Curbstone reset, sand foundation... Curbstone reset, concrete foundation.... New curbstone furnished and set, sand foundation.. Bridgestone reset, concrete foundation.. New bridgestone furnished and set, sand foundation. 272. Pavements, etc., Restored by Contractor.-If required by the plan, roadway and sidewalk, pavements, cross-walks, curbs, etc., except those under guarantee for maintenance, shall be satisfactorily restored and adjusted by the Contractor at such times as may be directed. Sidewalk pavements shall be restored in whole flags, squares or sections which shall correspond in quality and appearance with the original or adjoining flags, squares or sections. All work and materials used in such restoration and adjustment shall conform in all respect. to the standard specifications now in use by the city for similar work and materialss. 273. Pavements, etc., under Guarantee.-All pavements, sidewalks, crosswalks, curbs, etc., existing at the time of the opening of the bids for this contract, and under guarantee for maintenance, shall be restored and adjusted by the parties responsible under such guarantee, and at the expense of the Contractor. If not so restored and adjusted during the progress of the work, the Contractor shall, when directed, pay to the city, before the completion of the contract, a sum of money sufficient to cover the cost of having the same restored and adjusted by the parties responsible under such guarantee, and at the charges for the restoration of the same, as set forth in their contracts relating thereto. Such sum shall be accompanied by certificates from the parties responsible for the maintenance of the pavements, sidewalks, cross-walks, curbs, etc., to the effect that such sum will be accepted by them as covering the entire quantity of pavement, etc., to be restored and adjusted. 274. Temporary Restoration.-At such times as may be directed roadway and sidewalk pavements, cross-walks, curbs, etc., which have been removed, whether under guarantee or not, shall be temporarily restored by the Contractor to the satisfaction of the Engineer. 275. Change of Pavement, etc.-When the kinds of pavements, sidewalks, cross-walks, curbs, etc., in any street affected by this contract, are changed after the bids are opened and before work is commenced, the Contractor will not be required to make permanent restoration of the new pavement, sidewalks, crosswalks, curbs, etc., disturbed, but a sum of money sufficient to pay the cost of replacing the kinds of pavements, sidewalks, cross-walks, curbs, etc., which were there at the time of the opening of the bids for this contract, will be deducted from the amount which would have been payable to the Contractor upon the completion of the contract, had the character of pavements etc., not been changed, and such cost will be computed at the prices stated in section 269. 276. When New Pavement is Laid.-If pavement, sidewalks, cross-walks, curbs, etc., are laid where none existed at the time the bids for this contract were opened, the Contractor shall excavate and remove such portions of the pavements, sidewalks, cross-walks, curbs, etc., and their foundations as may be necessary for the prosecution of the work, but he will not be required to make a permanent restoration of them. 277. Trenches Flooded. Before laying any pavements, sidewalks, crosswalks, curbs, etc., the trenches shall, if required, be flooded with water, as directed, and all resulting holes or depressions shall be filled and tamped solid. 278. Unnecessary Cross Gutters.-All cross gutters rendered unnecessary by the work under this contract shall be removed and the entire street intersection or so much thereof as may be necessary shall be re-graded and re-paved as herein specified. 279. Cleaning Up.-At such times as may be directed, the Contractor shall remove from the streets all materials which were placed thereon by him as a consequence of performing this work, and which are not required by the contract to be left as part of the finished work. The entire work and portions of the street affected thereby shall be left in a satisfactory condition. The sidewalks and crosswalks shall be swept clean of all material which may have accumulated thereon by reason of the work performed under this contract, and if required, they shall be sprinkled with water during the sweeping. 280. Prices to Cover.-The cost of all the labor required to be done and all the materials required to be furnished in the performance of all the work specified in sections. . . ., inclusive, shall be covered by all the contract prices for all the items for which there are contract prices. ART. 50. THE CONTRACT Accompanying the specifications and bound with them should be the contract proper. A form is given which has proved satisfactory in many cases; but any form, before being used, should be passed upon by the city's legal consultant to insure that it meets all requirements of city, state and federal laws. THIS AGREEMENT, made and concluded the. day of..... and.... in the year One Thousand Nine Hundred by and between the City of... . . of the first part, and.. second part, Contractor, of the WITNESSETH, That the said party of the second part (has) (have) agreed, and by these presents (does) (do) agree with the said party of the first part, for the considerations herein mentioned and contained, and under the penalty expressed in a bond bearing even date with these presents and hereto attached, to furnish at (his) (their) own proper cost and expense all the necessary material and labor, except as herein specially provided, and to excavate for and build, in a good, firm, and substantial manner, the sewers indicated on the plans now on file in the office of the city engineer, and the connections and appurtenances of