HomeMy WebLinkAboutOrdinance 1036 C I T Y H A L L
CITY OF FORT ':>ORTH, TEXAS.
NOVELBER 18, 1924 .
On this the 18th day of November, A. D. 1924, the Board
of Commissioners of the City of Fort Worth, Texas , was con-
vened in regular session, the following members thereof being
present:
Millard Burton, layor,
J. C. Lord, Commissioner,
Chester Jones , Commissioner,
and C. S. Snow, City Secretary, with John Alderman, Commission-
er, absent, constituting a quorum, wrheh, among other things
coming before said Board for its consideration was the matter
of financing the proposed improvements in Forest Park, in said
City, and after due consideration, Commissioner Chester Jones
introduced an ordinance entitled :
"ORDINANCE 110. i' ` ,
AN ORDINANCE CONFIRMING
CONTRACT BET'-'EE1 THE CITY OF FORT WORTH AND ':EST
TEXAS CONSTRUCTION COIPANY, CONTRACTOR, FOR THE
II,IPR.OVE!Z] -NT OF CERTAIE BOUL%VARDS IN FOREST PARI
IN ACCORDANCE �ITH SPECIFICATIONS OF THE CITY
ENGINEER APPROVED BY TH_. BOARD OF COYLISSIONLhS,
PROVIDING FOR THE ISSUANCE TO THI SAID `,7= TEXAS
CONSTRUCTION COIaiPANY OF NOTES OR TARRfFTS OF THE
CITY OF FORT VORTH EVIDENCING THE CITY' S OBLIGA-
TION THEREFOR, SAID NOTES OR WART ANTS TO BE DATED
DECE1;1BER lst, 1924, TO LIATURE 84000 on JUNE 1st,
EACH YEAR FOR THE YLARS 1926, 1927 , 1928, 1929, 1930,
1931, 1932, 1933, 1934 and 1935, AND TO BEAR IN-
TEREST AT THE RATE OF 6IXPTn CENT (6%) PER. ANNUM,
PAYABLE SELII-ANNUALLY AFTER 1925, AND Pi OVIDING
FOR CHI LEVY OF A TAX ON EACH ONE HUNDI,7D DOLLARS
VALUATION OF TAXABLE PROPERTY IN THY CITY OF FORT
''.'ORTH, TO PAY TI-3E INTE EST ON SAID NOTES OR '.','AR-
HANTS AND TO PROVIDE A SINKING FUND FOR THE PAY-
ISZNT OF THE PRINCIPAL THEREOF AT MATURITY, EkKING
AN APPROPRIATION TO PAY CURRENT INTEREST, AND DE-
CLARING IN EMERGENCY. "
It was moved by Commissioners Chester Jones, seconded
by Commissioner J. C. Lord, that the Ordinance be read in full.
Motion carried and the ordinance was read in full by the City
Secretary.
IT "'1 7 AS MOVED by Commissioner Chester Jones , seconded
by Commissioner J. C. Lord that the ordinance be passed.
The Motion was carried by the following wrote :
AYES: Chester Jones ,
J. C. Lord,
NOES: N o n e.
The Ordinance follows:
ORDINANCE NO. /"7:r
All OiLDINANCE CONFIRIrIING CONTRACT BET', EEN THE
CITY OF FORT ',ORTH AND :'.EST TE?:AS CONSTRUCTION
COMPANY, CONTRACTOR, FOh THE IIuPF:OV_E1,,E:liT OF
CERTAIN BOULEVARDS Il`I FOREST PARK IN ACCOhDANCE
`: ITH SPECIFIC'ITIONS OF THE, CITY LNGINEEF APPROVED
BY THE BOARD OF C011,1ISSIONE! S; PROVIDING FOH THE
ISSUANCE TO TH_E SAID `.'EST TEXAS CONSTRUCTION ME-
PAI`dY OF NOTES OR ':JARRAIVTS OF THE CI'T'Y OF FORT
uORTH EVIDENCING TT-+ CITYt S OBLIGATION THEREFOR
SAID NOTES OF �'VARKANTS TO BE DATED DLCEI:iBER 1st,
1924, TO LATURE .54000 Olt JUNE 1st, EACH YEAR,
FOR THE YEARS 1926, 1927, 1928, 1929, 1930, 1931,
1932, 1933, 1934 and 1935, A111) TO BEAR IN`1'EREST
AT THE RATE OF SIX PER CETT (6 ) PSR ANNULI, PAY-
ABLE SE1.1I-ANTiUALLY, AFTER 1925, rLND PROVIDING FOR
T H:1i", LEVY OF A TAX ON EACH ONE HUNDRED DOLLARS T
VALUATION OF TAXABLE P1z1OP:�RTY IN TIAL CITY OF FORT
OR.TH, TO PAY THE INTEREST ON SAID MOTES OF: :'';AR
-
RANTS AND TO PROVID- A SINKING FUND FOR THE PAY-
MENT OF THE PRINCIPAL TF�F(LOF AT Mj1 TURITY, Iil.ZING
All APPROPRI .TION TO PAY CURiiENT INTEREST, AND DE-
CLARING AN El, RGENCY.
