The corporate bodies which are bonrnd by such bonds as are re- quirod w_'�h and for the contractor_ Said sureties engage to be responsible f'r the entire a':zd satisfactory fulfillment of the contract, and for any and all requirements as set out in the specifications, contract or plans. Tho Work: All ;cork, including the furnishing of labor, materials, tools, ec,_iipnont, -,.nd incidentals, to be porformod by the Contractor under tho terms of the contract. Wo_•Linp Hours: Eight hours shall constitute a days .•ork in any ore calendar day for all laborers employed under the contract, and the contractor shall not require or permit c y laborer or other person to work more than eight hours per calendar day under the contrgct,,except in cases of emergency as provided by law. G -2 G 1.2 ABBRsVI'TTOiIS: Wherever the abbreviatio:.is defined herein occur on the plans, in the specifications, contract, bonds, advertisement, proposal, or in any other document or instrument herein contomplatod or to which the specifi- cations apply or m.y apply, the intent and meaning shall be as follows: A.A.S.H.0. American Association of Lin. Linear State High,,.ray Officials Lb. Pound A.S.T.M. American Society for H. H. lianholo Testing 11vterials flax. Maximum Asph. Asphalt 1Un. 1Jinimum Ave. Avenue None. Monolithic Blvd. Boulevard PJo. Idtunber C.I. Cast Iron % Per cent C.L. Center Line R. Radius C.O. Clcanout Roinf. Reinforced Gone. Concrete Rem. Remove Cond. Conduit Rep. Replace Corr, Corrugated R /fJ or Cu. runic R. of ?d. Right of ?day Cuiv. Culvort Sari. Sanitary Dia. Diamentcr St. Street or Dr. Driveway Storm Elov. Elevation Vol. VOlwme F. Fahrenheit 1J.U.T.Co. Western Union Ft. or Foot or Foot Telegraph Co. G.-.1. Gallon Yd. Yard. H.S. Horeshoo In, or " Inch or Inches Section G 2 - PROPOS =.L REQUIP. 11'75 '7ID COMITIONS G 2.1 P11OP6S: L FOB.1d: The City trill furnish bidders with proposal forms, which trill stcte the general location arc description of the contonplated cork, and which will contain an,- itemized list of the itom;� of work to be done or materials to be furnished, and upon which bid prices ,rc aske'. The proposal form will provide for ontoring the amount of proposal guaranty. G 2.2 QUFdJTITIES 117 PROPOS" :L FORi:: The quantities of the ,cork aid siatcrials -et forth in the proposal form or on the pl_ ns appro_,im:-.tely represcat the - ork to be performed and L torials to be furni hed, a:--d are for the purpose of compering the biis on a uniform basis. Poynent will be mode by the City to the Contractor only for the actual quantities of 7•ork perforned or materials furnished in accordance with the plans and specifications, and it is understood that the quantities may be increased or decreased as hereinafter provided without 'in any .ray invalidating the bid price. G-3. G 2.3 EXAMEN. "_TIO'T OF PT;_NS, SPECIFICLTIOPIS IITD SITE OF TIC WORK: Bidders are advised that the plans, specifications, and other documents on file it" the City Socretary shall constitute all of the information which the City Will furnish. Bidders arc required, prior to submitting any proposal, to rea- the specifications, proposal, contract and bond forms carefully, to visit the site of the work, to examine carefully local conditions, to inform themselves by their independent research, tests, cnd investigation of the difficulties to be oncountered c.nd judge for themselvos of the accessibility of the work and all attending circumstances affecting the cost of doing the work or time required for its completion, cnd obtain all infor.n-ation required to make an intelligent proposal. No information given by the City of any official thereof, other than th::.t shown on plane and contained in the specifications, proposal and other documents, shall be binding upon the City. Bidders shall rely exclusively upoii their own_ estiiantos, investigations, tests, and other data which are necessary for full .nd complete inform:.tion upon which tho proposal may be based. It is mutally affrood that submission of a proposal is evidence that the bidder has made the examinations, investigations, and tests required herein. G 2.4 PREPARATIOPT OF PROPOSAL: The bidder shall submit his proposal on the forms furnished by the City. A21 blank spaces in the form shall be correctly filled in and the bidder shall state the prices, written in ink, both is words a_ad numerals; for which he proposes to do the •ork contemplated or furnish the materir.1 required. Such price shall be written distinctly legible. In case of discre -)ancy between the price written in words and the price written in - figures, the price written in words shall govern. If proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If the proposal is submitto-1 by a firm, association or partnership, the name and address of each member mustbe given and the pro-,osal signed by a member to the firm, asoociat%on,or partnership, or person duly authorized. if proposal is submitted by c. company or corporation,the company or corpor. ^tc name -and business address nust be given, and the proposal signed by an offical or duly authorized agent. Powers of attorney authorizin agent: or others to sign propos :.ls must be properly certified and must be in z:*riting said submitted with the proposal. G 2.5 PROPOSAL GU':R.UBTY No proposal will be considered unless it is accompanied by a cashier's check on any State or National Bank in the City of Corpus Christi, or acceptable Bidder's Bond, payable unconditionally to the Naycr of the City of Corpus Christi, Texas. The cashier's check or Bidder's Bond shall be in the ormount of not less than five (5) per cont of the total amount of the bid. The propos.-.l gucranty is required by the City as evidence of good faith and as a guarantto that if awardod the contract, the bidder will execute the contract and furnish the roquir d bonds within ten (10) days after the roccipt of acceptance. G 2.6 FILLIM OF PROPOSALS: No proposal .rill be considered unless it is filed with the City Secretary at his Offico in the City tL.11, Corpus Christi, Texas within the time G -4 limit for reciving proposals as stated in the advertisement. Each propcsal shall be in a sealed envelope, plainly marked with word k— ,poaal" and the name or description of the project as designated in the '?.9corlisoment ". G 2;( WITHDRAWING PROPOSALS: Proposals filed with The City Secretary can not be withdrawn or modified prior to the time set for opening proposals. Request for non- considoration of proposals must be made in writing addressed to the City Council and filed with tho City Secretary prior to the time set for opening proposals. Aftor other proposals are opened and publicly read, the proposal for which withdrawal is properly requested may be returned unopened. G 2.8 OPENING PROPOSALS: The proposals filed with the City Secretary will be opened in the presence of the City Council at the time stated in the advertisement and publicly read aloud, and shall thereafter remain on file with the City Secretary. No contract will be entered into based on such proposals until after forty eight (!y8) hours shall have elapsed. G 2„9 IRREGULAR PROPOSALS: Proposals will be considered irregular if they show any omissions, altern- tjons of form, additions, or conditions not called for, unauthorized ulteznate bids or irregularities of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interest of the City. G 2,10 REJECTION OF PROPOSALS: The City reserves the right to reject any or all proposals and all proposals submitted are subject to this reservation. Proposals may be rejeetod for any of the following specific reasons: (a) Proposal received after the time limit for receiving proposals as stated in the advertisement. (b) Proposal containing any irregularities. (c) Unbalancod value of any items. G 2,11 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of the following specific reasons: (a) Roaaon for believing collusion exists among the bidders. (b) Reasonable grounds for believing that any bidder is interested in morn than one proposal for the work contemplated. (c) The bidder being interested in any litigation against the City. (d) Thr, bidder being in arrears on any existing contract or having do faulted on a previous contract. (e) Lack of compentoncy as revealed by the financial statement, experience and equipment questionnaires, oto. (f) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. (g) Failure to submit financial statement, experience and equipment questionaires. G-5 SECTION 3 - AWARD AND MMCUTION OF CONTRACT.- G 3.1 CONSIDNRATION OF CONTRACTS After proposals arc opened, the proposals will be tabulated for compar- ison on tho basis of the bid prices and quantities shown in the proposal. Until fir ^_i award of the contract, the City reserves tho right to rojoct any or c'•.: proposals,, to waive technicalities, and to readvertiso for new proposo ".s, or proceed to do the work otherwise in the best interest of the City. G 3.2 AWARD OF CONTRACT: The City reserves the right to withhold the award of the contract for a reasonable period of time from date of opening proposals and no award will be mado until after investigations are made as to the responsibilities of the low bidders. In no case will contract be awarded until at least forty eight (4$) hours shall have elapsed from time of opening proposals. -G 3.3 RETURN OF PROPOSAL GUARANTY: As soon as proposal prices have been tabulated for comparison of bids, the City may, at its discretion, return the proposal guaranties accompanying the proposals which, in its judgment, would not be considered in the award; all other proposal guaranties will be retained by the City until the required contract and bonds have been executed, after which they will be returned. No proposal guaranties will be returned until at least forty eight (46) hours shall have elapsed from time of opening proposals. G 3.4.SURETY BONDS: With the execution and delivery of the contract, the contractor shall furnish and Pilo with the City in the amounts herein required, the follow- ing surety bonds: (a) Construction Bond: A good and sufficient construction bond in an amount equal to one hundred porcont of approximate total amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the City and all other persons against damage by reason of negligence of the contractor, or improper execution of the work, or the use of inferior materials; This construction bond shall guarantee the payment for all labor, materials, and equipment used in the construction of the work. (b) maintenance Bond: When in the special provisions a separate maintenance bond is required for the work, the bond shall be for the period of time stated in the special provisions. The maintenance time dates from and after date of completion of the work and acceptance by the City. G -6 (c) Other Bondst Other bonds, if required in the Special Provisions. (d) Sureties: No sureties will be accepted by the City who are now in default or delinquent on any bonds or who are interested in any litigation agni_wt the Cicy, 11 bonds shall be made on forms furnished by the City, and nal._' bo executed by not less ct.an two sureties, one of which shall be e.n approved surety company authorized to do business in the State of Texas and acceptable to the City, and the other shall be a resident of Nueccs County, Texas. Each bond shall be executed by the contractur and the sureties. Should any surety on the contract be determined unsatisfactory at any time by the City Council, notice will be given the contractor to that effect, and the contractor shall immediately provide a new surety satisfactory to the City Council. No payment will be made under the contract until the new surety or sureties, as required, have qualified and been accepted by the City Council. The contract shall not be operatite nor will any payments be due or paid until approval of the bonds have been made by the City Councils G 3.5 EXECUTION OF CONTRACTd The person or peksonsy partnership, company, firm, association, or dorpor- ation to whom a contract is awarded shall within ten days after such award sign the necessary agreements entering into the required contract with the City. No contract shall be binding on the City until it has been attested by the City Secretary and approved as to form by the City Attorney, executed for the City by the City Manager, and delivered to the contractor. G 3.6 FAILURE TO EXECUTE CONTRACT: The failure of the bidder to execute the required bonds or to sign the required contract within ten (10) days after contract is awarded shall be considered by the City as an abandonment of his proposal and the City may annul the award. By reason of the uncertainty of the market prices of mater- ials and labor, and it being impracticable and difficult to determine accurately the amount of damages accruing to the City by reason of said bidders failure to execute said bonds and contract within the (10) days the proposal guaranty accompanying the proposal shall be the agreed amount of damages which the City will suffer by reason of such failure on the part of the bidder, and shall thereupon immediately be forfeited to the City. The °;ling of a proposal will be considered as an acceptance of this provision. SECTION G �. - SCOPE OF WORK G 4.1 INTENT OF PLANS AND SPECI?ICATIONS: The intent of the plans and specifications is to proscribe a complete work or improvement which the contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. G -7 The contractor shall do all work as provided in the plans, specifications Special provisions, proposaland contract, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable mannor. The contractor shall furnish all labor, tool's, materials, machinery, equipment, and incidentdls, necessary to the prosecution of the work. G 4,2 SP,CIAL FROVISICNS: Should any work or oonditions which are not thoroughly satisfactorily st!r_.Lated or covered by the general or standard specifications be antici- pated on any proposed work, "Specia.L :rovicions" for such work may be pre- pared by the City previous to the time of receiving the bids, and shall be considered as a part of the specifications and contract. G 4.3 INCREASED OR DECREASED QUANTITIES OF WORK: 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 found necessary and the contractor shall perform the work as altered, increased