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.
Assigning or subletting the whole or any portion of this contract shall not operate to release the Contractor or his bondsmen hereunder from any of the contract obligations.
Sanitary Regulations - Section 8. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved, and their use shall be strictly enforced.
Plans, Profiles and Specifications - Section 9. The plans, profiles, and specifications are intended to be explanatory and supplementary of one another, but should any discrepancy appear or any misunderstanding arise as to the import of anything contained in them, the explanation of the Director of Public Service shall be final and binding on the Contractor. Any correction of errors or omissions in plans and specifications may be made when such correction is necessary for the proper fulfillment of their intentions as construed by the said Director.
Lilies and Grades - Section 10. All work to be done under this agreement must be in accordance with the lines and grades as staked out by the Engineer. The Contractor must notify the Engineer 24 hours in advance of needing his services for laying out the work. The Contractor will be required to furnish all stakes for curb setting or other purposes, of satisfactory size and quality, and will also furnish all labor necessary for setting same. The Contractor will be responsible for the protection of all stakes until permission is given for their removal.
Time for Completion of Contract - Section 11. The Contractor shall begin work within two weeks after notice to do so. All work embraced in this contract shall be completed and ready for final acceptance within --------- weeks after the expiration of the two weeks following notice to begin work.
If the Contractor fails to complete the work within the required period he will be liable for the wages of all inspectors on the improvement subsequent to the time set for completion, unless for reasons satisfactory to the Director of Public Service, the said Director shall extend the time allowed for completion. Such satisfactory reasons to be: A material increase either in the amount or difficulty of the work over what was originally contemplated by the Engineer; unusual delay in the installation of street car tracks, of gas mains, conduits, etc.; delays cue to suspension of work by order of the Director or Engineer for any reason; and delays in the prosecution of the work due to causes beyond the control of the Contractor.
Conduct of Work-Section 12. The work will be commenced at such points as the Engineer may direct. If the work under this contract conflicts with other work to be done in the same territory for or 'by the City or Public Service Corporations, the Director of Public Service shall determine when and how the work shall proceed. Permits will be issued from time to time specifying the limits within which the street may be torn up. The Contractor must have such permits on the work at all times as evidence to the police of his authority to proceed.
The Director of Public Service, on account of public necessity, adverse weather conditions, or other reasons, may order all work suspended and thereupon the Contractor must pile up all material neatly, fill depressions, provide temporary board walks, crossings, and take such other means as are necessary to protect the public and the work and facilitate traffic. The time allowed for the completion of the work shall be extended in an amount equal to that lost by the Contractor in this manner.
During the progress of the work, the Contractor shall in a reasonable manner accommodate both vehicular and foot traffic. Street intersections may be blocked only one-half at a time, and the Contractor will lay and maintain temporary board-walks, driveways, bridges, and crossings such as in the opinion of the Engineer are necessary to reasonably accommodate the public. The Contractor shall provide lights, barricades and watchmen necessary to protect the public or the work.
Whenever, in the opinion of the Engineer, it is necessary that certain portions of the work be done immediately, the Contractor shall proceed with such work without delay. On his failure to do so, after either verbal or written order by the Engineer, the Director of Public Service shall have the power to proceed with such work forthwith, by day labor or otherwise, and deduct the cost of the work from any money due, or which may become due the Contractor.
Interference with Existing Structures and Traffic - Section 13. The Contractor shall notify, at least 48 hours before breaking ground, all the City Departments or Public Service Corporations whose tracks, wires, pipes, conduits or other structures may be affected by his operations. He shall likewise notify the Chief of the Fire Department of the temporary blocking of any street. The Contractor shall not at any time interfere with the operation of street cars without special permission of the Director of Public Service.
Traction Company - Section 14. Where the improvement consists of entire new construction and where street car tracks are relaid at the time of the improvement, the Traction Company will bring their concrete to the elevation of the sub-grade. The balance of the concrete will be placed by the Contractor. In estimating amount of concrete placed by Contractor, the cubical space occupied by the ties will be deducted, but no deduction will be made for the space occupied by the rails.
Where the improvement consists essentially of resurfacing work without the removal of the old concrete base, the Traction Company, after the installation of their new track, will bring the concrete level with the tops of the ties.
The Traction Company wild! plaster the webs of all street car rails with a mortar composed of one part Portland cement and two parts sand, immediately in advance of the paving. This plaster must be applied so as to adhere firmly to the rail and be vertical so as to allow the paving to make a close joint with rails. This plastering must be solid and in perfect condition at the time the pavement is laid.