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Tenders Not Necessarily Accepted 55. The Corporation does not bind itself to accept the lowest or any Tender, and reserves to itself the power to give the whole or any portion of the work to any one or more of the parties tendering, as it may think proper.
Standing Order of Corporation 56. The following Standing Order of the Court of Common Council is embodied in this Specification, viz.:
"Any person in the employ of the Corporation receiving any Commission "or gratuity, or receiving any discount in relation to bill or accounts paid for "or on behalf of the Corporation, shall be subject to immediate dismissal, and "no person or firm shall be employed by the Corporation or any of its Com"mittees, who shall give, offer, or allow either Commission or Gratuity to any “person in the Corporation's employ.”.
CITY OF WESTMINSTER, LONDON, ENGLAND
PAVING WORK, 1913
CONDITIONS OF CONTRACT, SPECIFICATION, SCHEDULE, AND TENDER
FOR PAVING WORK, 1913
To be enclosed in a separate sealed envelope, endorsed “TENDER FOR PAVING WORK," and delivered not later than 12 o'clock noon, on Friday, the 28th of February, 1913, to
THE TOWN CLERK,
Charing Cross Road, W. C.
TO BE OBSERVED IN TENDERING
The Tender and Schedule of Prices must be upon forms furnished by the Council, and must be signed by the Tenderer, and the whole of the requirements set forth in the forms must be complied with, or the Tender cannot be received. The Tender must state the full name and address of the Tenderer, and in the case of partnerships the name of each partner, and in the case of Companies the registered office.
Tenders are to be enclosed in a sealed cover endorsed with the words "Tender for Paving Work,” and, together with the Schedule of Prices, must be forwarded to the Town Clerk so as to be delivered at the City Hall on or before the day and hour named for the reception of the same.
Tenderers are particularly requested to carefully peruse the Specification and Conditions of Contract and to make sure that they thoroughly understand them. All necessary explanations may be obtained at the City Hall, but when a Tender has once been accepted, the Council will not entertain any request for a variation of its terms on the ground of any alleged mistake, oversight, or misunderstanding.
Tenderers are prohibited from directly or indirectly canvassing Members or Officials of the Council in reference to any Tender, and the Tender of any person who does so canvass will be rejected.
The Council do not bind themselves to accept the lowest or any Tender.
A BOX IS PROVIDED AT THE CITY HALL IN WHICH TENDERS ARE PLACED ON DELIVERY AND KEPT UNDER LOCK AND KEY UNTIL LAID BEFORE TIIE COMMITTEE FOR OPENING, TENDERERS MAY PERSONALLY PLACE TENDERS IN THE BOX IF THEY WISH.
GENERAL CONDITIONS OF CONTRACT
REFERRED TO IN THE ACCOMPANYING TENDER
Interpretation 1. In these Conditions and in the annexed Specification and Tender “The Council" means the Mayor, Aldermen, and Councillors of the City of Westminster; “Person” includes any number or body of persons, corporate or incorporate; “The Contractor” means the person by whom or on whose behalf the accompanying Tender is signed; and “The Engineer" means the Engineer and Surveyor for the time being of the City of Westminster, or his duly appointed agent, or other duly authorized Officer or person.
Acceptance of Tenders 2. The Contractor may tender for the paving of all or any of the streets mentioned in the accompanying Schedule, and the Council shall have the power to accept a tender in respect of the paving of any one or more of the said streets.
Contract and Bond 3. The Contract Deeds and Bonds will be prepared at the expense of the Council, and the Contractor and his sureties must execute them within seven days after being requested by the Town Clerk to do so.
Rates of Wages and Hours of Labor 4. The Contractor shall in the case of all workmen employed by him pay wages at rates not less, and observe hours of labor not greater than the rates and hours recognized by the Associations of Employers and Employees and in practice obtained in the district where the work is to be executed.
Contract Not to Be Assigned or Underlet 5. The Contractor shall not, without the consent in writing of the Council, assign or underlet the Contract or any portion thereof.
Compliance with the General Law 6. The Contractor shall give all such notices as are required by law to be given to any person entitled to notice in respect of the operations to be performed under the Contract, and shall not do any unlawful act or omit to do anything required by law in or incidental to the execution of the Contract, and all work performed by him shall be done without negligence, and so as not to occasion any avoidable or unlawful interference, injury or prejudice (whether immediate or consequential) with or to the rights, interests, or property of any person.
