This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Sidewalk District No.---------, for the season ending December 31, 19-, ---------, in pursuance of the following, to-wit:
1. Bids duly advertised for in ---------, commencing ---------, 19-.
3. Determination by the Director of Public Service that---------is the lowest and best bidder---------, 19-.
4. Approval by the Board of Control ---------, 19-.
This contract, made and entered into this---------day of---------, in the year of one thousand nine hundred and--------, by and between the City of --------, of the first part, and A. B., Contractor -, of the second part:
Witnesseth, that the said part - of the second part ha - agreed, and by these presents do agree with the said party of the first part, for the consideration herein before mentioned in the proposal, to furnish at --------- own proper cost and expense all necessary materials and labor of every description, and to construct and complete, in a substantial and workmanlike manner, and in strict accordance with the Specifications hereinafter set forth, and according to such instructions as may from time to time be furnished by the Engineer, all sidewalk improvements to be made in the season ending December 31, 19-, within sidewalk district No.---------of said city, and which shall be placed in the hands of said party of the second part in pursuance to orders issued by the Director of Public Service of said city, at the rates mentioned in the proposal, and upon the terms and subject to the conditions of the Specifications hereinafter set forth. It is hereby agreed that everything heretofore agreed upon shall be strongly bound with this instrument, and form essential parts of this agreement.
Definition of Contractor. 2. Whenever the word "Contractor" is used, it shall be held to mean either any contractor or firm of contractors undertaking to construct any walk, under a permit from the Director of Public Service.
Work to Be Staked Out By the Engineer. 3. The work will be staked out by the Engineer or his assistant, and the Contractor will be required to carefully preserve all stakes until authorized to remove them by the Engineer or his assistant, and any expense in replacing said stakes which the Contractor or his subordinates may have failed to preserve shall be borne by the Contractor.
The Contractor to Give Twentv-four Hours Notice in Writing when the Services of the Engineer are Required. 4. The Contractor shall give twenty-four
(24) hours notice, in writing, when he shall require the services of the Engineer for laying out any portion of the work. He shall dig all stake holes necessary to give lines, levels and grades, etc.
In witness whereof, the said City of --------- has caused its name and corporate seal to be affixed by the Director of Public Service, and the said party of the second part set---------hand - and seal - the day and year aforesaid.
See references under Sec. 3821.