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Item 9. Drainage channels for shafts and tunnels. . . . . . .

Item 10. Forms for lining shafts.

115 linear feet 4,700 cubic yards 39,500 cubic yards 100 square yards

166,000 pounds

166,000 pounds

20 M ft. B. M.

40,000 million foot gallons

3,430 linear feet of all shafts and tunnels

435 linear ft. of shaft

2,970 linear feet

of tunnel

2,400 cubic yards

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14,400 cubic yards

Item 14.

Item 15.

Excess concrete masonry in shafts and tunnels Brick masonry in shafts and tunnels...

700 cubic yards

100 cubic yards

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Item 50.

Item 51.

60,000 cubic yards 75,000 cubic yards

500 cubic yards 1,000 linear feet 100 cubic yards 1,000 cubic yards 20,000 cubic yards

27,000 cubic yards 7,000 cubic yards 40,000 square

yards

2,000 cubic yards

70 tons

80,000 pounds

Miscellaneous cast iron, wrought iron and steel... 900,000 pounds
Bronze.....

35,000 pounds

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These quantities are approximate only, being given as a basis for the uniform comparison of bids, and the Board does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the quantity of any class or portion of the work, as may be deemed necessary by the Engineer.

Bidders are required to submit their estimates upon the following express conditions, which shall apply to, and become part of every bid received, viz. :

Bidders must satisfy themselves, by personal examination of the location of the proposed work, and by such other means as they may prefer, as to the actual conditions and requirements of the work and the accuracy of the foregoing estimate of the Engineer, and shall not, at any time after the submission of a bid, dispute or complain of such statement or estimate of the Engineer, nor assert that there was any misunderstanding in regard to the nature or amount of work to be done.

Attention is called to the uncertainty in the quantities of many of the kinds of work involved in the construction of the shafts and tunnels, where such quantities depend upon the tightness, solidity, breakage and other qualities of the rock which

cannot be determined in advance. The quantities of excavation, excess concrete masonry, steel roof support and timbering, pumping and grouting are especially subject to such uncertainty. Generally the intention has been to estimate all quantities liberally.

An increase or decrease in the quantity for any item shall not be regarded as a sufficient ground for an increase or decrease in the prices, nor in the time allowed for the completion of the work, except as provided in the contract.

The excavation, masonry and other parts of the work have been divided into classes and items in order to enable the bidder to bid for the different portions of the work in accordance with his estimate of their costs, so that in the event of an increase or decrease in the quantities of any particular class of work, the actual quantities executed may be paid for at the price bid for that particular class of work.

The attention of bidders is especially called to the provisions of Chapter 724 of the Laws of 1905, and acts amendatory thereof, as to the letting of contracts and payment for work; to "The Labor Law"; to the laws and regulations relating to mines, quarries and tunnels promulgated by the Commissioner of Labor of the State of New York, and to Sections 362 and 363, Chapter 410, Laws of 1882; to the "Public Health Law"; and Section 482, Chapter 466, Laws of 1901, as to the health laws.

No bid will be allowed to be withdrawn, for any reason whatever, after it has been deposited with the Board of Water Supply. No bid will be accepted from, nor contract awarded to, any person who is in arrears to the Corporation of The City of New York, upon debt or contract; nor who is in default, as surety or otherwise, upon any obligation to the Corporation of The City of New York.

Before the award of the contract, any bidder may be required to show that he has the necessary facilities, experience, ability, and financial resources to perform the work in a satisfactory manner and within the time stipulated, and that he has had experience in constructing works of the same or a similar nature.

The Board reserves the right to select the bid or proposal, the acceptance of which will, in its judgment, best secure the efficient performance of the work, or to reject any or all bids.

Proposals which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind may be rejected as informal. Failure to name sureties will be sufficient cause for the rejection of a

proposal.

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CHAPTER XV

PROPOSAL

THE status, from the legal standpoint, of the Proposal should be clearly understood. The Proposal is an offer, and when this offer is accepted, the Proposal and acceptance together constitute a valid Contract to do the work, and also to execute the formal Contract and to give Bond. There are two parties; there is subject matter; there is consideration in that the bidder, on the one hand, and the City, the Company, or the Owner on the other, are each bound to the other; both parties have agreed to the same thing. What the bidder, the Contractor, has agreed to, primarily, is to do the work at the prices named, to sign the formal Contract, and to give Bond. The offer or Proposal resulting in the agreement as to each of these should be specific and not implied. If the Proposal suitably refers to the formal Contract and thus includes it, the Proposal and its acceptance constitute a Contract as valid and binding as the formal Contract when signed. There remains, however, the giving of the Bond, which in some cases is required by law and which in most cases is necessary to protect the City, the Company, or the Owner, in case the Contractor fails to fully carry out his Contract.

If the Contractor will not sign the formal Contract and give Bond as he agreed to do, the sooner he is rid of the better. Nevertheless, in this case, he is liable for damages for breach of Contract, and in the absence of anything otherwise to fix these, the damages are measured by the loss sustained. This will be the difference between the bid accepted and the next higher bid, together with loss from delay, if any. In case of re-letting, the loss will include the difference between the former bid and the bid accepted at the re-letting, the loss from delay, and the expense involved in the re-letting.

It is customary, however, to include in the Proposal what may be called a secondary or supplementary agreement by which the certified check shall be surrendered if the Contractor fails to sign the formal Contract and give Bond. It is not certain that the surrender of the certified check will relieve the Contractor from the payment of damages in excess of the

amount of the certified check, if they can be proved, unless the agreement in some way limits the Contractor's liability to the amount of the check. In some cases it is provided that the certified check shall be retained as liquidated damages; in others, the words liquidated damages are not used. It seems desirable, on the whole, that the Contractor should not be held liable beyond the amount of the certified check. The provision contained in the sample form which follows, provides that the receipt and payment of the certified check shall be the consideration for making the Proposal and acceptance in other respects null and void, so that there can then be no valid claim for damages for breach of Contract. It is quite possible that a court would sustain the acceptance and payment of the check as a valid consideration for the Contractor's release from his agreement without this specific clause; it is probable also that a provision for liquidated damages would be sustained, but the question of its forming in reality a penalty might require the presentation of evidence on this point.

The form of bid or Proposal, as a sample, may be as follows:

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To the Board of Sewer Commissioners of the City of Franktown, Mass. For the Construction of Sewers, the bids for which are to be opened March 10, 1917.

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The party named above as bidder, declares that the only person or persons interested in this bid or Proposal as principal or principals is or are named above, and that no other person than hereinabove named has any interest in this Proposal or in the Contract proposed to be taken; that this bid or Proposal is made without any connection with any other person or persons making a bid or Proposal for the same purpose; that the bid or Proposal is in all respects fair and in good faith and without collusion or fraud; and that no City officer or clerk, elected or appointed, nor any person in the employ of the Board of Sewer Commissioners, is, shall be or become directly or indirectly interested as principal or surety in this Proposal or in the Contract proposed to be made, or in the supplies, work, or business to which it relates, or in any portion of the profits thereof.

The bidder further declares that he is not in arrears to the Board, or to the City of Franktown upon debt or Contract, that he is not in default either as Contractor or surety or otherwise upon any obligation to said Board or to said City, and that there is no suit or claim pending as to such arrears or default.

He further declares that he has examined the site of the work, and informed

1 The bidder's name and address must be inserted here, and in case of a firm, the name and address of each and every member of the firm must be inserted. In case of a bid by or in behalf of any corporation, the complete legal name and address of such corporation must be written here, together with the name and address of the officer or agent of the corporation upon whom notice may be served.

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