Inspection and Selection of Stacks of Timber and of Wood Blocks
Analysis of Creosote Oil 7. The Engineer shall have full power to enter and remain upon the Con. tractor's premises, at any reasonable hour, for the purpose of inspecting and selecting the stacks of timber proposed to be used and of superintending the cutting of the blocks and the process of creosoting.
Provided always that, notwithstanding such inspection or selection of the stacks of timber, the Engineer shall have full power to split for examination any reasonable number of blocks selected indiscriminately from those brought on to the street, and to reject any blocks in exercise of the power reserved to him by Clause 18 of these Conditions.
The Engineer may select from the creosoting cylinders a sample of each supply of creosote oil, for the purpose of analysis.
Delivery and Stacking of Blocks Before Commencement of Work 8. Before breaking up any portion of the street, the Contractor shall deliver such quantities of the paving blocks as the Engineer may direct, and shall stack them upon the edge of the footways of the street to be paved, or in other approved positions, as the Engineer may direct. The Contractor shall be responsible for the watching and protection of these materials.
Setting Out 9. The Contractor shall set out and keep correct the work in every particular according to the directions he may receive from time to time from the Engineer, and shall be responsible for the correctness of the same throughout the whole term of the Contract.
Dismissal of Workmen on Request of Engineer 10. The Contractor shall, on the request of the Engineer, immediately dismiss from the work any person employed thereon by him who may, in the opinion of the Engineer, be incompetent or misconduct himself, and such person shall not be again employed on the works without the permission of the Engineer.
Work to Be Erecuted as Engineer Directs 11. The work shall be executed in such manner and at such times as the Engineer may direct, and shall be carried on in such a way as will least inconvenience the business of the neighborhood and the public traffic, and so as not to cause any unnecessary obstructions.
Work to Be Carried on Day and Night if Required 12. All the work shall be commenced and carried on by night as well as by day if required by the Council. Only such extra payment will be made by the Council for night work as may be provided in the accompanying Schedule, or, failing such provision, as may be agreed between the parties.
Footways to Be Kept Clean 13. The Contractor shall sweep and keep clean footways from ballast or any other material, so far as may be practicable, during the execution of the works.
Injury to Kerbs and Footways 14. Should any portion of the kerb stones or footway pavements be damaged or displaced by the Contractor's workmen, or should any damage be caused by expansion of the pavement of the carriageway or from any other cause whatever during the period of the Contract, the Council shall be at liberty to make good such damage at the cost of the Contractor.
Refixing Surface Boxes, etc., at Altered Levels 15. All water, gas or electric light boxes, gully grates, manhole covers, or other similar appliances will be raised or lowered to suit the new pavement, fre of expense to the Contractor, but the Contractor shall make good the foundation and pavement round the same at his own expense.
Commencement of Work and Time of Completion 16. The Contractor shall, unless otherwise directed by the Engineer, commence and complete the work on the days specified in the accompanying Schedule.
Penalty for Delay 17. The Contractor shall forfeit to the Council the sum of £10 per day by way of liquidated damages for any delay beyond the specified or tended ime for the completion of the work in each case; but should the Contractor be unable, owing to bad weather or other unavoidable causes, to proceed with the work, he shall be allowed such extension of time as the Engineer may think fit and reasonable.
Rejection of Unsatisfactory Material or Work 18. All material and work shall in all respects be in accordance with the accompanying Specification, and subject to the approval and satisfaction of the Engineer, who may, if he thinks fit, reject any material or work which is not in his opinion, satisfactory and in accordance with the Specification. Such rejected material or work shall be at the Contractor's risk, and shall forthwith be removed by him at his own expense, and will not be paid for by the Council; or the engineer may accept any such material or work, and may make in respect thereof a reasonable deduction from the Contract price
Determination of Contract for Default 19. In case the Council shall be of opinion that the terms of the Contract are not being carried out in a proper and business-like manner, or with sufficient expedition, the Council may determine the Contract at the expiration of seven days from the date of written notice to the Contractor to that effect. Should the Contractor or any agent or servant of the Contractor give or offer any gratuity to any Officer or servant of the Council, the Council shall be at liberty to determine the Contract forthwith.