WHEREAS, The City of Fort ,7orth and its Board of Park
Commissioners , in strict compliance with the requirements
of the Fort 'c.orth City Charter, have heretofore received bids
for said construction, and of the bids received, determined
that the bid. of "::est Texas Construction Company was the lowest
and 'best bid, and thereafter, the Park Board entered into
contract with the said ;.lest Texas Construction company for the
construction of said Park Improvements, which contract and the
specifications attached thereto are in words and figures as
follows, to-wit :
1
-2-
THE STATE OF TEXAS)
COUNTY OF T ARRANT. )
THIS CONTRACT, I�Iade and entered into this day by and
between the Park Board of the City of Fort north, Tarrant
County, Texas, acting by Chester L. Jones , its President,
and Lirs . I. '�ialsh, its Secretary, and under the advice of
the Corporation Counsel of said City; and '::est Texas Con-
struction Company of Fort :forth, Tarrant County, Texas ,
:IJITNESSETH:
That the City of ort ',?orth, Texas , hereby
agrees to employ said ;lest Texas Construction Company to
build, construct and complete improvements to certain boule-
vards located in Forest Park in the City of Fort '.-.-orth,
Tarrant County, Texas , in accordance with the terms and speci-
fications on file in the office of the Superintendent of Parks ,
a copy of which is hereto attached and made a part hereof,
for all purposes.
IT IS i. UTUAL.1'Y Ui�IDyHSTOOD AND AGREED That the said
Contractor is to furnish all materials, tools , implements,
labor and appliances .necessary to complete the said work.
IN CONSIDERATION of the covenants and obligations
herein contained and the work to be done and completed, the
said Park Board of the City of Fort '�'lorth hereby obligates
and binds itself to pay the said contractor, ';,'est Texas Con-
struction Company, for the work herein contemplated as follows :
ITEld' tiUAs,1TITY Pk ICE AI:':OUNT
Paving 12,300 Sq. Yds. ;62.35 x;28,905.00
Combined curb and
gutter 9,295 Lin. Ft. 1.00 9,285.00
earth excavation 22000 Cu. Yds , .90 1,800.00
TOTAL - - - - - - - - - - -y 40,000.00
-3-
IT IS FURTHER I,IU-TU.LLLY UIMEn:ST00D __JM AGRL ED That the
estimated cost of said. construction and the maximum amount
to be paid to the said :)est Texas Construction Company shall
be Forty Thousand (,�p40,000.00) Dollars .
That active work must be begun by the contractor within
thirty days from the date hereof and completed. Z,,7ithin ninety
(90) working days after its cominencement.
AND, It is further mutually agreed and understood that
the Fort '::orth Park Board and the City of Fort '-:orth will exe-
cute and deliver to the ';Nest Texas Construction Company War-
rants bearing interest at the rate of six per cent (6b) per
annum, from date until paid, said 7arrants to be dated on the
lst day of December, 1924, and payable respectively as fol-
lows : $4,000 on the lst day of June of each year for the years
1926, 1927 , 1928, 1929 , 1930, 1931, 1932, 1933, 1934 and 1935.
IT IS FURTHLR AGREED AND UNDERSTOOD that the warrants
in payment of labor and material furnished hereunder may be
delivered in installments upon estimates approved by the Fort
`north Park Board, the Contractor to reimburse the City for
accrued interest on said warrants, calculated to date of de-
livery.
IN TESTIMONY '.-2.HEREOF, V ithess the act of the Park Board
of the City of Fort ?North, signed by its President , and at-
tested by its Secretary, and the endorsement thereon of the
Corporation Counsel of the City of Fort 7north, and the sigr_a-
tu.re of the 1."est Texas Construction Company, this the Sth day
of November, 1924.
THE PARK BOARD OF THE CITY OF FORT `.'i ORTH
BY: Chester L. Jones, President.
":':EST TEXAS CONSTRUCTION COLIPANY, CONTRACTOR.
BY. S. L. Johnson, President.
ATTEST:
":. I. 17ALSH, Secretary.
Aft
,Mk
which contract has been duly considered and approved as to
form and efficacy by the City Attorney and by this Board; and,
WHEREAS said contract and the plans and specifications
attached thereto and made a part thereof have been submitted
to the City Engineer, and have been checked by and approved
by him, his approval being evidenced by emdorsement on the
original on file in the office of the City Secretary;
THEREFORE, BE IT ORDAINED By the Board of Commissioners
of the City of Fort Worth:
( 1) That said contract be, and the same is hereby, in
all things ratified, confirmed and approved as the act and
contract of the City of Fort Worth and of its Board of Commis-
sioners and of the Park Board.
(2) That in accordance with said contract, warrants of
the City of Fort Worth shall be executed and delivered to the •
said West Texas Construction Company, subject to restrictions
hereinafter set forth, in the amount of $40,000.00, dated
December 1st, 1924, in the denomination of $1,000 each, to
bear interest at the rate of six per cent (6%) per annum, pay-
able June 1, 1925 and thereafter semi-annually December 1st
and June 1st of each year, and to mature as follows :
WARRANTS NUMBERS MATURITY AMOUNT
1-4 Inclusive June 1st, 1926 $4,000
5-8 " June 1st, 1927 4,000
9-12 " June 1st, 1928 419000
13-16 " June 1st, 1929 4,000
17-20 °P June 1st, 1930 4,000
21-24 " June 1st, 1931 4,000
25-28 " June 1st, 1932 4,000
29-32 " June lst, 1033 4,000
33-36 " June 1st, 1934 4,000
37-40 " June 1st, 1935 4,000
-5-
(3) That all warrants of this series shall be in the
denomination ofX1,000 each., Said warrants shall be signed
by the Iaayor, ' attested by the Secretary, and shall also' be
signed by the President of the Park Board and countersigned
b7r the City Auditor and Secretary of the Park Board.