every kind complete, of the dimensions, in the manner, and under the conditions herein specified; and (has) (have) further agreed that the engineer in charge of the work shall be and is hereby authorized to inspect or cause to be inspected the materials to be furnished and the work to be done under this agreement, and to see that the same correspond with the specifications. The party of the second part hereby further agrees that (he) (they) will furnish the city with satisfactory evidence that all persons who have done work or furnished material under this agreement, and are entitled to a lien therefore under any law of the State of . . . . . .. have been fully paid or are no longer entitled to such lien, and in case such evidence be not furnished as aforesaid, such amount as the party of the first part may consider necessary to meet the lawful claims of the persons aforesaid shall be retained from the moneys due the said party of the second part, under this agreement, until the liabilities aforesaid may be fully discharged and the evidence thereof furnished. The said party of the second part further agrees that (he) (they) will execute a bond in a sim equal to .per cent of the contract price, secured by a responsible Indemnity or Guarantee Company of, or authorized by law to do business in, the State of.......and satisfactory to the city, or by at least three responsible freeholders of..........County satisfactory to the city, for the faithful performance of this contract, conditioned to indemnify and save harmless the said city, its officers or agents, from all suits or actions of every name or description brought against any of them for or on account of any injuries or damages received or sustained by any party or parties, by or from the said party of the second part, (his) (their) servants or agents, in the construction of said work, or by or in consequence of any negligence in guarding the same or any improper materials used in its construction, or by or on account of any act or omission of the said party of the second part, or (his) (their) agents, in the performance of this agreement, and for the faithful performance of this contract in all respects by the party of the second part; and the said party of the second part hereby further agrees that so much of the moneys due to (him) (them), under and by virtue of this agreement, as shall be considered necessary by the said city may be retained by the said party of the first part, until all such suits or claims for damages as aforesaid shall have been settled and evidence to that effect furnished to the satisfaction of said city. The said party of the first part hereby agrees to pay, and the said party of the second part agrees to receive, the following prices as full compensation for furnishing all materials, labor, and tools used in building and constructing, excavating and backfilling, and in all respects completing the aforesaid work and appurtenances, in the manner and under the conditions before specified, and as full compensation for all loss or damages arising out of the nature of the work aforesaid, or from the action of the elements or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the same, and for all expenses incurred by or in consequence of the suspension or discontinuance of the said work, and for well and faithfully completing the same and the whole thereof according to the specifications and requirements of the engineer under them, to wit: (Insert here spaces for making bids, being careful to include every item for which bids are invited. As an example:) For all 36-inch brick sewers, trenches from 6 to 8 feet deep. For water-tamping... For each manhole 8 feet deep, complete than 8 feet deep, 8-inch wall... For each vertical foot of manhole more than 8 feet deep, 12-inch wall.... For timber foundations... per lineal foot per cubic yard per M. B. M. etc., etc. IN WITNESS WHEREOF the said party of the second part (has) (have) hereunto set (his) (their) hand and seal and the said party of the first part has caused these presents to be sealed with its common seal and to be signed by the... on the day and year above written. It is recommended that the engineer refer to Johnson's "Contracts and Specifications," Wait's "Law of Contracts," or Allen's "Business Law for Engineers," where will be found a full discussion of the subject from both the legal and engineering standpoint. ART. 51. ESTIMATING COST It is always desirable, and frequently required by law, that a careful estimate be made of the cost of the work to be done. For this purpose map, plans, specifications, and profile should be carefully studied to obtain quantities, and the amount of rock to be excavated, locations of quicksand and ground water should be ascertained, and in general as careful a study made of the conditions as a contractor would make before bidding. Also the prices of materials should be obtained, including the cost of getting them upon the ground, and from these as close an estimate made as possible of the actual cost of constructing the system. To this should be added 10 to 100 per cent for profit and contingencies, the latter amount when the work is to be done under great risks and subject to possible losses. The cost of any piece of work consists of the cost of the labor and materials of all kinds entering into it; an allowance for plant sufficient to pay interest, repairs and depreciation or obsolescence on all tools and appliances used-picks, shovels, wheelbarrows, engines, etc., and on the power for operating, whether horse, gasoline or steam; cost of foremen and all other supervision, timekeeper, office expenses, labor insurance or an allowance in lieu thereof to cover damages recoverable by injured workmen; interest on the money put into the work up |