or decreased at the contract unit price's. Such increased or de- creased quantity shall not be more than twenty -five percent of the con- templated quantity of such item or items6 No allowance will be made for any change in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the contract and bond. G 4.4 ALTERATION OF PLANS AND SPECIFICATIONS: The City reserves the right to malco such changes in the plans and speci- fications and in the character of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original plans and specifications or change the general nature of the work as a whole. Such changes shall not be emnsidored as waiving or invalidating any condition or provision of the contract and bond. G 4e5 EXTRA WORK: When any work is necessary to the proper completion of the project for which no prices are provided for in the proposal and contract, the con - tractor shall do such work, but only when and as ordered in writing by the Engineer. Payment for extra work will be made all hereinafter provided. G 4.6 SALVAGE: Upon the completion of the work and before acceptance and final payment will be made, the contractor shall clean and remove from the site of the work surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of th, work in a neat and orderly condition„ Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. G -8 SECTION G 5 - CONTROL OF THE WORK AND MATERIALS' ENGINEER: envision of the Engineer in a OF THE uestions G 5.1 AUTHORITY erformed under the sup He shall decide fri shed, All work shall be p satisfaction. of mztPrials workma;lilce manner and to 1113 and acceptability rogiess of the workcasions, arise as to the quality rformance, rate of P _,ns and sPecht which manner of Pe of the P hts between work Per�ormedI man. natation , mutual rig He constsv.ction, interp compensation, of the work. quence of sn° the contract, spell. aterials ifications and sn p rformed and m acceptable; fu:_fPtl`thete°Spec tality of the work Ae His estimate contractors the amount and q` be final. the Contractor shall determine and estimates shy lthe right furnished, and his decisions ion precedent to in such event shall be a corxtit to receive money due him under the contract. cross - sections, and dimensions 2 OONFOR4dITy WITH PLANS: odes, be repaired by G 5• conf °rm to the lines, the plans which may ineer and All work shall Any deviation fromdeterminad by the Eng shown on the Plans. tior, will be the exigencies of construe him for writing• authorized by structures. STRJCTURES: all known surface and subsurface ewers, G 5.3 EXISTING water mains, CO for failure to The Plans show the location °f as mains, responsibility their exact the location of mar}y g no rasp show them in However, the City assumes plans or to etc., is unknown and on the will not be considered or all these structures such failure ensanoon for extra work show io It is mutually agreed additional comp m�ep whatsoever, unless the location. for claims for es in the lines or sufficient basis the pay quantities in any changes which is such as to necessitate provision for or for increasing s ecial work, A the building °f P which case the provisions in these obstruction enco�zntered is grades, or requires in not made in the plans and Proposal; extra work shall aPAIY• & SPECIAL pRGVISIONS* specifications for PROPOSAL and all SPECIFICATIONS, special pr °'n dons, G 5.4 COORDINATION c PLANS, the prop°S ' p complete work and are The plans, these specifications, to describe a °f them documents are intended regiment occurring in any govern over supplementaYanyts of the contract. fi cared dimensions shall g novi- essential p discrepancies, g ecifications; special A is binding. In case of di over sP ecifications, and Plans sealed dimensions; plans shall govern and standard sP overn over both general vern over those shown in the ,ions shall g plans shall go vantage of any apparent and quantities shown on the A not take ad cifications and the 'Sngineer shall be proposal • The Contractor shall be deemed the plans and spa retations as may spec- fications- or omission in the intent of the Plans screpancy, he permitted to make such corrections a nt n parent error or di necessary for the fulfillment of an ap sneer. Contractor discovers Eng In the event the call this to the attention of the shall immediately s ecifi- ONTRACTOR: ee copies of the Plans and A G 5.5 COOPERATION OF C lied with thre able on the work at all times one The Contractor will be , s give to the The Contractor shall have s. The Contractor shall cations. and specifications. COPY of said plans G -9 work the consistent attention necessary to facilitate the progress thereof, and'he shall cooperate with the Engineer, his inspectors, and with other Contractors in every way possible. The Contractor shall provide a competent superintendent on the work at all times, who is fully authorized as his agent on the work. Such superintendent shall be capable of reading and understanding the plans and specifications and shall receive and fulfill irstructions from the Engineer or his authorized representatives. The Con- tractor shall provide all facilities to enable the Engineer and his inspectors to inspect the workmanship and materials entering into the work. G 5.6 CONSTRUCTION STARES: The Engineer will furnish the Contractor with all lines, grades and measure- ments necessary to the proper prosecution and control of the work contracted for under these specifications. Such stakes or markings as the Engineer may establish either for his own use or the Contractor's guidance shall be preserved by the contractor until authorized by the Engineer to remove same. G 5.7 SOURSE OF SUPPLY OF MATERIALS: The materials shall be the best procurable, as required by the plans, specifications and special provisions: The Contractor shall not start delivery of materials until the Engineer has approved the source of supply. Only materials conforming to these specifications shall be used in the work and such materials shall be used only after written approval has been given by the Engineer and only so long as the quality of said materials remains equal to the requirements, of the specifications. The Contractor shall furnish approved materials from other sources, if for any reason the pro- duct frorh any source at any time before commencement or during the prosecu- tion of the work proves unacceptable. After approval, any material which has become mixed with or coated with dirt or any other foreign substances during its delivery and handling will not be permitted to be used in the work. G 5.8 SAMPLES AND TESTS OF MATERIALS: Gdhere in the opinion of the Engineer or as called for in the specifications, tests of materials are necessary, such tests will be made at the expense of the City unless otherwise provided. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to the specifications. Tests, unless otherwise specified, will be made in accordance with the latest methods of the American Society for Testing Materials. The Con- tractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not use'the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. G 5.9 STORAGE OF MATERIALS: Materials shall be stored so as to insure the preservation of their quality and fitness for the work. Ahen directed by the Engineer, they shall be placed G -10 on wooden platforms or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. G 5.10 INISt 'CTION: The Contractor shall furnish the Engineer with everyreasonable facility for ascertaining whether or not the work performed was in accordance with the requirements and intent of the plans and specifications. Any work done or materials used without suitable supervision or inspection by the Engineer may be ordered removed and replaced at the Contractor's expense. G 5.11 REP, °OVAL OF DEFECTIVE AND UNAUTHORIZED ffORK: All work which has been rejected or condemned shall be repaired or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately removed from the site of the work. Work done without line and grade having been given, work done beyond the lines or not in conformity with the grades shcain on the plans or as given, save as herein provided, work done ,ritdout proper inspection or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and will be considered unauthorized, and at the option of the Engineer may not be measured and paid for, and may be ordered removed at the Contractor's expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized or condemned work or materials immediately , -r receiving notice from the Engineer, the Engineer will, after giving written notice to the Contractor have the authority to cause defective work to be remedied or removed and replaced, or to cause unauthorized wor'.< to be removed and to deduct the cost thereof from any moneys due or to become due the Contractor. G 5.12 FINAL INS ?CCTION: The Engineer will make final inspection of all work included in the con- tract as soon as practicable after the work is completed and ready for acceptance. If the work is not acceptable to the Engineer at the time of Such inspection, he will inform the Con'- saotor as ,o the par;, ^lcular•defects to be remedied before final acceptance will be made. SECTION G 6 - LEGAL RELATIONS AND PUBLIC RESPONSIBILITY: G 6.1 LAAS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws, and City ordinances and regulations which in any manner affect the conduct of the work and shall observe and comply with all orders, laws, ordinances, and regulations which exist or which may be enacted later by bodies having ;jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his sureties shall indemnify and save tearless the City and all its officials, agents and employees against any claims or liability arising G -11 from or based on the violation of any such law, ordinance, regulation or order, whether by himself or employees. G 612 PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the dde and lawful prosecution of the worki G 6-3 PATENTED DEVICES; MATERIALS AND PROCESSES: If the Contractor is required or desires to use any designs device, material or process covered by letters, patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner: It is mutually agreed and understood that without exception, contract prices shall include all royalties or costs arising from patents, trademarks and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the City from any, and all claims for infringement by reason of the use of any such patented design, device, material or process or arty trade -mark or copyright in connection with the work agreed to be performed under this contract and shall indemnify the City for any cost, expenses or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work: G 6.4 SANITARY PROV1StONS! The Contractor shall establish and enforce among his employees such regu- lations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to prevent effectively the creation of a nuisance about the work or any property either public or private; and such regulations as are required by the Engineer Shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences fob the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as will be approved by the Engineer, and their use shall be strictly enforced by the Contractor. All sanitary laws and regulations of the State of Texas and the City of Corpus Christi, shall be strictly complied with. G 6.5 PUBLIC CONVENIENCE AND SAFETY: Materials stored about the work shall be so placed and the work shall at all times be so conducted as to cause no greater obstruction to the travel- ing public than is considered necessary by the Engineer. The Contractor shall make provisions by bridges or otherwise at all cross streets, high- ways, sidewalks, and private driveways for the free passage of pedestrians and vehicles, provided that where bridging is impracticable or unnecessary in the opinion of the Engineer, the Contractor may make arrangements satis- factory to the Engineer for the diversion of traffic and shall at his own expense, provide all material and perform all work necessary for the con- struction and maintenance of roadways and bridges for the diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated, the construction materials or plant used in the construction of the work shall be placed so as not to endanger the work, or prevent free access to all fire hydrants, water valves G -12 gas valves, manholes for telephone, telegraph, signal or electric conduits, 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 convenience and safety which may come to its attention, after twenty -four Hours' notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done by the City shall be deducted from moneys due or to become due the Contractor. The Contractor shall notify the Fire and Police Department Headquarters when any street is closed or obstructed and when directed by the Engineer shall keep any street or streets in condition for unobstructed use by fire or police apparatus. +here the Contractor is required to con- struct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well at the structures of such crossings. G 6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHTS OF WAY: For the performance of the contract, the Contractor will be permitted to occupy such portions of streets or alleys, or other public places or other rights of way as provided for in the ordinances of the City, as shown on the plans or as permitted by the Engineer. A reasonable amount of tools, materials and equipment for construction purposes may be stored in such space, but not more than is necessary to avoid delay in the con- struction. 