Council Proceedings: August 1, 1907: Part 1 of 2

I, Sam Davidson, Commissioner of Streets and Public Grounds of the City of Fort Worth, hereby recommend and make motion that the Specifications for Vitrified Brick pavement as made by the City Engineer of the City of Fort Worth and attached hereto as Exhibit A be adopted as the plans, specifications, etc., for the construction of said pavements in the streets of said City and that the same be entered of record on pages 515-516-517-518-519-520-521-522 and 523 of Book R of the minutes of the Board of Commissioners.

Respectfully,

Sam Davidson Commissioner of Streets and Public Grounds.

FILED Aug 27 1907 W. J. Estes City Secretary.

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Exhibit "A".

GENERAL CONDITIONS.

1. FORM OF PROPOSAL AND SIGNATURE.- The proposal must be made on the form provided for that purpose and must be inclosed in a sealed envelope marked and addressed as required in the notice to bidders. The bidder must state in words and in figures the unit prices on the specific sums, as the case may be, for which he proposes to supply the materials and perform the work required by the contract. If the proposal is made by an individual it must be signed with the full name of the bidder, whoseaddresss is given; if it is made by a firm it must be signed with the copartnership name by a member of the firm, and the name and full address of each member must be given; and if it is made by a corporation it must be signed by an officer in the corporate name, and the corporate seal must be attached to such signature. No telegraphic proposal or telegraphic modification of proposed will be considered.

2. PROPOSAL.- Blank spaces in the proposal must be properly filled in, and the phraseology of the proposal must not be changed. Additions must not be made to the items mentioned therein. Any unauthorized conditions, limitations or provisos attached to a proposal will be liable to render it informal and cause its rejection. Alterations by erasure of interlineation must be explained or noted in the proposal over the signature of the bidder. When the unit price and the total amount named by a bidder for any item do not agree, it will be assumed that the error was made in computing the amount, and the unit price alone will be considered as representing the bidder's intention. If a bidder wishes to withdraw his proposal he may do so before the expiration of the time during which proposals may be submitted, without prejudice to himself, by communicating his purpose in writing to the officer who holds it. No proposals received after said time will be considered. Bidders are invited to present at the opening of the proposals. The right is reserved to reject any or all proposals, to accept one part of a proposal and reject the other, and to waive technical defects, as the interestsof the city of Fort Worth many require.

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3. CERTIFIED CHECK.- Each bidder must submit with his proposal a certified check for the sum of stated in the notice to bidders, drawn to the order of the Treasurer Auditor of the city of Fort Worth,. The proceeds of said check shall become the property of the city of Fort Worth if, for any reason whatever, the bidder refuses to execute the required contract and bond in case his proposal is accepted. Such Checkswill be returned after the approval of the contract and bond executed by the successful bidder or at the expiration of 45 15 days from the date of opening of the proposals.

4. THE CONTRACT.- The bidder to whom award is made will be required to execute a written contract with the city of Fort Worth and to furnish good and approved bond as herein specified, within ten days after receiving such contract for execution. The contract shall be, in its general provisions, in the form adopted by the City Engineer of the city of Fort Worth, Texas, or copies will be furnished, if desired, to parties proposing to bid. If the bidder to whom an award, is made fails to enter into a contract as herein provided, the award may be annulled and the contract let to the next most desirable bidder in the opinion of the Mayor and Board of Commissioners; and such bidder will fulfil every stipulation embraced herein as if he were the original party to whom the award was made. A copy of the advertisement, proposal, general conditions and detail specifications will be attached to and form part of the contract. A corporation to which a contract is awarded will be required before the contract is finally executed, to furnish certificate as to the corporate existence and evidence that the officer signing the contract is duly authorized to do so on behalf of the corporation.

5. CONTRACTOR'S BOND.- Unless a different sum is specified in the notice to bidders or the proposal, the contractor shall furnish a bond in the sum of twenty per cent of the estimated aggregated payments to be made under the contract, conditioned upon the faithful performance by the contractor of all the convnants, stipulations and agreements in the contract. If at any time during the continuance of the contract the sureties, or any of them, shall die, or, in the

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opinion of the Mayor and Board of Commissioners, become irresponsible, the Mayor and the Board of Commissioners shall have the right to require additional and sufficient sureties, which the contractor shall furnish to the satisfaction of those officers within ten days after notice, and indefault thereof the contract may be suspended by the Mayor and Board of Commissioners and the work completed as provided in paragraph 20.

6. TRANSFERS.- Transfer of a contract or of any interest therein is prohibited by law.

5 6. ENGINEER.- The work "engineer used in these specifications or in the contract, unless qualified by the context, means the City Engineer of the city of Fort Worth, Texas. He will be represented on the work by assistants and inspectors with authority to act for him and direct his work. Upon all questions concerning the execution of the work, the classification of material in accordance with the specifications and the determination of costs, the decision of the City Engineer shall be binding upon both parties.

6 7. CONTRACTOR.- The word "contractor" used in these specifications or in the contract means the person, firm or corporation with whom the contract is made by the city of Fort Worth. The contractor shall give his personal attention to the faithfull prosecution of the work and shall keep the same under his personal control. During the absense of the contractor from the work his foreman or a designated agent shall be held to represent him. When two or more contractors are engaged on work in the same vicinity the engineer shall be authorized to direct the manner in which each shall conduct his work so far as it affects other contractors. Instructions and information given by the engineer to the contractor's foreman or agent on the work shall be considered as having been given to the contractor himself.

7 8. LOCAL CONDITIONS.- Bidders must satisfy themselves as to all local conditions affecting the work, and no information derived from the maps, plans, specifications, profiles, or drawings, or from the engineer or his assistants, will in any way relieve the contract-