(4) They shall be in form and shall contain recitals,
substantially as follows :
PTO. UNITED STATES OF Plv!E'FICA $1,000.00
STATE O F TEXAS
CITY OF FORT ,,''i ORTH PARii I11PR0TEIE. NT ',F;ARRANT
Series 1924.
THE CITY OF FO=-,T ', r TH, in the County of Tarrant, and
State of, Texas , for value received, acknowledges itself in-
debted and. promises.. to pay to "-lest Texas Construction Company,
or bearer, at the Hanover National Bank, l�jew York, 1•7. Y. , the
sum of
ONE THOUSAND DOLLARS
in lawful money of the United. States of America, on June 1st. ,
19 with interest thereon_ at the rate of six per cent (6i)
per annum, payable June lst, 1925, anc_ semi-annually there-
after June Zst and December 1st of each year, upon presenta-
tion and surrender of proper coupons , principal and interest
payable at the bank above named. And for the prompt payment
of this warrant and the interest . thereon at maturity, the full
faith, credit and. resources of the City of Fort '.:'orth, Texas,
are hereby irrevocably pledged.
In the event the sum of money evidenced by this warrant
and the annexed_ coupons shall not be paid at maturity, the
same shall thereafter bear interest at the rate of six (6;j)
per cent per annum until fully paid., and in the event of such
default and it becomes necessary for the holder to place this
%P,arrant or any of the coupons attached hereto in the hands of
an attorney for collection or to institute any legal proceed-
ings thereon, the Cit-\7- of Foi-•t '''orth obligates itself and prom-
ises to pay to the holder hereof an additional ten (10;0) per
cent as attorneys fees .
THIS '..ARHA1\TT is one of a series of forty warrants of
like tenor except as to maturity, aggregating x$40,000, issued
by the City of Fort ;forth for the purpose of the construction
of Park Improvements in Forest Park, in said City, in accord-
ance with the Constitution and laws of the State of Texas ,
and the City Charter of the City of Fort 7,1orth, and pursuant
to an ordinance passed. by the Board of Commissioners of said
City of Fort -Forth on the 18th day of November, 1924, record-
ed in the Minutes of said Board of Commissioners.
-6-
And it is hereby certified and recited_ that all acts,
conditions and things required to be done precedent to and
in the issuance of this warrant have been �roperl;y done ,
have happened and. have been performed. in regular and due time ,
form and manner , as required by the Charter of the City of
Fort ',:orth, and the ordinance hereinabove mentioned, and that
the total indebtedness of the City of Fort 'forth, including
this Warrant and all others of this series , does not exceed
any constitutional, statutory or charter limitations; and that
provision has been made for the payment of the principal and
interest of this warrant and the series of which it is a part
by the levy of a direct annual tax.
IN TESTIMONY HER:LOF, the City of Fort '.` orth, through
its Board of commissioners and Park Board, has caused the
corporate seal of said City to be hereto affixed and this
.,arrant to be signed by its Lilayor, attested by the City Secre-
tary, and by the President of the Park Board anc countersigned
by the City Auditor and Secretary of the Park Board, this the
lst day of December, A. D. 1924.
1 ayor
CITY OF FORT "FORTH, Texas.
ATTEST
City Secretary. President ,
of PARK BOARD, CITY OF FORT ',VORTH,
COUITTERSIGMED : Texas .
Secretary, park. Board..
COUNTERSIGNED:
City Auditor.
(5) The interest coupons attached to said warrants
shall be substantially the following form:
No.
OTI THE DAY OF
19
The City Treasurer of the City of Fort '"orth, Texas , will pay
to bearer, at the Hanover National Bank, New York, New York,
the sum of
DOLLARS
( ) Being months ' interest on City of Fort ':.'orth Park,
-7-
and to provide for the payment of said principal and inter-
est for the year 1925, there is hereby levied on each X100
valuation of property within the City of Fort `:.orth a tax.
of 53100 Cents (5�.0'053) authorized to be levied by the Board
of Commissioners out of the 10 cent ad valorem tax authorized
to be levied for general park purposes, and said tax at the
rate named is hereby ordered and directed to be levied, set
aside and apart annually out of said 10 cent ad valorem tax.
For the years and for each succeeding ,year while any of said
Trrarrants , or any part thereof, are outstanding and unpaid,
and. at the time other city taxes are levied, in each of said
years, there shall be computed and. ascertained what rate of
tali based upon the latest approved tax rolls of said City will
be sufficient to fully raise and produce in each of said years
the amount of principal and interest maturing in said year,
and for each of said years there. is hereby ordered to be levied,
assessed and collected out of said tax for the support of said
public parks a tax at such rate as shall be found necessary,
as aforesaid, and. all of said tal=es so collected shall be
placer,- in a separate special fund for the payment of principal
and interest of said warrants , and for no other _purpose ; and
the Board of Commissioners of the City of Fort : rth shall,
each year, in making its annual budget, include therein the
amount of principal and interest of saiC warrants maturing in
said respective years , including the year 1925.