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 occupants or adjoining property. Other contractors of the City may, for all purposes required by their contracts enter upon the work and premises used by the Contractor, and the Contrac- tor shall give to 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. G 6.7 RAILWAY CROSSINGS: Where the work encroaches upon any right of way of any railway, the City will secure the necessary easement for the work. Where railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing the work, or precautions for safety of property and the public. All negotiation's with the railway company, except for right -of -way, shall be made by the con- tractor. The railway company shall be notified by the Contractor not less than five (5) days previous to time of his intentions to begin the work. The Contractor will not be paid direct compensation for such railway ' crossing, but shall receive only the compensation for such railway crossing, as set out in the proposal. G -13 G 6.8 BARRICADES, LIGHTS AND WATCHMEN: Where the wor'.: is carried on in or adjacent to any street, alley or public place, the contractor shall at his own cost and expense furnish and erect such barricades, fences, lights, and danger signals, shall provide such watchmen, and shall take such other precautionary measures for the pro- tection of persons or property and of the work as are necessary. Barri- cades shall be painted in a color that will be visible at night. From sun- set to sunrise the contractor shall furnish and maintain at least one light at each barricade. 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 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 replaced by the contractor at his cost and expense. The contractor's responsibility for the maintenance of barricades, signs and lights, and for providing watchmen, shall not cease until the project shall have been accepted by the City. G 6.9 USE OF EXPLOSIVES: Should the contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property. The City shall not be held liable for damages done by the con- tractor in the use of explosives. The contractor shall notify the proper representatives of any public service corporation, any company or any indi- vidual, not less than eight (8) hours in advance of the use of explosive, which might damage or endanger their or his property along or adjacent to the work. Wherever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES ", and shall be under the care of a competent watch- mat at all times. G 7.10 PROTECTION AND RESTORATION OF PROPERTY: Where the work passes over or through private property, the City will pro- vide such right -bf -way. The contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner. The contractor 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., to all water, sewer, and gas lines, to all conduits, to all overhead, pole lines, or appurtenances thereof, and to all other public or private property along or adjacent to the work. The contractor shall notify the proper representatives of any public utility, corporation, company or individual not less than forty -eight (48) hours in advance of any work which might damage or interfere with the operation of their or his property along or adjacent to the work. The contractor shall be responsible for all damage or injury to property of any character resulting from any act, omis- sion, neglect, or misconduct in the manner or method of executing the work, or due to his non - execution of the work, or at any time due to defective work or materials, and said responsibility shall not be released until the work shall have been completed and accepted. When and where any direct or indirect damage or injury is done to public or private property on account G-14 of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non- execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to :a condition similar or equal to that existing before such damage or in- jury was done, by repairing, rebuilding; or otherwise restoring as may be directedi or he shall make good such damage from injury in a manner accept- able to the owner or the Engineer. In case of failure on the part of the Contractor to restore such property or make good Such damage or injury, the Engineer may after forty (40) hours written notice] under ordinary circum- stances and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any moneys due or to become due the contractor under his contract. G 6.11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor and his sureties shall indemnify and save harmless the City and all its officials, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person or persons or property , by or from the said contractor or his employees or by or in consequence of any negligence in safeguarding the vo rk or through the use of unacceptable iw.terials in constructing the work, or by or on account of any actor omission, neglect or misconduct of the said contractor, or by or on account of any claims or amounts recovered under the Workmen's Compen- sation Law or any other law, ordinance, order or decrees, and so much of the money due the said contractor under and by virtue of his contract as shall be considered necessary by the City may be retained for the use of the City, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as afore- said shall have been settled and satisfactory evidence to that effect fur- nished the City. G 6.12 CONTRACTOR'S CLAIM] FOR DAMiAGES: Should the contractor claim compensation for any alleged damage by reason of the acts or omissions of the City, he shall within three (3) days after sustaining such alleged damage make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained; the contractor shall file with the Eng- ineer an itemized statement of the details and amount of such alleged damage and, upon request shall give the Engineer access to all books of accounts, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the contractor's claim for compensation shall be waived and he shall not be entitled to payment on account of such damage. G 6.13 PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANG&D: In case it is necessary to change or move, the .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 G-15 contract for the purpose of making such changes or repairs of their property that my be mco sary by perfo= -mance of the contract. The City reserves the right of entering upon the limits of the contract for the purpose of repai -ring or rel.ayiny sower, gas,,and water lines and Appurtenances, repair- ing structures, cts., and making other repairs, ohanges, or extensions to any City property. G 6.11 TLEPOR-1-1Y S7TR ARID D3:1I11 C07NECTIOITS: When existing serer have to be taken up or removed, the contractor shall at his own coot and expe--se provide and maintain temporary outlets and connections fur all private or piublic drains or gowers. The contractor shall else tc.ke care of all se-iage and drainage,which will be received from these drains and sc -ars; and for this purpose he shall provide and maintain, at his c-n e_xpense, adoquate pumping facilities -nd temporary outlets or diversions, The Contractor, at his own expcnso, shall con struct siich troughs, pipes; or other structures nocosscry, and be prepared at all tirans to dispose of drainage and sewage r000ivcd from those temporary connections until such time as the permanent connections are built and in service. The existing sears and connections hall be kept in service and maint. -.ined under the contract, except ihere sp : :cifiod or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created, and so that the work under const =uc`6icn will be adequately protected. G 6.15 iJI- 'ANG-311E 1T AM CHOG'E FUR, W.T R FUR: -ISHED BY THE CITY: Where contractor desires to use City !-later in connection with any construc- tion :cork, he shall make complete and satisfactory arrangements with the Corpus Christi City Uator Works for so doing. G 6.16 USE OF PIP- HYDRANTS: No - 2orson shall open, turn off, interfere -pith, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve, or stop cock, or tap and water main belonging to the C ity, unless duly authorized to do so by the City of Corpus Christi- ?later Departement Superintendent. G 6.17 USE OF A SECTIO11 OF POICION OF T1F,', WORK: Wherever in the opinion of the Engineer any sriction of portion of the work or any structure is in suitable condition, it may be put into use upon the tiwitton or(.or of the Engineer, and such usage shall not be held to be in, any way an acceptance of said work or structu r. or any part thereof or as a �iaivor bf any of the ,provisions of these specifications or the contract 7cn,'ing final completion and acceptcnco of the :'ork; all necessary repairs and removals of nny section of the --ork so put into use, due to defective materials or -orkmanship or .:o operations of the cont- ractor shall be performed by the contractor at his c-m cost and expenses. G-16 G 6,18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Engineer, as provided for in these speci- fication.., t:ie work sha.;1 be under the charge and care of the contractor and he slimzl1. take e7e,y necessary precaution to prevent injury.ok damage to tho wo;:k cr dry part thereof by action of the elements or from any other ::a:_,oe hatEoever, whether arising from the execution or non- execut- ion of tl_e "aa; ^;,.. The contractor shall- rebuild, repair, restore and make good r.t his r•t;.2 cost and expense, till injuries or damages to any portion of the work ocoacioned by any of the hereinabove causes. G 6.19 No WAIVM- OR LM',L RIGHT: Inspection of the Engineer, any order, measurement, quantity or certificate by the Engineer: any order by the City for payment of money, any pay- ment for or ar;atance of any work, or any extension of time, or any" possession taken by the City, shall not operate as a waiver of any pro- visions of the contractor or any power therein reserved to the City of any rights or damages therein provided. Any waiver of any breach of con- tract shall not be held to be a waiver of any other or subsequefit breach. The City reserves the right to correct any error that may be discovered in any estimate th-t may have been paid and to adjust the same to meet the requirements of the contract and specifications. The City reserves the right to claim and recover by process of law sums as may be suffi- cient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, 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. SECTION G 7 - PROSECUTION AND PROGRESS: G 7.1 SUBLETTING THE WORK: The contractor shall perform with his own organization and with the assistance of workmen under his immediate superintendence, work of a value not less than (75) per cent of the value of all work embraced in the contract exclusive of items not commonly found in contracts for similar work, or which require highly specialized knowledge, craftsmanship and /or equipment not ordinarily available in the organizations of contractors performing work of the character embraced in the contract. No portion of the work covered by these specifications and contract except contracts for purchase and delivery of materials, shall be sublet without written permission of the City. If the contractor sublets any part of the work to be done under this contract, he will not under any circumstances be relieved of his responsibility and obligations. All transactions of the Engineer will be with the contractor. Subcontractors will be considered only in the capacity of employees or workmen, and shall be subject to the same requirements as to character and competency. The City will not recog- nize any subcontractor on the work. The contractor shall at all times when the work is in operation be represented either in person or by a qualified superintendent or other designated representative. G 7.2 ASSIGNIENT OF CONTRACT: The contractor shall not assign, transfer, convey or otherwise dispose of G-17 the contract or his right, title or interest in or to the same, or, any part thereof, without the previous consent of the dAY expressed by resolu- tion of the City Council and concurred in by the sureties: If the contract- or does without such previous consent assign, transfer, convey or othet= wise dispose of the contract or of 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 assign ment under the insolvency laws of any state, attempt to dispose of the contract or make default in or abandon said contract, then the contract may at the option of the City be revoked and annulled, unless the sureties shall successfully complete said contract, and any moneys 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 difficult to fix the actual damages. G 7.3 PROSECUTION OF THE WORK: The contractor shall begin the work to be performed under this contract within the time limit stated in these specifications, and shall conduct the work in such a manner and with sufficient equipment, materials and labor as is necessary to insure its completion within the time limit. The sequence of all construction operations shall be at all times as directed by or approved by the Engineer, Such direction or approval by the Engineer shall not relieve the contractor from the full responsibility of the complete performance of the contract. Should the prosecution of the work be discontinued by the contractor, he shall notify the Engineer at least twenty -four (24) hours in advance of resuming operations. G 7.4 LI14I TATION OF OPERATIONS: The work shall be so conducted as to create a minimum amount of inconveni- ences to the public. At any time when in the judgment of the Engineer the contractor has obstructed or closes or is carrying on operations on a greater portion of the street or public way than is necessary for the proper execution of the work, the Engineer may require the contractor to finish the sections on which work is in progress before operations are started on any additional section. G 7.5 CHARACTER OF WRIWN AND EQUIPMENT: The contractor shall employ such superintendents, foremen and workmen as are careful and competent, and the Engineer may demand the 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 performance of his or their duties or neglect or refuse to comply with the directions of the Engineer, and such person or persons shall not be employed thereon again without the written consent of the Engineer. E'11 workmen shall have sufficient skill and experience to perform properly the work assigned them. The contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner, and at a satisfactory rate of progress. All equipment, tools and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer, and shall be maintained in a satisfactory working condition. Equipment on any portion of the work shall be such that no injury to the work or adjacent property will result from its use. G-18 G 7,6 DAYIS WORK: WORKING HOURS Work shall be done only during the regular and commonly accepted and pres- cribed working hours. No work shall be done nights, Sundays