Sewerage and Sewage Treatment

by Harold E. Babbitt

15. Patents. It is further agreed that the Contractor shall indemnify, keep and save harmless said Sanitary District from all liabilities, judgments, costs, damages and expenses which may in any wise come against said Sanitary District, or which may be the result of an infringement of any patent by reason of the use of any materials, machinery, devices, apparatus, or process furnished or used in the performance of this contract, or by reason of the use of designs furnished by the Contractor and accepted by the Sanitary District, and in the event of any claim or suit or action at law or in equity of any kind whatsoever being made or brought against said Sanitary District, then the Sanitary District shall have the right to retain a sufficient amount of money in the same manner and upon the conditions as hereinafter specified.

16. Abandonment of Contract. If the work to be done under the contract shall be abandoned by the Contractor, or if at any time the Engineer shall be of the opinion, and shall so certify, in writing, to the Commission, that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions of the specifications, or is executing the same in bad faith, or not in accordance with the terms thereof, or if the work be not fully completed within the time named in the contract for its completion, the Commission may notify the Contractor to discontinue all work thereunder, or any part thereof, by a written notice served upon the Contractor, as herein provided; and thereupon the Contractor shall discontinue the work, or such part thereof, and the Commission shall thereupon have the power to contract for the completion of said work in the manner prescribed by law, or to procure and furnish all necessary materials, animals, machinery, tools and appliances, and to place such and so many persons as it may deem advisable to work at and complete the work described in the specifications, or such part thereof, and to charge the entire cost and expense thereof to the Contractor. And for such completion of the work or any part thereof, the Commission may for itself or its contractors, take possession of and use or cause to be used any or all such materials, animals, machinery, tools and implements of every description as may be found on the line of the said work. The cost and expense so charged shall be deducted from, and paid by the City out of such moneys as may be due or may become due to the Contractor, under and by virtue of the contract. In case such expense shall exceed the amount which would have been payable under the contract, if the same had been completed by the Contractor, he shall pay the amount of such excess to the City. When any particular part of the work is being carried on by the Commission, by contract or otherwise, under the provisions of this clause of the contract, the Contractor shall continue the remainder of the work in conformity with the terms of his contract, and in such manner as in no wise to hinder or interfere with the persons or workmen employed by the Commission by contract or otherwise as above provided, to do any part of the work or to complete the same under the provisions hereof.

17. Estimates. The Engineer shall from time to time as the work progresses, on or about the last day of each month, make in writing an estimate, such as he shall believe to be just and fair, of the amount and value of the work done and the materials incorporated into the work by the Contractor under the specifications, provided however that no such estimate shall be required to be made when, in the judgment of the Engineer the total value of the work done and the materials incorporated into the work since the last preceding estimate is less than —— dollars. Such estimates shall not be required to be made by strict measurements, but they may be approximate only.

The Contractor shall not be entitled to demand from the Commission as a right, a detailed statement of the measurements or quantities entering into the several items of the monthly estimates, but he will be given such opportunities and facilities to verify the estimates as may be deemed reasonable by the Commission.

When in the opinion of the Engineer, the Contractor shall have completely performed the contract on his part, the Engineer shall make a final estimate, based on actual measurements, of the whole amount of the work under and according to the terms of the contract, and shall certify to the Commission in writing, the amount of the final estimate at the completion of the work. After the completion of the work the City shall pay to the Contractor the amount remaining after deducting from the total amount or value of the work, as stated in the final estimate, all such sums as have theretofore been paid to the Contractor under any of the provisions of the contract, except such sums as may have been paid for extra work, and also any sum or all sums of money which by the terms thereof the City is or may be authorized to reserve or retain; provided that nothing therein contained shall affect the right of the City, hereby reserved, to reject the whole or any portion of the aforesaid work, should the said certificate be found or known to be inconsistent with the terms of the contract or otherwise improperly given. All monthly estimates upon which partial payments have been made, being merely estimates, shall be subject to correction in the final estimate, which final estimate may be made without notice thereof to the Contractor, or of the measurements upon which it is based.

18. Extra Work. The Contractor shall do any work not herein otherwise provided for, when and as ordered in writing by the Engineer or his agents specially authorized thereto in writing, and shall when requested by the Engineer so to do, furnish itemized statements of the cost of the work ordered and give the Engineer access to accounts, bills, vouchers, etc. relating thereto. If the Contractor claims compensation for extra work not ordered as aforesaid, or for any damages sustained, he shall within one week after the beginning of any such work or the sustaining of any such damage, make a written statement of the nature of the work performed or the damage sustained, to the Engineer, and shall, on or before the fifteenth day of the month succeeding that in which any such extra work shall have been done or any such damage shall have been sustained, file with the Engineer an itemized statement of the details and amount of any such work or damage; and unless such statement shall be made as so required, his claim for compensation shall be forfeited and he shall not be entitled to payment on account of any such work or damage.

For all such extra work the Contractor shall receive the reasonable cost of said work, plus fifteen (15) per cent of said cost.

19. Competent Employees. The Contractor shall employ only competent skillful men to do the work; and whenever the Engineer shall notify the Contractor, in writing, that any man employed on the work is, in his opinion unsatisfactory, such man shall be discharged from the work and shall not again be employed on it, except with the consent of the Engineer.

20. Money Retained. Upon the completion of the work and its acceptance by the City, the City shall reserve and retain five (5) per cent of the total value of the work done under the contract as shown by the final estimate, over and above any and all other reservations which the city by the terms thereof is entitled or required to retain and shall hold the said five (5) per cent for a period of nine (9) months from and after the date of completion and acceptance, and the City shall be authorized to apply such part of said five (5) per cent so retained to any and all costs of repairs and renewals as may become necessary during such period of nine (9) months, due to improper work done or materials furnished by the Contractor, if the Contractor shall fail to make such repairs or renewals within twenty-four (24) hours after receiving notice from the City so to do.

Upon the expiration of said nine (9) months from and after the completion and acceptance of the work, the City shall pay to the Contractor the said five (5) per cent hereby retained, less such sums as may have been retained hereunder.