(9) The sum of $2400 is hereby appropriated- and set aside
out of moneys no-:J on hand and in the treasury to the credit of
the Park Fund for the purpose of paying the interest on this
issue of warrants -ihich interest will mature before the moneys
received from taxes are available for this purpose. The T,Iayor,
Auditor and city Secretary are hereby directed to draw ;proper
-9-
voucher on the 'Treasurer to accomplish this provision and
said moneys shall be used: for no other purpose than to pay
interest accruing June 1, 1025, and. December 1, 1025.
(10) Due to the fact that the proper improvement ' of
Forest Parts is considered necessary for the welfare of the
7,. o"
Citi, creates this an urgency anC�l r ensure necessary for the
immediate preservation of public health and safety, rewiring
that this Ordinance become irrevocably effective from and
after its passage and it is so ordained.
PASSED this 18th day of November, A.D•1924
APPROVED this 16th day of Yovember, ..D. 1O24.
WILL RD BURTON, Mayor,
City of Fort Worth, Texas.
ATTEST .
C. S . Snow, ;City Secretary,
City of Fort Worth, Texas .
AFFEOVHL'Q In TO FORM:
R. i. Rouer, City attorney,
City of Fort ?"north, Texas .
X10..
unnuuuuuuuuuuuumiuwuuuuunuuunuuuununn�uiiunnnnnnunuuunuununuuuunuunuunuuuuuuuuu �
Engineering Department
Cityof Fort WTexas _
1923
SPECIFICATIONS FOR WARRENITE BITULITHIC
PAVEMENT
(BITUMINOUS CONCRETE BASE) =
_
\+ �i'QD THE LEDGER CO.,FORT WORTH
GENERAL CONDITIONS
1. FORM OF PROPOSAL AND SIGNATURE.—The proposal must be made on the form pro-
vided for that purpose and must be enclosed in a sealed envelope, marked and addressed as required
in the notice to bidders. The bidders must state in words and figures the unit price on specified
sums, as the case may be, for which he proposes to supply the materials and perform the work re-
quired by the contract.
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 provisions attached to a proposal will be liable to render
it informal and may cause its rejection. Bidders are invited to be present at the opening of the
proposals. The right is reserved to reject any or all proposals; to accept one part of the proposal
and reject the other, and to waive technical defects, as the interests of the City of Fort Worth may
require.
3. CERTIFIED CHECK.—Each bidder must submit with his proposal a certified check for the
sum stated in the notice to bidders, drawn to the order of the 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 ac-
cepted. Checks will be returned after the approval of the contract and bond executed by the success-
ful bidder, or at the expiration of 15 days from the date of the opening of the proposals.
4. THE CONTRACTOR.—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 of Fort Worth. This form may be examined at
the office of 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 con-
tract, 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 shall fulfill 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 a part of the contract.
5. CONTRACTOR'S BOND—Unless a different sum is specified in the notice to bidders, or the
proposal, the contractor shall furnish a surety bond in the sum of 20 per cent of the estimated aggre-
gate payments to be made under the contract, conditioned upon the faithful performance by the con-
tractor of all the covenants, stipulations and agreements in the contract, and the contractor shall also
furnish a surety bond in the sum of 20 per cent of the estimated aggregate payments to be made under
the contract, nditio d that such contractor shall maintain the work in good order and repair for
a period of ___ _ _____ __ years from the date of completion and acceptance of the work. If at any
time during e continuance of the contract, the sureties or any of them shall die, or in the opinion
of the Mayor and Board of Commissioners, become irresponsible, the Mayor and Board of Commis-
sioners 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 in default thereof, the
contract may be suspended by the Mayor and Board of Commissioners and the work completed, as
provided in Paragraph 20.
6. ENGINEER.—The word "Engineer" used in these specifications or in the contract, unless
qualified by the context, means the City Engineer of Fort Worth, Texas. He will be represented on
the work by the assistants and inspectors, with the authority to act for him and direct the work.
Upon all questions concerning the execution of the work, the classifications of material in accordance
with the specifications and the determination of cost, the decision of the City Engineer shall be bind-
ing on both parties.
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 faithful prosecution of the work and shall keep
the same under his personal control. During the absence of the contractor upon the work, his fore-
man or a designated agent shall be held to represent him. When two or more contractors are engaged
on the work in the same vicinity, the engineer shall be authorized to direct the manner in which each
shall conduct the work, so far as it affects the contractors. Instructions and information given by
the engineer to the contractor, foreman or agent on the work, shall be considered as having been given
to the contractor himself.
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 contractor from any risk or from ful-
filling all of the terms of his contract.
9. DAMAGES.—The contractor will be held responsible for and will be required to make good,
at his own expense, any and all damages of whatever nature, to persons or property, caused by care-
lessness, neglect, or want of due precaution on the part of the contractor, his agent or employees.
He must not allow any of his agents or employees to trespass upon premises or lands in the vicinity
of the works. He must discharge, at the request of the engineer, anyone in the employ who violates
these requirements.
10. CHARACTER OF WORKMEN.—The contractor shall discharge from his service when re-
quired by the engineer, any disorderly, dangerous, insubordinate or incompetent person, employed on
or in the vicinity 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 adopted 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 inadequate, the en-
gineer may order the contractor to improve their character and 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 furnish 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 material must be of the specified quality and
fully equal to the approved samples when samples are required. All work must be done and com-
pleted in a thoroughly workmanlike manner by mechanics skilled in their various trades, notwithstand-
ing any omission from the specifications or drawings. All material furnished and all work done must
be satisfactory to the City Engineer and will be subject to rigid inspection, and if not in accordance
with the specifications in the opinion of the engineer, shall immediately be removed from the vicinity
of the work at the cost of the contractor.