or regular holi- days, unless special permission is given by the Engineer. Eight (8) hours sh.11 conaitmte a day to work in any one (1) calendar day for all workmen and laborers employed on the work and under the contract, and the contractor shall not require or permit any workmen or laborer to work more than eight hours per calendar day, except in cases of emergency as provided by law. G 7.7 TIME OF COMENC MENT AND COMPLETION: The contractor shall conmzence 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 upin accordance with the contract, plans and speci- fications within the time limit specified in the contract, unless an exten- sion of time be made in the manner hereinafter specified. G 7.8 EXTENSION OF TIME OF COMPLETION: The contractor shall be entitled to an extension of time as provided herein only when claim for such extension is submitted to the City in writing by the contractor within seven (7) days from and after the time when any alleged cause of delay shall occur, and then only when such claim is approved by the City. In adjusting the contract time for the completion of the project, unforeseeable causes beyond the control and without the fault or neg;_igoLce of the contractor, including but not restricted to inability to obtain supplies and materisls, acts of God, or the public enemy, acts of the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather conditions or delays of subcontractors due to such causes. If the satisfactory executi6n and completion of the contract should require work and materials in a greater amount or quantities than those set forth in the contract, then the contract time shall automatically be increased in the same proportion as the cost of the additional work bears to the cost of the original work contracted for. No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the contractor. G 7.9 FAILURE To COMPLETE ON TIME: The time of completion is the essence of the contract. For each calendar day that any work shall remain uncompleted after the time specified in the proposal and contract, or the increased time granted by the City, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, will be deducted from the moneys due the contractor, not as a penalty but as liquidated damages. Amount of Contract Amount of Liquidated Damages per day Less than 5,000.00 S 15.00 5,000..00 to 15,000.00 17.00 15,000.00 to 25,000.00 20.00 25,000.00 to 50,000.00 25.00 50,000.00 to 100,000.00 35.00 More than 100,000.00 50.00 G-19 The sum of money thus deducted for such delay, failure or non - completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, since it would be impracticable and extremely difficult to fix the actual damages. G 7,10 SUSPENSION BY COURT ORDER: The con'3cact,,r stall suspend such cart or parts of the work ordered by the court; and will not be entitled to additional compensation by virtue of such court orda_, Neither will he be liable to the City in the event the work is suspended by Court order. G 7.11 TEMPORARY SUSPENSION: The Engineer shall have the authority to suspend the work wholly or in part for such period or periods as he may deem necessary due to unsuitable weatherecconditions as are considered unfavorable for the suitable prosecution of the work. If it should become necessary to stop work for an indefinite period, the contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become dam - agcd in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work and erect temporary structure where necessary. The contract- or shall not suspend work without written authority from the Fngineer, and shall proceed with work promptly when notified by the Engineer to resume operations. G 7.12 SUSPENSION OF WORK AND ANNULMENT OF CONTRACT: The work or any portion of the work under. contract shall be suspended im- mediately on written order of the Engineer or the City-Manager, a copy of such notice to be served on the contractor's sureties, or the contract' may be annulled by the City for any good cause or causes, among others of which special reference is made to the following: (a) Failure of the contractor to start the work within ten days from date of written notice by the City to begin the work., (b) Substantial evidence that the progress of the work being made by the contractor is insufficient to complete the work within the specified tiiae, (c) Fa-'lure of the contractor to provide sufficient and proper equipment for properly executing the work. (d) Substantial evidence that the contractor has abandoned the work. (e) Substantial evidence that the contractor has become insolvent or bank- rupt, or otherwise financially unable to carry on the work. (f) Deliberate failure on the part of the contractor to observe any requirements of these specifications or to comply with any orders given by the Engineer as provided for in these specifications. G -20 (g) Failure of the contractor promptly to make good any defects in ma- terials or workmanship, or any defects of any nature, the correction or which has been directed in writing by the Engineer. (h) Substantial evidence of collusion for the purpose of illegally pro- curing a contract or perpetrating fraud on the City in the construct- ion of the worlc under contract. When the wor'.c is suspended for any of the causes itemized above, or for any other cua.se or causes, the contractor shall discontinue the work or such part thereof as the City shall designate, whereupon the sureties may at their option assume the contract or that portion thereof which the City has ordered the contractor to discontinue, and may perform the same or may, with the written consent of the City sub- let the wort. or that uortion of the work so taken over, provided, how- ever, that the sureties shall exercise their option, if at all within two (2) weeks after the written notice to discontinue the work has been served upon the contractor and upon the sureties or their authorized agents. T":e 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 contract, All moneys remaining duo the Contractor at the time of his default shall thereupon become due and payable to the surrties as the work progressesi subject to all the terms of the contract. In case the sureties do not within the hereinabove speci- fied time, exercise their right and option to assume the contract or that portion thereof which the City has ordered the contractor to discontinue, then the City shall have the power to complete by contract or otherwise, as it may deem necessary, and the contractor hereto agrees that the City shall have the right to take possession of and use any of the materials,.plant, tool, equipment, supplies, and property of every kind provided by the contractor for the pur- pose of his work and to procure other tools, equipment and materials for the completion of the same, and to charge to the account of the contractor the expense of said contract or labor, materials, tools, equipment and expenses incident thereto. The expense so charged shall be deducted by the City out of such moneys as may be due or may at any time thereafter becomo due the contractor under and by virtue of the contractor under and by virtue of the contract or any pert thereof. T-e City shall not be required to obtain the lowest bid for the wort: of completing the contract, but the expenses to be. deducted shall be the actual cost of such work. In case such ex- pense is less than the sum which would have been payable under the contract if the same had been completed by the contractor, then in such case, the City may pay to the contractor the difference in the cost, provided that the contractor shall not be entitled to any claim for damages or for loss of anticipated profits, in G -21 case such expense shall exceed the amount which would have been payable under the contract if the dam had been completed by the contractor, then the contracter and his sureties shall pay the amount of such excess to the city on notice from the City of the excess due. Tihen any particular part of the work is being carried on by the city by contract or otherwise under the provisions of this section, the contractorf shall continue the remainder of the work in conformity with the terms of the contract, and in such manner as in nowise to hinder or interfere with the performance of workmen employed as above provided by the City. G 7.13 TERMINATION OF CONTRACT: The Contract will be considered fulfilled; save as provied in any maintenance stipulations, bond, or by law, when all the work has been completodi the final inspection made by the Engineer, and final acceptance and final payment made by the City. SECTION G 8 - NEASUREMENT AND PAMWTt G 8.1 ivEASUREMENT OF QUANTITIES: The determination of quantities of work aceeptabiy completed under the terms of the contract, or as directed by the Engineer in writing, will be made by the Engineer, 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. G 8.2 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, tool, materi- als, machinery, appliances, plant and equipment appurtenant to, and necessary for the oonsturction in every detail and the completion in a first class, workmanlike manner of all the work to be done under these specifications. The "Unit Price" shall also include all permanent protection of overhead, surface and underground structures, cleaning up, finish, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements, delay, profit, injuries, damages, claims, and all other items not specifically mentioned that may be required to construct fully each item of the work complete in place. G 8.3 SCOPE OF PAi7ENT: The contractor shall receive and accept the compensation, as herein pro- vided, in full payment for furnishing all labor, tools, materials, equip- ment and incidentals; for pb Mrming all work contemplated 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 unforseen defects or obstruction which may arise or be encountered during the prosecution of the work and before its final acceptance by the Engineer; for all risks or whatever description connected with the prosecution of the work; for all expense incurred by or in consequence of suspension or discontinuanace of such prosecution of the work as herein specified; for any infringement of patents, trademarks or copyrights, and for completing the work in an G-22 acceptable manna.r- .according to the plans and specifications. The Payment of any current or partial- estimate pridr to final acceptance of the work by the City shall in no way constitute an acknowledgment of the acceptance o °, the work nor in any way prejudice or affect the obligation of the C.:r.tra:scr to repair, correct, renew, or replace, at his expe:,ae, any 6_- 'eons or imperfections in the construction or in tho stx-cn„th or quali-cy of the materials used in or about the construction of the work under contract and its appurtenances, nor any damage due or attributed to such defects, which defects, imperfec- tions or damage shall havo been discovered on or before the final in- spection and acceptance of the work. The Engineer shall be the sole judge of such defects, imperfections, or damage, and the contractor shall be liable to the City for failure to correct the same as provided herein. G 8.4 PAYbE`IT FOR EXTRA 'NORK: The extra work done by the contractor and authorized and approved by the Engineer will be paid for in the manner hereinafter described and the compensation thus provided shall be accepted by the contractor as pay- ment in full for all labor, materials, tools, equipment and incidentals'. and all superintendents and timekeepers' services, all insurance, bond and all other overhead expense incurred in the prosecution of the extra work. Payment for extra work will be made by one of the following methods: (a) Method "A" - By unit prices agreed on in writing by the Engineer and approved by the City Manager before said work is commenced, subject to all other conditions of the contract. (b) Method "B" - By a lump sum price agreed on in writing by the Engineer and the contractor and approved by the City Manager before said extra work is commenoeds subject to all other conditions of the contract* (c) Method "C" - By actual field cost of the.work plus fifteen (15) per cent as described herein below, agreed on in writing by the Engineer and the contractor, and approved by the City Manager before said extra work is commenced, subject to all other conditions of the contract, in the event extra work is to be performed and paid for under Method "C" the actual -field cost of the work will include the cost of all workmen, foremen, time - keepers, mechanics, and laborers, and materials, supplies, teams, trucks, rental on machinery and equipment, only for the time actually employed or used on such extra work, plus all power, fuel, lubricants, water and similar operating expenses, and a rateable proportion of premiums on con+ siruction, and maintenance bonds, public liability and workmen's . compensation and all other insurance required by law or ordinance. The Engineer will direct the form in which the accounts of actual field cost will be kept and will specify in writing the method of doing the work, and the type and kind of machinery and equipment to be used. G-23 The fifteen (15) percent of the actual field cost to be paid the contra:;tcr shall cc-cer and compensate him for profit, overhead, genux•el sup�;rin bends acs, and field office expense, and all other eiem= r.J:, of co,it .1:-.3 expense not embraced within the actual field cost c:: herein specified. The contractor shall give the Engineer access 10 all accounts, bills, invoices, and vouchers relating the rcto G 8.5 PARTIAT, EITI11,W E5: Between the '= bh J,)..;: ::rid the last day of each month, the Engineer will make an approimz.tc s.