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.
Miscellaneous Work - Section 15. The work under this improvement shah be joined with existing improvements in a neat and workmanlike manner, and adjoining curbs, gutters and pavements shall be taken up and relaid so as to conform to the line, grade and crown of the new improvement and to afford good drainage. Curbs, flag gutters and crossing stones reset in this manner shall be redressed and relaid in accordance with specifications hereunder for new work.
In repaving asphalt, brick, bowlder, stone block and wood block, the materials and work must conform to the specifications for these respective kinds of pavements, and any old material not of the required character must be discarded and suitable material supplied. The repaving items where they appear do not include foundations, which will be of concrete, broken stone or gravel and paid for as such'. Where the intersecting street is macadam, broken stone conforming to the requirements for the top course of plain macadam pavement will be used for making necessary approaches; stone used for this purpose shall be well rolled until compacted, binder material being added during the rolling.
The Contractor shall keep all excavations and other parts of the work clear of all water regardless of its source.
Extra Work - Section 16. No extra work shall be allowed unless ordered in writing by the Chief Engineer. Where work is ordered and is of considerable magnitude, the transaction must be treated as a modification of the contract and the prices must be agreed upon and a supplementary contract entered into under the provisions of Section 22. If of minor importance, the transaction may, if the Engineer so direct, be handled on the basis of actual cost of labor and materials involved plus fifteen (15) per cent. In figuring cost of labor no charge will be allowed for time of general foreman or superintendents, it being understood that such is included in the fifteen (15) per cent. In all cases of such extra work, the Contractor must make out invoices immediately after the completion of the work and transmit to the Engineer. If the work extends over more than one week, invoices must be made at the end of each week.
Inspection - Section 17. No material of any kind may be used until it has been inspected and accepted by the Engineer. The Contractor must furnish all labor necessary in handling such material for inspection. All materials rejected must be immediately hauled away from the vicinity of the work. The Inspection and supervision by the City is intended to aid the Contractor in supplying a11 material and in doing all work in accordance with the plans, profiles and specifications, but such inspection shall not operate to release him from any of his contract obligations. Materials or workmanship found at any time to be defective shall be immediately remedied by the Contractor regardless of previous inspection. If the Contractor fails to comply promptly with these requirements, the Director of Public Service may authorize other parties to do this work and deduct the cost thereof from any money due or which may become due the Contractor.
To provide for and facilitate inspection, the Contractor shall immediately notify the Engineer of the arrival of all materials and of the time of beginning the various portion* of the work at least 48 hours in advance thereof. A reasonable notice shall be given of all operations requiring plant inspection.
Samples - Section 18. Before commencing work the successful bidder by the submission of samples for testing or otherwise must present satisfactory evidence that the material he proposes to furnish may be reasonably expected to meet the specifications. The object of requiring this information is to prevent delay in so far as possible after the work is once started.
Sub-Surface Work - Section 19. The City reserves the right to lay or relay or allow to be laid or relaid any sewers, drains, gas pipes, water pipes, conduits, street or steam railway tracks or any other structure or necessary appurtenances thereto, which, in the opinion of the Director of Public Service are necessary or expedient.
Particular attention is called to the fact that it is in general the intention of the City to require all property owners to have water and sewer connections made to all lots before laying the pavement.
If the Contractor hereunder finds that the trenches are not properly backfilled, he shall so notify the Engineer in writing, allowing ample time to have the defects remedied before laying the concrete or other foundations.
If an opening is made subsequent to the completion of the improvement, all the work of restoring the pavement will be done directly by the City, and the Contractor hereunder will be relieved of any maintenance requirements on the portion of the pavement so disturbed.
Guarantee - Section 20. The Contractor hereby agrees that the repair of all defects in the roadway pavement or other work done under this contract arising, in the opinion of the Director of Public Service, out of the use of defective material, settlement of foundation or improper workmanship in the construction thereof and which repairs from such causes may become necessary during the period of---------years after the date of the approval by the Director of Public Service of the Engineer's certificate of "Total Cost," shall be made by him without expense to the party of the first part, and the Contractor agrees to make such repairs when and as directed by the party of the first part, by a written notice served upon him, and if after having received such notice, the Contractor fails to make such repairs within five days from the receipt of said written notice, the party of the first part may thereupon cause said repairs to be made and charge the expense thereof to the Contractor or his surety. The failure of the City to give notice within the specified period shall not preclude the operation of this section.