15. EXTENSION OF TIME will be allowed for unavoidable delays that may result from unfore-
seen causes, that in the opinion of the engineer, approved by the Mayor and Board of Commissioners,
are undoubtedly beyond the control of the contractor. If the work is delayed by specific orders to
stop work, given by the Mayor and Board of Commissioners, or by the engineer, or if the delay or
hindrance is caused by the performance of extra work, duly ordered by them, then such delay will
entitle the contractor to an extension of time lost by such delay. Any extension of time, however,
shall not release the sureties from the obligations, which shall remain in full force and effect until
the discharge of the contract.
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 a manner as to insure a full compliance with the contract within the time
limit, or if at any time the contractor is not properly carrying out the provisions of his contract in
their true intent and meaning, notice thereof in writing 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 sus-
pend the operation of the contract. The Mayor and Board of Commissioners may then employ other
parties to carry the contract 'to completion, at the contractor's expense. 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 engineer or 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 the weather or climatic conditions. When such inclemency of
weather or climatic conditions were abnormal and caused delays in the work that could not have been
reasonably foreseen, due extension of time will be made to the contractor for the time actually lost
by him on account of suspension due to such unforeseen causes.
18. QUANTITIES AND UNIT PRICES.—The quantities noted in the proposal are approxi-
mations given for the purpose of comparing bids and no claims 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
price 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 compliance with
the contract.
19. INSPECTION OF WORK.—The duly authorized engineers and inspectors of the City of Fort
Worth shall at all times have the right to inspect the work and materials. The contractor shall fur-
nish such persons reasonable facilities for obtaining such information as they desire respecting the
progress and manner of the work and the character of the material.
20. REMOVAL OF DEFECTIVE WORK.—The contractor shall remove and rebuild, at his own
expense, any part of the work that has been improperly executed, even though such work has already
been included in the monthly estimate. If the contractor refuses or neglects to replace such defective
work, it may be replaced by the City of Fort Worth at the contractor's expense.
21. PROTECTION OF WORK AND CLEANING UP.—The contractor will be held responsible
for the care of all work until final completion and acceptance, and he will be required to make good
at his own expense any damage or injury it may sustain from any cause. He shall take all risks from
floods and casualties of every description and make no charge for detention from such causes. He
may, however, be allowed a reasonable extension of time on account of such detention, subject to the
conditions hereinbefore specified. Rubbish and used materials must be removed from the vicinity of
the completed work upon completion of same.
22. VARIATION FROM PLAN.—Any variation of alignment, profile and dimensions of the
streets, small bridges or culverts from that shown on the plans, as may be required by the exigencies
of construction or otherwise, will in all cases be determined by the engineer, but the contractor shall
not, on any pretense save that of the written order of the engineer, deviate from the intent of the
plans or profiles as drawn, or in the estimate as prepared, shall be referred to the engineer for cor-
rection, and any such errors or omissions may be corrected by the engineer when such corrections
are necessary for the proper fulfillment of the intentions of the plans, profiles and estimates.
23. ROADS.—All roads subject to interference from the work covered by this contract must be
kept open during the progress of the work when so ordered by the engineer.
24. BENCH MARKS, STAKES, etc.—All bench marks and all witness side slopes and other
survey stakes must be carefully preserved by the contractor, and in case of their destruction or re-
moval by him or any of his employees, such stakes will be replaced by the engineer at the contract-
or's expense.
25. CONTRACTOR'S FINANCIAL OBLIGATIONS.—The contractor shall promptly make pay-
ment to all supplying labor and materials in the prosecution of the work. The contractor shall make
such financial arrangements as will not subject his employees to loss in securing their pay.
DETAIL SPECIFICATIONS
CEMENT.—Portland cement shall be used and shall conform to the Standard Specifications of
The American Society for Testing Materials. Certificate of test by responsible laboratory must be
furnished with each shipment. Cement shall be received on the work in good condition, and in orig-
inal packages, and shall be properly protected from the weather.
SAND.—All sand shall be of the very best quality locally obtainable; sharp, clean, free from loam
or vegetable matter. It shall not be so fine that each grain in the surface of the pile cannot be readily
noticed with the naked eye, nor shall it be too coarse to pass a screen having four meshes to the linear
inch. It shall not contain more than five per cent of clay or other very fine material.
GRAVEL.—Gravel shall be composed of clean, sound pebbles and sand, free from sticks and other
foreign matter and contain no clay or other material adhering to the pebbles in such quantity that
it cannot be lightly brushed off with the hand or removed by dipping into water. The proportion
of sand to gravel by volume, shall not be less than one to two nor more than one to one. Gravel in
which the sand is out of proportion shall be rejected or placed in a separate pile where the propor-
tions may be corrected, either by screening or the addition of the necessary stone or sand.
EXCAVATION AND GRADING.—The roadway shall be excavated or filled to the necessary
depth below the established grade of the finished pavement to provide for the thickness of the fin-
ished pavement, and thoroughly rolled with a roller weighing approximately ten tons until the surface
of the sub-grade is solid and parallel with the proposed surface of the contemplated pavement.