- .imate of the value of the work done during the month under the s_, ..i.oati.ons. Whenever the said estimate or estimates of work done since_�V o last previous estimate exceeds one hundred dollars (0100,00) in amount, eihty -five (85) percent of such estimated sum will be paid the co-atraotor on or before the 15th day of the month next follow- ing, The partial estimate may include acceptable non - perishable materials delivered to the wer;c; such payment will be allowed on a basis of eighty - five (85) percent of net invoice value+ The contractor shall furnish to the Engincor such detailed information as he may request to aid him as a guide in the preparation of partial estimates. It is understood that the partial ostimates from month to month will be approximate only and all partial monthly estimates and payments will be subject to correction in tho estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not in any respect be taken as an admission of the City of the amount of work done or of its quality or sufficiency nor as an acceptance of tho work or the release of the Contractor of any of his responsibility under the contract. G e.6 171THOLDING PAYtdENT: Payment of estimates may be withheld if the work is not being executed in accordance with the specifications and contract. G 8.7 FINAL ACCEPTANCE: Whenever the improvement provided for by the contract shall have been completely performed on the part of the contractor, the contractor shall notify the Engineer that the improvement is ready for final inspection. The Engineer will then make such final inspection, and if the work is satisfactory and in accordance with-the specifications and contract; he will give the contractor a certificate of acceptance. G 8.8 FINAL PAYMENT: 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 Acceptance, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements and computations can be made. All prior estimates upon which payments have been made are subject 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 G-24 of the contract will be paid the contractor within_ thirty (30) days niter final accepatance, provided the contractor has furnished to. the City satisf.,.etory evidence that all sums cf money due for any labor, materials, apparatus, fixtures, or madhinery. furnished for and used in the prosecution of the work; cr that the person or persons to whom the sam may rospectively bo duo have consented to such final payment. The accept -.ncc by the Contractor of the last pa•-ment as aforesaid shall operate as and shall be a r�leaso to the City from all claims of liabilities raider the contract for anything done ^r furnished or relating to the work under the contract or for any act or neglect of said City relating to or connected with the contract. G -25 S 40 PORTLAND CEMENT CONCRETE S 40.1 DESCRIPTION This specification shall govern for the materials used; for the storing, measuring and handling of materials, and for t::e prpportioning, mixing, placing and curing of concrete for bridges, culverts, sewers and incidental structures involving the use of concrete. S 40.2 CEMENT The cement to be used shall be one or more of the following types as de- signated by the Engineer: Normal portland cement shall conform to the Standard Specifications for Portland Cement of the A.S.T.M. (C9 -38). High early strength portland cement shall conform to Standard Specifica- tions of the A.S.T.M. (74 -39). S 40.3 WATER Oater for concrete shall be clean and free from injurious amounts of oil, acid, alkali, organic matter, or other deleterious substances. Ohen subjected to the mortar strength test,the strength at 28 days of mortar specimens made with the water under examination and normal portland cement, shall be at least 90 per cent of the strength of similar specimens made Yri.th the same cement and with water of known satisfactory quality. S 40.4 FINE AGGREGATE Fine aggregate shall consist of natural sand, or sand prepared from the product obtained by crushing stone or gravel. A'hen tested by approved methods, the fine aggregate shall conform to the following grading requirements: Retained on 3/8" screen ................0% retained on 4" screen .............0 to 5% ietained on 20 mesh sieve......... 15 to 50% Retained on 100 mesh sieve........ 85 to 100% For the purpose of controlling the grading of fine aggregate from any one source, a preliminary sample shall be submitted prior to actual deliveries. This sample shall be representative of the material which it is proposed to furnish. Any shipment of fine aggregate,made during the progress of the work which shows a variation in fineness modulus greater than 0.20 either way from the fineness modulus of the preliminary sample,shall be rejected or, at the option of the Engineer, may be accepted subject to such changes in concrete proportions as may be necessary by reason of failure to comply with the requirements of this section. S 40 =1 Deleterious substances shall not be present in excess of the following percentages by weight: Material removed by decantation ......... 3.0% Clay lumps ..................... .. .....0.5% Other substances such as coal, shale, and friable particles .................2.0% The fine aggregate when tested in accordance with the method of test for organic impurities shall show a color not darker than the standard color. Mortar specimens made with the fine aggregate when tested in accordance with the mortar strength test shall have are average compressive strength of at least 90 per cent of the strength of similar specimens made with the same cement and Ottama sand graded as specified in A.6.T.14. Tentative N'ethod of Test for Compressive Strength of Portland Cement Mortars (A.S.T.M. De- signations Cl09 -37T) when tested at an age of not less than 7 days when normal portland cement is used and not less than 3 days when high early strength cement is used. S 40.5 COARSE AGGIZATE Coarse aggregate shall consist of crushed stone or gravel and shall have a w,ar of not more than forty (40) per cent when tested according to E'.ASNO Method T -96. Coarsa aggregate shall conformto the following grading requirements: retained on 21" screen 0% detained on l- "I"� screen 0 to 5% Retained on 3/4" screen 25 to 60% Retained on.4"1 screen 95 to 100% Deleterious substances shall not be present in excess of the following percentages by weight: Material removed by decantation ......... 1.0% Shale or slate ..........................1.0% Claylumps .... ..........................0.25" Soft fragments .................... ....3.0% The sum of all deleterious ingredients, exclusive of material removed by decantation, shall not exceed 5% by weight. S 40.6 SAMPLING AND TZSTING Methods of sampling portland cement and high early strength portland cement shall be in accordance with A.6.T.M. Standard m-ethods of Sampling.and Phyaical Testing of Portland. Cement (A.S.T.N,. Designation: C77 -39). Ia9ethods of sampling aggregates shall be in accordance with A.S.T.M. Tenta- tive Methods of Sampling Stone, Slag, Gravel, Sand and Stone Block for Use as Highway eiaterials Including Some Material Survey Methods (A.S.T.M. Designation: D75 -39T). Portland cement and high - early- strength portland cement shall be tested in accordance with A.d.T.M. otandard vethods of Sampling and Physical g'-'40 - 2 Testing of Portland Cement (A.S,T.P?, Designation: C77 -39). Fine and coarse aggregate shall be tasted in accordance -ith the _ following: (a) Gra3in --- A,S,T.Ni. Sta- rr.z.•rd i:atl_od of Test for Sieve Analysis of Fine �.nd Coarse Ag,cragate (A.S.T.M, Designation: C136 -39). (b) Uni3orrni.t< _ of Cre17 inA _ --ri nen�ss I -Sodul us T he fineness modulus of the aggregate shall bo det^3:viined by adding the total percentages retained on the f ollo,:iag U.S. St.-_ndard sieves and dividing by 100: 3 -in„ 1• -in., 3 /l, -i.n. , t]o. 1;, ;'o, �, :;0.16, To. 30r No. 50, and No. 100, (c) Organic- ImouriV.as -- ..S.T, M. St _iid.=rd. Method of Test for Organic Impurities in &ands for Ooncrate (A,S,T.M, Desi „nation; C40 -33). (d.) Coal and Lignite--A,S.T, ii, St;.ndard Method of Test for Coal and Lignite in Sand (A. T.11. Desigr,ftion: 0123 -39), (o) Fineness --- `L.S,T.M, St..nd,.rd liethod of Test for Amomit of 11).tmial Finer th.:n ado. 200 sieve in Aggregates (A.S.T,ii, Designation 0117 -37). (f) ,air Lrnias T'e parcent..gos of clay lumps hhall be determined by oxami.ing the verious fractions -h'ch remain after the to-,t for grad! ng, Aay particles t' -at can be broken up ith,the fingers shall be classified as cla;- heaps and the tots.l percentages by weight of all clay lumps shall be deter. ino -., on t•,iu basis of the total original Freight of the sample. (g) iortnr Str•'+neth-- A.S.T.ii, Stcn&xd iiet',iod of Test for Structural. Strength of Fine Ag• regcte Using Constant tdator- Cement -Itaio Mortar (A,S,T.M. Designation: C87 -39). S 40,7 CMICRETE PR0P0RTI01;7_G It is the intent of -this spccifia:tion to secure, for every part of the work, concrete of hor.,ogeneous 7tructu e which, when hardened, ;gill have the required strength and resistance to weathering. To this end, the limiting strengths and wc.tor contents shorn in Table A are Spec'fied. The values given in Table A arc bL�:scd on the use of normal nortland ccmont aggragctes, and wLiter which meet the requirements f this specification, Table A Minimum Allo *.cable Strength TL=imum iillo-*aa'.e Not iiinimum Cement Class Compre -sive at 2O Da;,s; . -ater Content Per Sack Content aac'cs P. s,i. __ - of Cement; gallons _nrr cIIbic yard A - 3000 - 6.00 5 B 2500 5.75 4z C 2000 7.50 4 D 1500 - - --- - -- _ 8.25 - - -- — 3. 5 -40 -3 The strengths shall be determined in accordance with the requirements of 5 40.10. The maximum allowable net water content is the total water in the mixture at the time of mixing, not including the water absorbed by the aggregates. The proportions of cement, aggregates, and water necessary to produce con- crete conforming to the requirements of Table A shall be d'termined by means of laboratory tests of concrete made with the cement and aggregates to be used on the work. At least 35 days prior to the beginning of concrete work the Contractor shall submit, for approval, samples of the materials he proposes to use. Prior to the beginning of work he shall also submit a statement of the proportions proposed for the concrete mixture. This shall be accompanied by a report in detail from an approved testing laboratory or inspection service showing for at least 3 different water contents the 7 -day and 28 -day concrete strengths obtained when using the materials pro- posed for the work. The strength determinations shall be based on not less than 5 concrete test specimens for each age and for each water content. The Engineer shall have the right to make check tests of concrete, using the same materials, and to order such changes as may be necessary to meet the requirements of the specifications. The ratio between the 7 -day and 28 -day strengths established by the pre- liminary tests shall be used to determine the 7 -day strengths necessary to satisfy the 28 -day strength requirements of 'Table A. This ratio shall be modified as the work progresses as may be indicated by the results of tests made. In the event that the Contractor furnishes reliable test records of con- crete made with materials from the same sources and of the same quality in connection with current work, all or a part of the strength tests specified hereinbefore may be waived by the Engineer. The concrete shall be of such consistency and composition that it can be worked readily into the corners and angles of the forms and around the reinforcement without permitting the materials to segregate or free water to collect on the surface. Subject to the limiting requirements of Table.A, the Contractor shall adjust the proportions of cement and aggregate as may be necessary to produce a mixture which will be easily placeable at all times, due consideration being given to the methods of placing and compact- ing used on the work. Ahen high frequency mechanical vibration is used for compacting concrete, the limiting consistencies in Table A may be modified subject to the approval of the engineer. The Proportions and consistencies, however, shall be such that with the vibratory equipment in use the full require- ments of workability shall be satisfied. If, daring the progress of the work, it is found impossible to secure con- crete of the required workability and strength with the materials being furnished by the Contractor, the l�ngineer may order such changes in pro- portions or materials, or both, as may be necessary to secure the desired S 40-4 properties, subject to the limiting requirements shown in Table A. Arty changes so ordered shall be made at the Contractor's expense, and no extra compensation will be allowed by reason of such changes. If, during the progress of the work, the Contractor desires to use materials other than those originally approved, or if the materials from the sources originally approved change in characteristics, he shall submit for approval, evidence satisfactory to the Engineer that the new combination of materials will produce concrete meeting the requirements shown in Table A, and will not bring about objectionable changes in the color or appearance, of the structure. Regardless of the limitations of Table A. at any time during the progress of the work, the owner shall have the right to make such changes in the materials or proportions, or both, as he may consider necessary to meet the requirements of the structure. In such case, the Contractor shall be compensated in ac- cordance with the terms of the contract for the additional cost of materials and additional handling and placing costs, if ally, entailed by changed materials or mixtures, or both, which are not covered by the specification requirements shown in Table A for the respective portions of the work in- volved. When high early strength portland cement is used in lieu of normal portland cement, the requirements given in Table A shall apply, except that the "Minimum allowable strength at 28 days" specified for normal portland cement shall be the minimum allowable strength at 7 days. The ages at time of test specified in S 40.7 shall be 3 days and 7 days in lieu of the 7 -day and 28 -day ages specified for normal portland cement. S 40.8 M71im The mixing equipment shall be capable of combining the aggregates, cement, and water within the specified time into a thoroughly mixed and uniform mass, and of discharging the mixture without segregation. Unless otherwise authorized by the Engineer, the mixing of concrete shall be done in a batch mixer of approved type which will insure a uniform distri- bution of the material throughout the mass. The equipment at the mixing plant shall be so constructed 'that all materials (including the water) enter- ing the drum can be accurately proportioned and be under control. The entire batch shall be discharged before recharging. The volume of the mixed material per batcli shall not exceed the manufacturer's ratod capacity of the mixer. Except as qualified hereinafter mixing of each batch shall continue for the periods indicated below, during which time the drum shall rotate at a peri- pheral speed of about 200 feet per minute. The mixing periods shall be measured from the time when all of the solid materials are in the mixer drum, provided that all of the mixing water shall be introduced before one - fourth of the mixing time has elapsed. Mixing time shall be as follows: 1. For mixers of a capacity of one cubic yard or less - -1 minute. 