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

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ter from any risk or from fulfilling all the terms of his contract. The accuracy of the interpretation of the facts disclosed by borangs of other preliminary investigations is not guranteed. Each bidder or his representative should visit the site of the work and make himself familiar with local conditions; failure to do so when the in all [went?] preparation of bids depend on a knowledge of local conditions may be considered sufficient cause for rejecting a proposals.

10. MORGAGING OF PLANT, ETC.- The contractor shall not under any circumstances give or execute any mortgage, deed of trust or other conveyance or instrument of any description, affecting or intended to affect his right, title, interest or property in or to any plant, machinery, tools, appliances, supplies, materials, or animals that may at any time be used in the prosecution of this contract.

11 9. DAMAGES.- The contractor will be held responsible for and required to make good, at his own expenses, any and all damages, of whatsoever nature, to persons or property caused by carelessness, neglect or want of due precaution on the part of the contractor, his agents or employes,. He must not allow any of his agents or employes to trespass upon premises or lands in the vicinity of the works. He must discharge, at the request of the engineer, anyone in his employ who violates these requirements.

12. SPECIFICATIONS AND DRAWINGS.- The contractor shall keep on the work a copy of the specifications and drawings, and acess thereto shall at all times be accorded to the engineer. Any drawings or plans that may be listed in the detail specifications shall, together with such detail specifications, be regarded as forming part hereof and of the contract. Anything mentioned in the specifications and not shown in the drawings, or shown in the drawings and not mentioned in the specifications, must be done as though shown or mentioned in both. The engineer will furnish from time to time such detail drawings, plans, profiles and information as he may consider necessary for the contractor's guidance.

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13. EXPERIENCE) Bidders must, if required, present satisfactory evidence that they have been regularly engaged in the business of constructing such work as they propose to execute and that they are fully prepared with the necessary capital, machinery and material to begin the work promptly and to conduct it as required by the specifications.

10. CHARACTER OF WORKMEN. – The contractor shall discharge from his service when required by the engineer any disorderly, danger– ous, insubordinate or incompetent person employed on or in the vicin– ity of the works under construction by the city of Fort Worth. None but skilled foremen and workmen shall be employed on work requiring special qualifications.

11. STAKING OUT WORK . – The work to be done will be staked out for the contractor, who shall provide such material and give such assistance as may be required by the engineer.

12. METHODS AND APPLIANCES. – The methods and appliances adop– ted by the contractor must be such as will secure a satisfactory quality of work and will enable him to complete the work in the time agreed upon. If at any time such methods and appliances appear inade– quate, the engineer may order the contractor to improve their character or to increase their efficiency, and the contractor must conform to such order; but the failure of the engineer to order such improvements of methods or increase of efficiency will not relieve the contractor from his obligations to perform good work and to finish it in the time agreed upon.

13. SAMPLES OR SPECIMENS. – The contractor shall submit samples or specimens of any or all materials proposed to be used in the work if required to do so by the engineer.

14. MATERIALS AND WORKMANSHIP.– All materials must be of the specified quality and fully equal to approved samples when samples are required. All work must be done and completed in a thorough workmanlike manner by mechanics skilled in their various trades, notwith– standing any ommission from the specifications or drawings. All mat– erial furnished and all work done must be satisfactory to the engine

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eer and will be subject to rigid inspection, and if not in accord– ance with the specifications, in the opinion of the engineer, shall be immediately removed from the vicinity of the work at the cost of the contractor.

19. DELAYS.- The contractor shall not be entitled to any compensation for delays or hindrancess tothe work, except that if in the judgement of the engineer, direct and un voidable extra cost to the contractor of any part of the work covered by these specifications is caused by the failure of the city of Fort Worth to provide right of way or material, then upon the presentation of a written claim by the contractor not later than thirty days after the close of the month during which such extra cost is claimed to have been incurred, such claim, if found correct by the engineer will be approved 15. Extension of time will allowed for unavoidable delays that may result from unforseen causes, that in the opinion of the engineer approved by the Mayor and Board of Commissioners, are undoubtelly beyond the control of the contractor. If the work is delayed by specific orders to stop work given by the Mayor and Board of Com– missioners [struck out] or by the engineer, or if any delay or hindrance is caused by the performance of extra work duly ordered by them, or by the failure to provide material sufficient to carry on the work or to provide necessary right of way, then such delay will entitle the contractor to an extension of time equivalent to the time lost by such delay. Any extension of time, however, shall not release the sureties from their obligations, which shall remain in full force and effect until the discharge of the contract. Any application of on extension of bid [?] be accompied by the formal consent of the surities [?]

16 SUSPENSION OF CONTRACT. – Should the contractor fail to begin the work within the time required, or fail to begin the delivery of material as provided in the contract, or fail to prosecute the work or delivery in such manner as to insure a full compliance with the contract within the time limit, or if at any time the

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contractor is not properly carrying out the provisions of his contract in their true intent and meaning, notice thereof in writting will be served upon him, and, should he neglect or refuse to provide means for a satisfactory compliance with the contract within the time specified in such notice, the Mayor and Board of Commissioners in any such case shall have the power to suspend the operation of the contract. [Section struck out] the mayor and Board of Commissioners may then employ other parties to carry the contract to completion, [Section struck out] at the contractor's expense [Section struck out]. Any excess of cost arising therefrom over and above the contract price will be charged against the contractor and his sureties, who shall be liable therefor. In the determination of the question whether there has been such non compliance with the contract as to warrant the suspension thereof, the decision of the Mayor and Board of Commissioners shall be binding on both parties.

17. CLIMATIC CONDITIONS. – The engineer may order the contractor to suspend any work that may be damaged by inclemency of of the weather or other climatic conditions. When such inclemency of weather or climatic conditions were abnormal and caused delays in the work that could not have been reasonably forseen, due extension of time will be makde to the contractor for the time actually lost by him on account of suspension due to such unforseen causes.

18. QUANTITIES AND UNIT PRICES. – The quantities noted in [struck out]

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schedule for The proposal are approximations given for the purpose of comparing bids, and no claim shall be made against the city of Fort Worth on account of any excess or deficiency in the same, absolute or relative, . payment at the prices agreed upon will be in full for the completed work and will cover all materials, supplies, labor, tools, machinery and other expenditures of whatsoever nature incident to satisfactory compliances with the contract.

19. CHANGES IN QUANTITIES. - The Mayor and Board of Commissioners reserves the right to make such changes in the quanties of work or material as may be deemed advisable, without notice to surety or sureties on the bond given to secure compliance with the contractby adding thereto or deducting therefrom at the unit price of the contract. These changes will incure modifications of shapes and dimensions of work of whatsoever nature ,particularly foundation work, to suit conditions disclosed as the work progresses Should any change be made in a particular piece of work after it has been commenced, so that the contractor is put to extra expense, the engineer will make reasonable allowance therefor, which action shall be binding on both parties. Extra work or material shall be charged for as hereinafter provided.

24. EXTRA WORK OR MATERIAL.- In connection with the work covered by this contract the engineer may order work of a character not covered by the contractor or material for which no price is named in the contract. Such work or material will be classed as extra work and will be ordered in writing. No extra work will be paid for unless ordered in writing. Extra work will be charged for at actual necessary cost, as determined by the engineer, plus fifteen per cent for profit superintendence and general expenses. The actual necessary cost will include all expenditures for materials, labor, and supplies furnished by the contractor, but will not include any allowance for the use of tolls and machinery, office expenses, general superintendence or other general expenses. At the end of each contractor shall present his claim in writing for any extra work or extra material furnished or delivered. The contractor shall, when