Soft and springy places not affording a firm foundation shall be dug up and refilled with good,
sound earth, cinders, gravel, concrete or stone, as the engineer may direct. Where filling is neces-
sary, fills shall be made of earth or other approved material and shall be constructed in layers not
exceeding ten inches in depth and separately rolled until solid.
EXCAVATION shall be classified as earth and solid rock and paid for at the price bid for earth
excavation and solid rock excavation. Rock in solid ledges, which cannot be removed without the use
of bars or blasting. The fact that blasting may be resorted to by the contractor, or be the most eco-
nomical method of working a material, will not of itself entitle such material to be classified as solid
rock. All other materials will be classified as earth.
DISPOSITION OF MATERIALS, HAUL, etc.—The contractor shall dispose of all excavated mate-
rial as directed by the engineer. Where the haul upon this material does not exceed 3,000 feet, no extra
compensation will be allowed. For distances greater than 3,000 feet, an overhaul allowance of one
cent per cubic yard for each additional 100 feet will be made.
DAMAGE TO EXISTING STRUCTURES.—I n the prosecution of the work the contractor will be
held liable for all damage done to pipes and conduits, hydrants, water meters, water boxes, poles,
curbs, gutters, sidewalks and all other property, or to persons.
MARGINAL CURB OR HEADERS.—Whenever the pavement is joined to macadam gravel or
other surface not affording a proper support for the edge of the pavement, marginal curbs or headers
shall be constructed. Marginal curbs shall consist of 3" x 8" oak timbers set to the crown of
the street and embedded in and well banked with one to six (1 to 6) concrete, payment for which
will be made on the exposed surface measurement at the price bid per square yard for pavement.
BITUMINOUS CONCRETE BASE.—Upon the sub grade prepared as hereinbefore specified shall
be spread a bituminous concrete mixture, which shall be delivered upon the work at a temperature of
from 200 degrees to 300 degrees Fahrenheit, to a dejth of two (2") inches after compression with a
10 to 12 ton 3-wheel self-propelled roller, the rolling to be continued until the foundation is unyielding
and true to grade and cross-section.
The mineral aggregate shall consist of clean, sound gravel, slag or crushed rock mixed with sand
or screenings when necessary.
The gravel, slag or crushed rock and sand or screenings shall be heated together in a rotary heater
to a temperature, when mixed, of from 200 degrees to 350 degrees Fahrenheit.
The heated mineral aggregate shall then be conveyed to a mixer where it shall be thoroughly
mixed with a bituminous cement until each particle is thoroughly coated.
In addition to the above the percentage of the bituminous cement and of each size of mineral
aggregate used, shall come within the following limits and shall be satisfactory to the engineer or
duly authorized authority.
Mineral Aggregate:
Percentage
Passing 2" screen and retained on 3/Q" screen ---------------------------------- 25-60
Passing 18/4" screen and retained on 10 mesh sieve------------_--..._----- 20-40
Passing 10 mesh slave ........ .. .....__..__.___.....�._._..�___ .___ .__�.___ 25-35
Bituminous Cement ------------------------------------------------------------------------------ 4-6
Unless otherwise specified the bituminous cement shall be of the same character as that to be
used in the Warrenite-Bitulithic wearing surface.
In addition to the above the mineral aggregate shall come within the following screen test:
Percentage
Passing a 11/x," screen and retained on a 1/z" screen------------------------ 30-60
Passing a 1/z" screen and retained on a No. 4 sieve---------------------- 15-25
Passing a No. 4 sieve and retained on a No. 10 sieve_-------_-_-_-_-.- 5-15
Passing a No. 10 sieve ----_------_.----------------------------------------_____---------- 20-35
The portion of the aggregate passing 10 mesh sieve when considered separately from the re-
mainder of the aggregate shall meet the following screen test:
Percentage
Passing a 10 mesh sieve and retained on a 40 mesh-------.-----_----_-- 15-40
Passing a 40 mesh sieve and retained on a 80 mesh-----__---------------- 22-53
Passing a 80 mesh sieve and retained on a 200 mesh------------------------ 15-40
Passinga 200 mesh..................._......_.....__._ ..........__.___..------------._.__._._.__ 5-15
FINE SURFACING MIXTURE.—The fine surfacing mixture shall be composed of mineral aggre-
gate described below, mechanically mixed with sufficient Bitulithic Cement to thoroughly coat all of
the particles and produce a uniform mixture containing ordinarily eight (8) to twelve (12) per cent
of bitumen soluble in carbon bisulphide, but more shall be used if necessary to snake the surface com-
pact after ultimate compression.
The mineral aggregate shall consist of sand or a combination of sand and crusher screenings, and
shall be not larger than one-quarter (V4) inch in diameter, except on grades where a coarser aggregate
may be used.
That portion of the aggregate passing ten (10) mesh sieve when considered separately from the
remainder of the aggregate, shall meet the screen test specified for the fine aggregate of the coarse
wearing surface mixture.
PREPARATION AND MIXING.The ingredients shall be heated to such a temperature between
the limits of 200 and 350 deg. F. that when the mixtures are delivered on the work they shall be in
a sufficiently plastic condition for spreading and rolling (which will vary with the temperature of the
air) and they shall not be heated to a sufficiently high temperature to injure the Bitulithic Cement,
which shall be produced under the direction and laboratory supervision of Warren Brothers Company.