2. For mixers of capacities larger than one cubic yard, the time S 40-5 Of riyin ;! shall be increased 15 i3cco,,Ids for each additional half -cubic .lard cadacity or fraction thereof. Truck mixers, unless otherwise authorized by the Engineer, shall be of the revolving drum type, watertight, and so constructed that the concrete can be mixed to insure a uniform distribution of materials throughout the m ass. All solid materials for the concrete shall be accurately measured and charged into the drum at the proportioning plant - Except as subsequently provided, the truck mixer shall be equipped with a tank for carrying mixing water. Only the prescribed amount of water shall be placed in the tank unless the tank is equipped with a device by which the quantity of water added can be readily verified. The mixing water may be added directly to the batch, in which case a tank shall not be required. Truck mixers may be required to be provided with means by which the mixing time can be readily verified by the Engineer. The maximum size of batch in truck mixers shall be in accordance with the specified rating. Truck mixing shall be continued for not less than fifty revolutions after all ingredients, including water,'are in the drum. The speed shall not be less than 4 r.p.m., nor more than a speed resulting in a peripheral velocity of the drum of 225 feet per minutes Not more than 150 revolutions of mixing shall be at a speed in excess of 6 r.p.m. Mixing shall begin within 30 min- utes after the been added either to the water or aggregate. YVhen a truck mixer, or an agitator provided with adequate mixing blades, is used for transportation, the mixing time at the stationary machine mixer may be reduced to 30 seconds and the mixing completed in a truck mixer or agitator. The mixing time in the truck mixer or agitator equipped with ade- quate mixing blades shall be as specified for truck mixing. Concrete transported in a truck mixer, agitator, or other transportation device shall be discharged at the job within l; hours after the cement has been ,added to the water ,or. the aggregates The 11 r um volume of mixed concrete transported_ in _an agitator shall be i fied rating. n accordance with the speci- When hand ,w ring`Is authorized it shall be done. on a watertight..,platform and in ,such a mariner as_ta.insure,a uniform distribution of the materials i. t Fs•oughout the. mass.. Mixing shall be continued.unt,il,a homogeneogs "mixture." of the required consistency .is obtained..,. The retempering of concrete or mortar which has .partially hardenedl that is, mixing with or without additional cement-, aggregate, or-water, will not be S 40.9 PLAbING CONCRET$ Before ' beginning, placement. of.concrete,.hardened concrete .and Foreign materials shall be removed from the "inner surface of the mixing and conveying,equipment. Before depositing concrete, debris shall be removed ;from..the space to be ae- cupied by the concrete; forms shall be thoroughly oiled., l�einforcement.,shall be thoroughly secured in ,position and a??roval,by the Engineer "obtained be fore concrete is placed. s 40-6 All water shall be removed from the space to be occupied by the concrete before concrete is deposited, unless otherwise directed by the Engineer. Any flow of water into an excavation shall be diverted through proper side drains to a sump, or be removed by other approved methods which will avoid washing the freshly deposited concrete. If directed by the Engineer water vant pipes and drains shall be filled by grouting or otherwise after the concrete has thoroughly hardened. Concrete shall be handled from the mixer, or in the case of ready -mixed con- crete, from the transporting vehicle, to be placed of final deposit as rapidly as practicable by methods which shall prevent the se.>aration or loss of the ingredients. Under no circumstances shall concrete that has partially hardened be deposited in the work. Concrete shall be deposited in the forms as nearly as practicable in its final position to avoid rehandling. It shall be so deposited as to maintain, until the completion of the unit, a plastic surface approximately horizontal. Forms for walls or thin sections of con- siderable height shall be provided with openings or other devices that will permit the concrete to be placed in a manner that will prevent segregation and accumulations of hardened concrete on the forms or metal reinforcement above the level of the concrete. Concrete, regardless of the type of transporting vehicle, shall have when de- posited in the forms the quality required. vdhen concrete is conveyed by chutes, the equipment shall be of such size and design as to insure a continuous flow in the chute. The chutes shall be of metal or meta], lined and the different portions shall have approximately the same slope. The slope shall not be less than one vertical to two horizontal and shall be such as to prevent the segregation of the ingredients. The discharge end of the chute shall be provided with a baffle plate to prevent segregation. If the distance of the discharge end of the chute above the surface of the concrete is more than three times the thickness of the layer being deposited, but not more than 5 feet above the surface of the concrete, a spout shall be used, and the lower end maintained as near the surface of deposit as practicable. Nhen the operation is intermittent, the chute shall discharge into a hopper. The chute shall be thoroughly cleaned before and after each run and the debris and any water used shall be discharged outside the forms. Concrete, during and immediately after depositin& shall be thoroughly com- pacted by means of suitable tools. For thin walls or inacessible portions of the forms, where spading, rodding, or forking is impracticable, the con- crete shall be worked into place by vibrating, or hammering the forms lightly opposite the freshly deposited concrete. The concrete shall be thoroughly worked around the reinforcement, and around embedded fixtures, and into the corner of the forms. Accumulations of water on the surface of the concrete due to water gain, segregation or other causes, during placement and compacting, shall be pre- vented as far as possible by adjustments in the mixture. Provision shall be made for the removal of such water as may accumulate so that under no circumstances will concrete be placed in such accumulations. 5 40 -7 Concrete may be compacted by mechanical vibration. khen mechanical vibration is used the number and type of vibrators shall be subject to the approval of the Engineer. Concrete shall be deposited continuously, or in layers of such thickness that no concrete will be deposited on concrete which has hardened sufficiently to cause the formation of seams and planes of weakness within the section. If a section cannot be placed continuously, construction joints may be located at points as provided for in the drawings or as approved by the Engineer. Before depositing new concrete on or against concrete which has hardened, the forms shall be retightened. The surface of the hardened concrete shall be roughened as required by the Engineer, in a manner that will not leave loosened particles of aggregate or damaged concrete at the surface. It shall be thoroughly cleaned of foreign matter and laitance, and saturated with water. To insure an excess of mortar at the juncture of the hardened and the newly deposited concrete, the cleaned and saturated surfaces, including vertical and inclined surfaces, shall first be thoroughly covered with a coating of mortar or neat cement grout against which the new concrete shall be placed before the grout has attained its initial set. dhen it is necessary to deposit concrete under water, the methods, equipment, materials, and proportions of the mixture to be used shall be submitted to and be approved by the Engineer before the work is started. S 10.10 CURING OF CONCRETE When not otherwise specified, all exposed concrete surfaces when not pro- tected by forms, must be kept constantly wet for a period of not less than 4 days after concrete is placed, when normal Portland cement is used, and not lass than 48 hours when high early strength portland cement is used. 'i7aid surface applications to .prevent or minimize evaporation may be used in lieu of wet curing only when approved by the Engineer. S 10.11 FIELD TESTS OF CMiCRETE During the progress of construction, the Engineer will have tests made to determine whether the concrete as being produced complies with the standards of quality specified. The Contractor shall cooperate in the making of such tests to the extent of allowing free access to the work for the selection of samples and storage of specimens, and in affording protection to the specimens against injury or loss through his operations. Three cylinders or beams will generally be made for each class of concrete used in any one day's operation. In special cases this normal number of control specimens may be exceeded when in the opinion of the Engineer such additional tests are necessary. The Contractor, however, shall not be re- quired to furnish for such additional tests more than 2 Cu. ft, of concrete from each 100 cu. yd. of concrete being placed. Samples of concrete for test specimens shall be taken at the mixer, or in the case of .ready mixed concrete, from the transportation vehicle during discharge. Whin, in the opinion of the Engineer, it is desirable to take samples else- where, they shall be taken as directed by him. The test specimens shall be 5 hG -8 molded immediately after the sample is taken, placed in a protected spot and kept under moist curing conditions at approximately 700 F for 24 hours, whereupon they shall be removed to the testing laboratory. In the laboratory they shall be kept under standard moist curing conditions at 700 F (plus or minus 50 F) until time of test and shall be tested in the damp condition. The tests shall be made at the age of the concrete corresponding to that for which the strengths are specified in Table A. For compression tests, the size of cylinder and the manner of molding, capping, and testing shall be in accordance with the A.S.T.M. Standard Method of Test for Compressive Strength of Concrete (A.S.T.M. Designation: C39 -39). s 40.12 FAILURE TO MEET STRENGTH REQUIREMENTS Should the strengths shown by the test specimens made and tested fall below the values required, the Engineer shall have the right to require changes in proportions as outlined in S 40.7 to apply on the remainder of the work. Furthermore, the Engineer shall have the right to require additional curing on those portions of the structure represented by the test specimens which failed. In the event that such additional curing does not give the strength required the Engineer shall have the right to require strengthening or removal and replacement of those portions of the structure which fail to develop the required strength. The specimens will oe considered to have failed when the average strength for any period of placing is less than the values indicated in the following table: No-Days onsecutive P acing Per Cent of Strength Specified of Any One Class of Concrete 1 85 2 90 5 or3more 100 When additional curing of portions of the structure is ordered by the Engineer, it shall be done at the Contractor's expense and no claim for extra compensation for such additional curing shall be allowed. Such additional curing shall consist in an extension of the periods of protection specified as may, in the judgment of the Engineer, be necessary. In no case, however, shall t1le Contractor be required to provide such additional curing beyond a total of 21 days, except where the average strengths of specimens, represent- ing concrete placed on arW three consecutive days, fall below 80 per cent of the value specified in Table A. In this case, curing shall be continued until cores drilled from portions of the structure involved show an average strength equal to that specified in Table A. Cores for this purpose shall have a diameter of approximately three times the maximum size of aggregate and shall be secured, capped, and tested in accordance with Standard Methods of Securing Specimens of Hardened Concrete from the Structure (A.S.T.M. Designation: C42 -39). s 40.13 MEASURFIENT 'here concrete is listed as a separate contract -pay item, measurement for payment will be made by the cubic yard of the acceptable concrete, of the class specified, complete in place. Nhere concrete is not listed as a separate pay item, the concrete furnished under this specification will not be paid for directly but shall be included in the unit price bid for monolithic sewer, manholes, inlets, or other per linear foot or lump sum structure. S 40.14 PAYizw Where concrete ira listed as a separate contract pay Item, payment vrill be made at the contract unit price bid >er cubic yard for the number of cubic ,yards placed in accordance with the plans and specifications. Such unit price bid will be the total compensation for all labor, materials, tools, equipment, forms, falsework, sheeting, shoring, bracing, pumping and all other incidentals necessary to complete the work. 3 40 -10 S 53 CONCRLTE SIDWALKS S 53.1 DESCRIPTION: This specification shall govern for the construction of sidewalks composed of Portland Cement Concrete on an approved sub - grade. Sideval._s shall be constructed in accordance with tho details in the plans and to the line and grade established by the Engineer. S 53.2 MATERILS: All sidewalks shall be constructed of "Class A" Concrete, and shall conform to the requirements as specified under S 40 Portland Cement Concrete. Expansion Joints shall