Provided that such determination shall be without prejudice to any claim of the Council in respect of any antecedent breach of the Contract by the Contractor.
Measurement of Work 20. During the execution and upon the completion of the work the Contractor, by his agent or foreman, shall, from time to time, whenever so required by the Engineer, attend at such time and place as shall be named by the Engineer for the purpose of measuring and ascertaining the quantity of the work executed. In default of such atttendance the Engineer shall be at liberty to measure and ascertain the quantity, independently of the Contractor, and his measurements and quantities shall be accepted as correct.
Mode of Payment 21. Payments under the Contract will be made monthly as follows: 90 per cent. of the value of the work actually and satisfactorily completed, as estimated and certified by the Engineer from time to time as the work proceeds; the remain. ing 10 per cent. without interest at the expiration of 12 calendar months from the date of certified completion of the work.
Maintenance After Completion 22. The Contractor at his own expense shall maintain the pavement, together with its foundation (the floating, concrete underbed, and subsoil), whether new or old, in a state of perfect repair to the satisfaction of the Engineer, for the period of 12 months from the date of certified completion, in each case.
Subsidences Under New Concrete 23. No claim shall be made against the Council or allowance granted in respect of any sinkage or subsidence of any underbed or subsoil under new concrete from whatever cause arising, insufficiency of drainage or in any other respect, during the period of the Contract, inclusive of the twelve months' period of maintenance.
Repairs After Trenches 24. The Contractor shall, during the term of his Contract, repair within 24 hours after notice from the Engineer all damage done to the pavement by, or
in consequence of, trenching or other operations of any person, and he shall carry out such repairs to the satisfaction of the Engineer, in accordance with the accompanying Specification, at the prices set out in the accompanying Schedule.
All surplus materials shall become the property of the Contractor, and shall be forthwith removed by him at his own expense.
Repairs Under Clause 24 Not to Vitiate Contract for Maintenance 25. Trenching or other operations shall not in any way diminish the responsibility of the Contractor for the proper maintenance of the whole pavement, nor exonerate him from leaving it at the end of the maintenance period in a good sound condition.
Indemnity Against Damage and Accidents 26. The Contractor shall indemnify the Council against all injury or damage to persons or property of whatever description arising in the course of the execution of the Contract by the Contractor.
The Contractor shall also indemnify the Council against any liability under the Workmen's Compensation Act, 1906, or any other similar liability, arising out of the execution of the Contract by the Contractor, and shall insure the Council against such liability with an Insurance Company, and under a policy, to be approved by the Council, and shall from time to time, if and when requested, produce for the inspection of the Council the policy of insurance and the receipt for the last premium payable in respect thereof.
Service of Notices on Contractor 27. Any notice hereby authorized or required to be given to the Contractor by the Engineer shall be sufficiently given if handed to the Contractor or his Fore. man, or left for, or posted in a registered letter addressed to, the Contractor at the postal address given in his tender.
Cleaning and Sanding Surface 28. The Council shall be at liberty to cleanse the pavement by flushing or by sweeping or scraping, or in any manner the Council may think fit, and may also strew the surface with sand, gravel, ballast, salt, or other materials to prevent slipperiness, or for cleansing purposes, and the Contractor shall not be entitled to any compensation for extra wear and tear or damage caused thereby.
Engineer's Decision to Be Final in Certain Cases. 29. The decision of the Engineer as to the dismissal of workmen (clause 10), as to commencement and time of completion of the work (clause 16), and as to approval or rejection of material or work (clause 18), shall be final and binding on all parties.
OF WORK required to be done in forming and constructing Wood, ASPHALTE, or other
Carriageway Pavements upon new or existing concrete foundations, in the Streets mentioned in the accompanying Schedule, under the direction and supervision of the Engineer. J. W. DUGDALE BRADLEY, M. Inst. C.E.
City Engineer and Surveyor.
Lahor, Material, Fencing and Watching 1. The Contractor shall provide everything necessary for the proper execution of the works according to the true intent and meaning of the accompanying Conditions of Contract and this Specification, and shall also by day and by night provide, fix and maintain all necessary fencing, watching and lighting for the protection not only of the plant. materials and works, but also of the public and