Either of the two following methods and apparatus shall be used in the preparation of the wear-
ing surface:
1. The mineral aggregate shall be heated in rotary drier, and while still hot, separated into at
least four sizes by means of a rotary screen having a minimum screen opening of about 1-10 of an
inch and a maximum opening of about one and one-fourth (11/x,) inch. The openings in the successive
screen sections up to one-half (1/z) inch size shall not vary more than one-fourth of an inch (%') and
not more than three-quarters of an inch (8/4') for the sizes larger than one-half inch (3/E").
The effective screening area of each size screen section shall be at least twenty-eight (28) square
feet, and the screens shall be so arranged that the smallest mesh screen section shall not receive any
portion of the aggregate except that which will pass through either the smallest meshed screen or the
next larger mesh screen.
The aggregate thus separated shall pass into a bin having sections or compartments correspond-
ing
orresponding to the screen sections. The combined capacity of all the compartments to be not less than 10
cubic yards. From these several compartments the aggregate shall be drawn into a weigh box, rest-
ing on a multi-beam scale, and the desired amount of aggregate from each of the above compartments
shall be accurately weighed separately on the scale and the batch dropped into a "twin pug" mixer,
where it shall be intimately associated and thoroughly commingled with a predetermined quantity of
separately heated Bitulithic Cement sufficient to coat all particles of the aggregate. The mixing shall
be continued until the combination is a uniform bituminous concrete.
2. The several grades and sizes of the mineral aggregate as delivered at the mixing plant shall
be kept in separate piles. The amount of mineral aggregate required for a batch shall then be ac-
curately measured in the proper proportions of the several sizes to give the best results and-same shall
be fed into an elevator terminating in a hopper or bin which discharges into a rotary drier or heater,
both hopper and heater being so designed as to keep each batch by itself until thoroughly dried and
heated. From the rotary heater a batch of mineral aggregate shall pass into a rotary cylindrical
mixer containing blades, spirals or other devices for producing a uniform mixture of the mineral ag-
gregate with a predetermined quantity of the separately heated Bitulithic Cement sufficient to coat
all the particles of the aggregate.
The mixing shall be continued until the combination is a uniform bituminous concrete.
LAYING.—The coarse wearing surface mixture shall be spread upon the prepared foundation by
means of hot shovels or forks, and raked to a uniform contour and to such a depth that after the fine
surfacing mixture has been spread and rolled the completed wearing surface shall have the thick-
ness hereinUe&am►specified.
While the above coarse mixture is still in a malleable condition and before it has been compacted
in any manner which will prevent the essential blending and bonding of the finer mixture with the
coarse mixture at the top of the mass, it shall be covered with the "Fine Surfacing Mixture" at the
rate of thirty (30) to fifty (50) pounds per square yard, and more shall be added to any areas where
required to cause the surface to seal or close up.
CONCRETE GUTTERS.—Concrete gutters shall be constructed__________ : �Z _inches in width on
each side of the street. The following methods of construction shall b used`an it shall be left op-
tional to the engineer as to which method is to be used on any particular piece of work.
First. After excavation has been completed and the ground well rammed and compacted, a one
(1 ) inch layer of sand or gravel shall be evenly spread over the subgrade and well tamped. Upon
this prepared base there shall be placed a five (5") inch layer of concrete composed of one (1) part
cement and six (6) parts of combined sand and gravel. It shall be well tamped into place and before
it shall have developed its initial set, an even one (1") inch layer of mortar composed of one (1)
part of cement and two (2) parts sand shall be applied, then neatly struck, floated and trowled to an
exact even surface.
Second. After excavation has been completed, there shall be constructed combined curb and gut-
ter in accordance with the Standard Specifications for Combined Curb and Gutter, and will be paid
for at the price bid for constructing combined curb and gutter.
The entire work shall be jointed or flagged in sections six (6') feet long, or as otherwise di-
rected by the engineer. All joints shall be cut through finishing coat and well into the concrete base
with proper cutting tools. All flag joints and outer edges shall be neatly rounded and finished with
special tools.
Suitable forms shall be used, which shall be made of two-inch lumber of the proper height, except
for forming curves where thinner lumber may be used. The lumber must be straight and the joints
close and well made. The edges of the finished surface shall either be straight lines or true curves.
Special care shall be taken to cure the concrete by covering with soil and keeping the dirt wet, or by
some other method, when directed by the engineer.
CURB.—Concrete curb shall be constructed along the street wherever there is no existing curb
and around street corners where directed by the engineer, in accordance with the Standard Specifica-
tions for Concrete Curb, payment for which will be made at rate bid per linear foot for constructing
curb.
CONCRETE STEPS.—Where directed by the engineer, the contractor shall construct steps in
the curb at street intersections, using the same materials as those specified for curb, payment for
which will be made at the price bid per linear foot for constructing curb.
ADJUSTMENT OF SIDEWALKS.—Wherever curb does not meet present grade of existing side-
walks, such adjustments to sidewalks shall be made by the contractor as directed by the engineer,
using materials of the same grade as those specified for "concrete gutters," payment for which will
be made at price bid per square foot for "concrete gutters."
MANHOLE HEADS.—The contractor will be required to put to grade such manhole heads as may
be directed by the engineer, payment for which will be made at price bid for "raising or lowering
manhole heads."