conform to the requirements as specified under "Expansion Joint Filler ". S 53.3 CONSTRUCTION METHODS: The sub -grade shall be excavated and shaped in conformity with the typical sections shown on plans and, to the linos and grades as established by the Engineer. All soft and yielding or other unsuit- able materials shall be removed and replaced with selected materials, and the subgrade shall be thoroughly compacted and finished to a firm, smooth surface, all to the satisfaction of the Engineer. Expansion joints shell be placed as shown on the plans and shall be placed at all direction changes of the wal1c. There sidewalk abuts a curb or retaining -all, expansion joint shall be placed along their entire length. Sidewalks shall be marked with an appropriate trans- verse marking tool at intervals not to exceed the width of the sidewalk. Forms for sidewalk construct�on, if of wood, shall be of not less than 2" commercial lumber well staked and braced to maintain line and grade after concrete is deposited in the forms. Lumber shall be free of -,rarps and defects and the top surface of such forms shall be smooth enough to permit the use of a screed or straightedge. If steel forms are used they shall be true to line and grade, and shall be cleaned and oiled before each subsquent use. No concrete shall be placed unless the subgradc and forms have been checked and approved by the Engineer. Concrete shall be deposited on a moist subgrade. During placing the concrete shall be thoroughly spaded next to the forms and shay. be carefully tamped, using an approved tamper. Excess water, laitance, or other inert taterials shall be floated frost the surface. After the concrete has taken its initial set and is ready to receive a finish it shall be dusted with an approved mixture of cement and sand and trowled smooth with a steel trowel, and brushed with a broom or stiff brush to leave a semi- smooth finish. All edges shall be rounded with an appropriate edging tool. The application of cement to the mortar surface in order to absorb excess crater or to hasten the setting wil'_ not be permitted, S -53 -1 When completed, the sidewalks shall be covered with approved curing mats or 2 thicknes::es of 10 to 12 ounce burlap and kept thoroughly wet for a period of 4 days at which time covering may be removed. Other methods of curing must meet the approval of the Engineer prior to use. After the during is completed and before the -elk is open for traffic the Contractor shall remove all surplus excavation, ;caste concrete, wood forms and braces and any and all surplus materials used in construction or left over from such construction It shall be his responsibility to dispose of any such materials a--ay from the site of the work or as directed by the Engineer. He shall dress and finish the area immediately adjacent to each side of the completed walk and leave the surface in a condition that will not inpede the natural drainage of surface eater toward the curb or ditches. The Contractor's attention is especially directed to the fact that excavated materials mustnot be placed in adjacent ditches, but shall be disposed of in a manner satisfactory to the Engineer. S 53.4 EXTRA DEPTH XKC.-VATION: ?then bid as a separate item the following hall govern: Where the total depth of excavation exceeds seven (7) inches for any appreciable distance, the contractor shall notify t'ie Engineer, who shall make measurements and calculate the number of cubic yards removed in excess of the 7" depth. The contractor shall. be entitled to compensation for the extra material removed at the unit price bid per cubic yard for "Extra Depth Excavation ". S 53.5 PC ,SUMMIT: All iiork and accepted material as proscribed by th__s item will be measired by the square foot of surface area of completed sidv,alk. S 53.6 PAYM:T: Payment for all •pork performed under this specification shall be at unit price bid for "Concrete Sidewalks" or for "Extra Depth Excavation" and shall be full corpensation for aL work and materials, including expansion joint materials, and ot'.er items necessary to complete the contract. S -53 -2 NOTICE THE FOLLOWING BLANK. SPACES IN THE CONTRACT AND BONDS ARE NOT TO BE FILLED IN BY THE BIDDER AT THE TIME OF SUBMITTING HIS PROPOSAL. THE CON- TRACT AND BOND FORMS ARE SUB1IITTED AT THIS TIME TO FANILIARIZE THE BIDDER WITH THE FORM OF CON- TRACT AND BONDS WHICH THE SUCCESSFUL BIDDER WILL BE REQUIRED TO EXECUTE. THE STATE OF TEXAS II COUNTY OF NUECES Q g 7,® THIS AGREEMENT, made and entered into the day of 195Q, by and between the City of Corpus Christi, Of t1W Count4r of Nueces, and State of Texas, acting through its City Manager, thereunto duly authorized to do so, Party of the First Part, termed in the Contract Documents as the "Owner ", and is as Witnesseth: Whereas, in consideration of the sums for the base bid as specified in the Proposal to be paid by the Owner to the Contractor at the time and in the manner hereinafter provided, the said Contractor has agreed and does hereby agree, to furnish labor, tools, equipment and material and to construct complete in every detail, to -wit: in the City of Corpus Christi, Tess, as shown on the plans, all to the satisfaction of the Owner and in compliance with the Proposal, General Conditions of the Agreement, Performance Bond, Definitions, Special Provisions and Speci- fications, and in accordance with the plans, which include all the maps plats,blueprints,and other drawings, and printed or written explanatory matter thereof, all of which are made a part hereof and collectively constitute the entire contract and except for the plans, are bound here- with and entitled "Contract Documents" and are as much a part of this Agreement as though copied verbatim herein, AND FOR SAID CONSIDERATION, IT IS FURTHER PARTICULARLY AGREED BETWEEN THE PARTIES OF THIS AGREEMENT; le That the Contractor agrees to begin work of construction within ten (10) days after being notified in writing so to do but shall not be required to commence said work until the proceedings provided by Article 1105 -B of the Revised Givil Statutes of the State of Texas, as amended and the City Charter of the City of Corpus Christi, and all resolutions and ordinances assessing against the property abutting upon said streets and the owner thereof, and the owners of railways, and street railways and interurban occupying same, the portion of the cost of said improve- ments which is to be assessed against the said ownera,and their property -1- as herein provided, The Contractor agrees to prosecute said work dili- gently and uninterruptedly after commencement, excepting as shall otherwise be ordered in writing by the City Engineer of said City, and shall be finished and fully completed within � Off' (calendar) days thereafter, the time of beginning, rate of progress and the time of completion being essential conditions of this contract. In defaulting thereof the Contractor shall be liable for liquidated damages as provided for in the Contract Documents, 2, That said work and material for the project covered by the Contract Documents shall be completely installed and delivered to the Owner within the time above stated, clear and free from any and all liens, claims and demands of any kind whatever for materials, equipment, supplies, labor, accidental death or otherwise. To insure prompt, faithful, suf- ficient and complete performance to this Contract on its part, the Contractor has attached hereto and hereby makes a part hereof a bond satisfactory in all respects to the Owner. Said bond in the full amount of the contract price is to insure the faithful performance of the con- tract under all conditions laid down by it and Contract Documents covering equipment furnished, labor employed, workmanship, material, time of completion and delivery. Said bond shall hold and keep Owner harmless and free from all liens, claims, patent infringements, liability, demands and expenses of every kind and nature for any accident or injury to any person or persons, or property, occasioned by or resulting from the prosecution of the work pursuant to the terms of the contract, 3, The Contractor shall be paid for the performance of all of the work, as aforesaid, the unit prices set out in full in the Contractors bid proposal, a copy of which is hereto attached and made a part of this contract. And it is understood that payments of the said amounts, except where otherwise provided in this contract, shall be given and received as payments in full for all the work and material described generally in this contract and herein stipulated to be done and furnished by the Contractor, and said prices herein named shall be considered as including and comprehending the completion of the whole work, hereincontracted for, together with the payment of and for all the labor and materials and all appliances and appurtenances and all detail work as described generally herein. The bids herein being made for a complete work and not for parts of work, 4. All extra work not bid upon in the proposal which may be required to be done under this contract, shall be paid for as provided by the specifications hereto attached, 5. Said compensation shall be paid to the said Contractor, and at the time and in the manner, as follows, to -wit-. (a) That the City of Corpus Christi shall pay to the Contractor all of the cost of the construction, within the intersection of said streets with other streets and alleys, All payments to be made by the City to the Contractor shall be upon the written estimates of the City Engineer, eighty -five percent (85 %) of which estimates shall be payable within the time after said estimates are furnished as provided for in the attached General Require- ments, fifteen percent �15 %) being retained and reserved until the com- -2- pletion of the work and its acceptance by the City, and no estimates shall be given at any time, except upon such portions of the work as has been actually completed and upon acceptable nonperishable material delivered to the work as hereinafter provided for in the said General Requirements. In making said estimates the City Engineer shall separately estimate the amount of work and labor done, chargeable against the City of Corpus Christi, Texas, and against the Owners of property abutting on said street, under the terms of the contract. When the entire work has been completed, and accepted by the City, the whole amount payable by the City of Corpus Christi, Texas, shall then be paid to the Contractor, including all sums held back in reserve from prior estimates, under the terms hereof. All estimates paid to the Contractor during the progress of the work shall be based upon the City of Corpus Christi, Texas' portion of the cost of said paving, and no portion of the paving certificates to be taken by the Contractor shall enter into said estimate nor shall any part of the assignable paving certificates to be issued to the Contractor be paid until after the paving has been completed and accepted in accordance with the terms and provisions of the contract. (b) That the owners of property abutting upon said streets named shall pay to the Contractor the whole cost of construction in front of their respective property. Should the amount to be paid by said property owners, and which may be assessed against said abutting property and its owners, result in individual cases in an assessment in excess of special benefits received from said improvements, then said council shall adopt such rule of apportionment as shall effect substantial equality between said owners, considering the benefits received by and burdens imposed upon them and their property, That the portion of the cost of said improvement, which shall be pay- able by the owners of said abutting property, shall be paid within twenty days (20) after the completion of said improvement, and the acceptance there- of by the City, either all in cash, or fifty percent (50 %) cash within twenty days (20) after the completion of said work and its acceptance by the City, and fifty percent (50 %) on or before one year, after completion of said work and its acceptance by the City, with interest from day of such com letion and acceptance by the City until paid at the rate of five percent (5 %) per annum. That the amount to be paid by each owner of property abutting upon said street shall be secured by a lien upon said property and a personal claim of liability against the owner thereof in the manner hereinafter set forth, and to accomplish equality and justice between the owners of said property, and to secure the pavement of said sums, the City binds itself to pass all the necessary ordinances and resolutions, and to take all the necessary steps provided by law, charter, or by the ordinances of said City, in such cases made and provided, that may be necessary or proper to assess upon the several parcels of prcperty abutting said street, the several sums payable by the owners thereof under the terms hereof, and to pass all ordinances and resolutions necessary and proper to fix same as a personal claim or liability against the said owners, in compliance with law, charter, and with the terms of said ordinance; and further agree, that in the event that any error or invalidity shall appear in tha proceedings with reference to said improvement, or in the assessment -)f said cost, or in fixing any personal liability against the owners of said property, or in any other matter or thing affecting the validity of said assessment or claim, then the City shall pass all resolutions or ordinances, and shall take all steps -3- necessary or allowed by law, charter, or its ordinances for the purpose of correcting such errors or invalidities and re- assessing said cost against said property, and fixing said personal claim or liability against the owners thereof; but it is expressly understood and agreed that no assessment shall be made against any property or its owners until after the notice and hearing provided by law and the ordinances of the said City and in no event shall any assessment be made against any such property or its owner in excess of the benefits thereof in the enchanted value thereof, caused by such improvement. It is expressly agreed that said City shall not in any manner be liable to the said Contractor for any part of the cost of said improvements herein designated to be paid by owners of abutting property, but for such portion the Contractor shall look alone to the said owners and their property, and that the said owners and their property, and that the said City does not in any manner guarantee the collection thereof, nor shall it become in any manner liable for the cost of collect- ing the same, nor in enforcing the lien thereon, but the City agrees to do all acts, and pass all ordinances and resolutions required and permitted by law or its charter, for the purpose of assisting said Contractor or assigns in collecting or enforcing the payment of the said cost against said owners and of said lien against said property. The City agrees that it will, upon completion and acceptance of said improvements, cause to be issued to said Contractor assignable certificate, setting forth and declaring the amount to be paid by each of said owners and assessed against his property and the times and terms of said payments, in accordance with this contract. It shall be sufficient compliance herein if said certificate shall describe lots and parcels of property by number and block, or such other descriptions as may identify same with reference to any other fact recited, and by the name of the apparent owner; and if the owner is unknown, or if the property is owned by an estate it will be sufficient so to state the fact, Said certificate shall provide if the sum shall not be paid, that they shall be collectible with reasonable attorney's fee and all costs, if same have been incurred, and said certif- icate shall bear interest from date of completion and acceptance of said improvement by the City at the rate of five percent (5 %) per annum, Said Certificates shall provide that failure to pay the same, or any part there- of, when due shall at the option of the holder thereof, mature said certif- icate, and the entire unpaid portion shall become due and payable immediately. The City shall not in any manner be liable for the payment of any sum mention- ed in the said certificates, or for the costs of collecting or enforcing same, but the City shall, whenever demanded by the Contractor or holder of sa_d certificates, fully executed all powers conferred upon it by law, charter or its ordinances to aid the enforcement, of the lien securing same, and the collection of the same. But it shall not be liable in damages for any failure to collect said certificate or enforce the lien thereon. The said certificate shall recite that the proceedings with reference to making such improvements have been regularly done in compliance with law, and that all prerequisites to the fixing of said assessment lien against the property described therein, and the personal liability of the oUmer, have been per- formed and such recitals shall be prima facie evidence of the fact so recited, and no further proof thereof shall be required in any court. (Should it be necessary to collect such ce ^tificates by suit, it shall be done by the Contractor at his own and entire cost and expense.) 6. The Contractor shall not be obliged to make any of the improvements herein mentioned in front of any property, which is exempt from the enforce- ment of the lien for the cost of such improvement, but shall be entitled to omit the construction of such improvement in front of such property, unless the owner of said property shall first satisfactorily secure the amount which would be assessed against the same were it not exempt. 7. All provisions of Article 1105 °B of the Revised Civil Statutes of the State of Texas, as amended, and all provisions of the Charter and Ordinances of the City relating to public improvements, and all resolutions and ordinances passed by said Council to effectuate said improvements and this contract are here referred to and made a part hereof. 8. This contract is executed in six (6) counterparts. IN WITNESS WFEREOF, said parties hereto have hereunto set their hands and seals r.t Corpus Christi, Texas, the day and year first above written. ATTEST: City Secretary APPROVED AS TO LEGAL FORM City Attorney® ATTEST: \Si 2.' W1 S-L a 22 -5- CITY OF CORPUS CBRISTI PVjy of the First Part S. By ,. Ce d le,, City Manager Party of the Second Part 1� (Contractor) �Y i J� Le-1 , .� , e 5 M De- R CJ . -V + K PV tam a 7 Cep A s A. L 7es�a5 Address STREET IMPROVEMENTS SIDEWALK CONSTRUCTION ITEM QUAN- DESCRIPTION PRICE TOTAL NO. TITY UNIT AND PRICE IN WORDS FIGURES AMOUNT 1. 405,750 Sq. For concrete sidewalk, complete ft. in place, the sum of /i/a Dollars and Q' Cents —,-' ze 54 n souare foot. TOTAL BID A /I SIDEWALK CONSTRUCTION SCHEDULE E. side Alameda St. from Proctor St, to Glazebrook St. S. s_ds Minlasota Avenue from bzstin St. to Santa Fe St, W. side Lawnview St. from Chamberlin St, to Texas Avenue E. side Topeka Street from Mirnesota Avenue to Glazebrook Street E. side Topeka Street from Harrison Street to Texas Avarrae W. aide Tcpeka Street ft^nm Harrison Street to Texas Avenue: E. side Brownlee Boulevard from Southern St, to S. Staples Street N. side Roosevelt Dr. from Ayers Street to Ramsey Street S side Roosevelt Drive from Ayers Street to Ramsey Street S. side Ramsey St. from Roosevelt Dr. to S. W. property line, Sam Houston School E. side Clark Drive from Roosevelt Drive tc Normandy Drive W. side Clark Drive from Nor-`.on Street to Normandy r --i-re S. side Norton Street from Ramsey Street to Naples Street W. side Narles Street from Norton Street to Price Street E. side Logan Avenue from Normandy Drive to Florida Avenus �i. side Logan ,?vanue from Normandy- Drive to Florida Avenge W. side Florida Avenue from-Logan Avenue to York Avemre W. side S. Staples Street from Florida Avenue to 15h Street W. side S. Staples Street from IZth. Street to Brownlee Boulevard W. side S. Staples Street from 12th Street to S. Alameda Street. W. side 16th. Street from S. Staple;? St. to McKenzie Street W. side 16th. Street from Elizabeth Street to Morgan Avenue E, side 16th Street from S. Staples Street to Morgan. Avenue E. side 19th. Street from Bay Terrace #2 tract line to Prescott Strut N. side Elizabeth Street f2cm 18th. Street to 19th Street S. side Elizabeth Street from 18th. Street to 19th. Street E. side Prescott Street from S. Port Avenue to Tarleton Street e1® E. side Prescott Street from Baldwin Boulevard to 18th. Street W. side Prescott Street from S. Fort Avenue to 19th Street E. side Sarita Street from Baldwin Boulevard to Francis Street W. side Sarita Street from Baldwin Bnvlevari to Francis Street E. side Ayers Street from Watson Street to Clemmer Street E. side: Ayers Street from Richard Street to Pri^:e Street E. se e dyers Street from Baldwin Boulevard to 13th. Street S. side iarlston Street from Naples Street to Ayers Street N. side Edwards Street from Naples Street to Ayer3 Street N. side Morgan Avenue from Airport Road to Guatemozin Street N. side Morgan Avenue from Balboa Street to S. Port Avenue N. aide Celemen Avenue from JS3th. Street to 22nd. Street S. side Colema:; Avenue, from 1-9th Street to 22nd. Street F. viwe Mary Street from Brownlee Blvd. to 19th. Street S. side Mary Street frcrn Brownlee Blvda to 19th Street 11. side Brown2ep Blvd. frog. Buford Street to Agnea Street Z. side, Brownlee Blvd. from Morgan Aveirae to Agnes Street E. side litre. Street from Booty Street to Buford Street W. aide 11th. Street from Booty Street to Buford Street E. side S. Alameda Street from Ayers Street to Craig Street W. side S. Alameda Street from Ayers Street to Craig Street E, side S. Alameda Street from Buford Street to B'anco:,k Street E. ode S. Staples Street from S. Al=eda St. to Elizabeth Street W. side S. Staples Street from S. Alameda Street to Elizabeth Street E. side S. Staples Street from Morgan Avenue to Buford Street W. side S. Staples Street from Morgan Avenue to Bufe,d Street E. side S. Staples Street from Furman Avenue to Park Avenue E. side S. Staplea Street from Mary Street to Marqu.erite Street W. aide S. Staples Street from Coleman Avenue to Pate Avenue —2— E. side Santa Fe Street from Booty Street to Elizabeth Street W. side Santa Fe Street from Elizabeth Street to Craig Street E. side Santa Fe Street from Craig Street to Buford. Street S. side Elizabeth Street from 11th. Street to S. Alameda Street N. side Elizabeth Street from filth. Street to S. Staples Street S. side Craig Street form Brownlee Blvd. to 10th. Street N. side Craig Street from Brownlee Blvd. to 11th. Street S. side Craig Street from 6th. Street to 7th. Street N. side Craig Street from Santa Fe Street to 3rd. Street N. side Craig Street from Ocean Drive to 2nd. Street S. side Craig Street from Ocean Drive to 2nd. Street N. side Buford Street from 10th. Street to 11th. Street S. side Buford Street from 10th. Street to 11th. Street N. side Buford Street from S. Alameda Street to 7th. Street S. side Buford Street from S. Staples Street to Santa Fe Street N. side Buford Street from 2nd. Street to 6th. Street N. side Hancock Street from S. Staples Street to Santa Fe Street S. side Hancock Street from S. Staples Street to Santa Fe Street S. side Mueller Street from Erwin Avenue to Oliver Court . W. side Burke Drive from Up River Road to S. property line, Oak Park School N. side Up River Road from Burke Drive to Frwin Avenue E. side Oak Park Avenue from Up River Road to Leopard Street W. side Peabody Avenue from Antelope Street to Nueces Street W. side Peabody Avenue from Dempsey Street to W. Broadway W. side Brownlee Blvd. from laredo Street to Comanche Street W. side Brownlee Blvd. from Lipan Street to Buffalo Street E. side Brownlee Blvd. from Laredo Street to Buffalo Street W. side Sam Rankin Street from F_oward Street to Comanche Street W. side Sam Rankin Street from Lipan Street to Lake Street W. side Sam Rankin Street from Lobo Lane to W. Broadway —3— E. side Sam Rankin Street from Caldwell Street to Lipa_+± Street F- side Sam Rankin Street from Leopard Street to Buffalo Street E. side Sam Rankin Street from Winnebago Street to Lake Street E. side Sam Rankin Street from Lobo Street to W. Broadway E. side Tancahua Street from Coleman Avenue to Blucher Street E. side Tancahua Street from Comanche Street to Leopard Street W. side Tancahua Street from Kinney Street to Blucher Street W. side Tancahua Street from Comanche Street to Lipan Street E. side Carancahua Street from Park Avenue to Blucher Street S. side Blucher Street from Tancahua Street to Carrizo Street N. side Blucher Street from Tancahua Street to Artesian Street N. bide Caldwell Street from N. Staples Street to Ben Garza Park S. side Caldwell Street from N. Staples Street to Ben Garza Park N. side Mestina Street from Culberson Street to Sam Rankin Street S. side Mestina Street from Culberson Street to Sam Rankin Street S. side Mestina Street from Waco Street to Artesian Street N. side Mestina Street from N. Staples Street to Carrizo Street N. side Leopard Street from Palm Drive to Peabody Avenue N. side Leopard Street from N. Port Avenue to Lester Street S. side Leopard Street from Palm Drive to Lester Street S. side Leopard Street from Coke Street to Sam Rankin Street N. side Leopar,� Street from Clevelanc Street to Coke Street N. side Leopard Street from Culberson Street to Sam Rankin Street S. .side Leopard Street from Alameda Street to N. Staples Street N. side Winnebago Street from Kennedy Avenue to Waco Street S. side Winnebago Street; from Kennedy Svenue to Sam Rankin Street S. side Winnebago Street from N. Stapl.sa Street to Waco Street S. side Winnebago Street from Artesian Street to Tanr —ahoa Street N. side Talinrr bF�go Street from Padre Street to Upper M. Broadway W. si-.',e Timon Blvd. from Burleson Street to St. Nicholas Street E. side Avenue ^G% from Perry Street to Fhyes Street. —4— PERFORMANCE BOND STATE OF TEXAS COUNTY OF NUECES SNOW ALL MEN BY THESE PRESENTS: That we, _i M D, lI a -riz- a I -ae_ of the City of 0a -t a u ,County of _ n , and State of J Y a 5 , 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 City of Corpus Christi, Texas, and to the sub- contractors, workmen, laborers, mechanics and furnishers of material, as their interest may appear, all of wh�o, (mf shall have the SE; to sue Won this bond, (i-, -. a 4 4 ..,n ) v � U� ve v,l ry - �'r2 e, '%1. v in the penal sum of T,�1,k . -A-a f -F, -C4-0 r�(�,'� �rgf"-" )P lawful currency of the U ted States of America, f 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 .7/t' I has on the a, of . 19 , entered nto a c ntract with the City of CcF i t Ted , furnishing all materials, equipment, labor, supervision and other accessories necessary for the construction of certain improvements, as more particularly designated in said Agreement and Specifications hereto attached. NOW, THZ,�tEFORE, If the above bounden shall and will faithfully perform said agreement, and shad and will sn , alt respects duly and faithfully observe and perform all and singular the cove- nants, conditions and agreements in any by said contract agreed and covenanted by the said 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, Texas, as during the original term of same, and shall well and truly pay all subcontractors, workmen, laborers, mechanics and furnishers of material all moneys to them owing by said i ii for sub- contracts, work, labor and material done and furnished or the construction of such improvements, and everything necessary to carry out all of the terms of the contract, for the City of Corpus Christi, Texas, then this obligation shall be and become null and void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, The said has hereunto set his hand, and the said surety has caused these presents to be executed by its duly authorized agent anofficer, and its corporate seal to be hereunto affixed at - =T s / c t �(t r. r oa thi day of r' �IT , 19 SEAL 1 J M��r n� V -ran CONTRACTOR. WITNESS I SEAL ATTEST: TITLE F� ADDRESS NAME OF PERSON FMCUPING ADDRESS TITLE sk-ie+y s - va, brt,, usuaNy 10 5 TYPICAL .SECTION WHERE CURB eGUT TER EXIST i 77777, 7 it 4. 0' F-- 4 L�l� 1 .1 4-17777,77-17 TYPICA'". SEC.TOON' WHERE NO CURB cy( CGUTTE� fbj ,41 TYPICAL 5ECITION 51IDEW/ LK PLACED NEXT TO CURB TO BE USED ONLY WHERE DIRECTED ,,= 2.0' CJV'f Flp' •S —;P-ST - 's TYPICAL SIDEWALK SECTIOII . Y. -0 0 NC. -T c'. ' Cl 1 34", ,v e r a lr. S 30— FE!+ f. Cr" CW COR-'Jl 7-t! P I' TYPICAL 51DEWALK 5EC-TIOINSI