Crown one inch to each four feet of width of roadway. Example: A roadway 30 feet wide be-
tween curbs should have a crown of 71/9. inches. Special consideration should be given, and less
crown provided for on steep grades.
WEARING SURFACE.—On the foundation as specified, shall be laid Warrenite-Bitulithic Wear-
ing Surface, described below so as to have a thickness of one and one-half inch after thorough
compression.
The wearing surface shall be constructed of two dissimilar bituminous mixtures as hereinafter
specified, the finer mixture to be blended and bonded with the coarser mixture at its top, so that when
completed the structure will be a compact integral mass, the lower portion being rigid and stable due
to a relatively large percentage of coarse mineral particles with relatively low percentage of bitumen,
the upper portion being malleable and plastic due to a relatively large percentage of bitumen combined
with fine mineral matter, the change from the rigidity and stability of the lower portion to the plasti-
city and malleability of the upper portion being not a sudden but a gradual transition.
COARSE WEARING SURFACE MIXTURE:
The coarse wearing surface mixture shall be composed of mineral aggregate as described below,
mixed with sufficient Bitulithic Cement to thoroughly coat all of the particles and to produce a mixture
containing from five (5) to eight (8) per cent by weight of bitumen soluble in carbon bisulphide.
The mineral aggregate shall be composed of hard stone with French co-efficient of wear of at
least 8, and a toughness of not less than 8, of clean, sound gravel, for the coarse material, combined
with sand (or a mixture of sand and screenings) for the smaller sizes. The coarse aggregate shall
be free from soft or disintegrated stone, dirt or other objectionable matter occurring either free or
as a coating on the particles. The size of the particles of the aggregate shall vary from the maxi-
mum (about one-half (1/,) of the thickness of the wearing surface) to impalpable powder.
Sand used for fine aggregate shall not contain more than 10% of particles which will pass a
200 mesh sieve.
If the aggregate does not contain enough finely divided particles or impalpable powder to produce
the screen test shown below, the deficiency shall be made up by the additional of limestone dust, Port-
land Cement, or other suitable fine mineral matter.
ROLLING.—Immediately after spreading the "Fine Surfacing Mixture" as described above, the
pavement shall be thoroughly compressed by use of a ten (10) to twelve (12) ton three (3) wheel
self-propelled roller. The rolling shall be continued until no roller marks appear. Places inaccessi-
ble to the roller shall be thoroughly tamped by hand to the satisfaction of the Engineer.
Warren Brothers Company, owner of the patents used in the construction of the Warrenite-
Bitulithic Pavement, shall file with the proper official or board which is about to receive bids for the
work, a properly executed binding agreement to furnish to any contractor desiring to bid for the work
all the necessary Warranite-Bitulithic Surface mixtures, mixed ready for use, in accordance with Sec-
tion "Wearing Surface," at a definite reasonable price. Said price shall include a license to use
all of the patents required in the construction of the Warrenite-Bitulithic Pavement as herein speci-
fied.
The acceptance of bids by-------------------- 7pd, -' 'a-�- 4Jr
and the letting of a contract for the s all b erred by W a red^Brohers C p ny�to be an
� ___=
pp1
acceptance of its proposal by =��>------1G- 1_�7 � -
and by the Contractor to whom such contr s all be awarded and are all that shall be necessary
to bind Warren Brothers Company to said agreement. The filing of a bid under these specifications
will be construed as an acceptance of the terms of the license agreement filed by Warren Brothers
Company at the price fixed in said agreement, which is on file with the proper official or board.
Improvement '`,arrant Series 1924, No. , dated December lst,
1924, to which this coupon is attached and is a part thereof.
President,
Park Board.
Secretary, Park Board.
City Auditor.
(6) Substantially the following endorsement blank shall
be printed on each of said warrants :
ENDORSE' LINT
THIS IS TO CER^1IFY That ':est Texas Construction Company,
Contractor, has received the within_ principal warrant and the
interest coupons thereto a y,., f mom the City of Fort '::'orth,
Texas, i
and for value recevea� hereby transfers , assigns, sells
and delivers to bearer all right, title and interest in and to
same , and said bearer is hereby subrogated to all claims, liens ,
rights or title whether at lati^J or in equity which are or may
be secured to said. Contractor by virtue of a certain contract
with said City, of date November 8, 1924 , in consideration of
the performance of which this warrant was issued.
,! Contractor.
( 7 ) The work under said contract shall be performed
under the supervision of the City Engineer. Said warrants
shall be delivered to said contractor only upon estimates,
which estimates shall bear the approval of the City Engineer,
the --ark Board and the Board of Corunissioners of the City.
At such time as the Park Board and the Board of Commissioners
of the City .shall have passed resolutions in their respective
bodies approving and allotlring an estimate first approved by
the City 'Engineer, the -proper officer of the City shall de-
liver to the- Contractor a sufficient number of said warrants
to cover the estimate .. Since the rlarrants bear date December
1, 1924, the Contractor shall pay to the City at the time of
each delivery a sum of money equivalent to the accrued inter-
est on the warrants delivered., calculated to date of delivery.
( 8) BE IT FURTHER ORDAINED:
That for the purpose of paying the principal and
interest of said warrants as the same matures , there is hereby
levied on each j')100 valuation of said taxable property in the
City of Fort ':j'orth a tax sufficient for said purpose
-8-