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ARTICLE IV.

Payments. On or about the seventh day of each month the Contracting Officer and the Contractor shall prepare a statement showing as completely as possible: (1) The cost of the work up to and including the last day of the previous month, (2) the cost of the materials furnished by the Contracting Officer up to and including such last day, and (3) an amount equal to three and one-half per cent (31%), except as herein otherwise provided, of the sum of (1) and (2) on account of the Contractor's fee; and the Contractor at such time shall deliver to the Contracting Officer original signed pay rolls for labor, original invoices for materials purchased, and all other original papers not theretofore delivered supporting expenditures claimed by the Contractor to be included in the cost of the work. If there be any item or items entering into such statement upon which the Contractor and the Contracting Officer can not agree, the decision of the Contracting Officer as to such disputed item or items shall govern. The Contracting Officer shall then pay to the Contractor on or about the ninth day of each month the cost of the work mentioned in (1) and the fee mentioned in (3) of such statement, less all previous payments. When the statement above mentioned includes any work of reconstructing and replacing work destroyed or damaged, the payment on account of the fee in (3) for such reconstruction and replacement work shall be computed at such rate, not exceeding three and one-half per cent (31%), as the Contracting Officer may determine. The statement so made and all payments made thereon shall be final and binding upon both parties hereto, except as provided in Article XIV hereof. The Contracting Officer may also make payments at more frequent intervals for the purpose of enabling the Contractor to take advantage of discounts at intervals between the dates above mentioned or for other lawful purposes. Upon final completion of said work the Contracting Officer shall pay to the Contractor the unpaid balance on the cost of the work and of the fee as determined under Articles II and III hereof.

ARTICLE V.

Inspection and audit.-The Contracting Officer shall at all times be afforded proper facilities for inspection of the work and shall at all times have access to the premises, to the work and material, and to all books, records, correspondence, instruction, plans, drawings, receipts, vouchers, and memoranda of every description of the Contractor pertaining to said work; and the Contractor shall preserve for a period of two years after its completion or cessation of work under this contract all the books, records, and other papers just mentioned. Any duly authorized representative of the Contractor shall be accorded the privilege of examining the books, records, and papers of the Contracting Officer relating to said work for the purpose of checking up and verifying the cost of said work. The system of accounting to be employed by the Contractor shall be such as is satisfactory to the Contracting Officer.

If at any time the Contracting Officer shall find that bills for labor, material, or other bills legitimately incurred by the Contractor hereunder are not promptly paid by the Contractor, the Contracting Officer may, in his discretion, refuse to make further payments to the Contractor until all such obligations past due shall have been paid. Should the Contractor neglect or refuse to pay such bills within five days after notice from the Contracting Officer so to do, then the Contracting Officer shall have the right to pay such bills directly, in which event such direct payments shall not be included in the cost of the work.

ARTICLE VI.

Special requirements.—The Contractor hereby agrees that it will:

(a) Begin the work herein specified at the earliest time practicable and diligently proceed so that such work may be completed at the earliest possible date.

(b) Promptly pay for all labor, material, or other service rendered.

(c) Procure, and thereafter maintain, such insurance in such forms and in such amounts and for such periods of time as the Contracting Officer may approve or require.

(d) Procure all necessary permits and licenses and obey and abide by all laws, regulations, and ordinances and other rules applying to such work of the United States of America, of the State or Territory wherein such work is done, of any subdivision thereof, or of any duly constituted public authority.

(e) Unless this provision is waived by the Contracting Officer, insert in every contract made by it for the furnishing to it of services, materials, supplies. machinery, and equipment, or the use thereof, for the purposes of the work hereunder, a provision that such contract is assignable to the United States; will make all such contracts in its own name and will not bind or purport to bind the United States or the Contracting Officer thereunder.

(f) In every subcontract made in accordance with the provisions hereof. require the subcontractor to agree to comply with all the undertakings and obligations of the Contractor herein, excepting such as do not apply to such subcontractor's work.

(g) At all times keep at the site of the work a duly appointed representative who shall receive and execute on the part of the Contractor such notices, directions, and instructions as the Contracting Officer may desire to give.

(h) At all times use its best efforts in all its acts hereunder to protect and subserve the interest of the Contracting Officer and the United States.

ARTICLE VII.

Right to terminate contract.-Should the Contractor at any time refuse. neglect, or fail in any respect to prosecute the work with promptness and diligence or default in the performance of any of the agreements herein contained. the Contracting Officer may, at his option, after five days' written notice to the Contractor, terminate this contract and may enter upon the premises and take possession, for the purpose of completing said work, of all materials, tools, equipment, and appliances, and all options, privileges, and rights, and may complete, or employ any other person or persons to complete, said work. In case of such termination of the contract, the Contracting Officer shall pay to the Contractor such amounts of money on account of the unpaid balance of the cost of the work and of the fee as will result in fully rimbursing the Contractor for the cost of the work up to the time of such termination plus a fee computed thereon at the rate or rates for monthly payments set forth in Article IV hereof; and the Contracting Officer shall also pay to the Contractor compensation, either by purchase or rental at the election of the Contracting Officer, for any equipment retained, such compensation, in the event of rental, to be in accordance with paragraph (c) of Article II, and in the event of purchase to be based upon the valuation determined by the Contracting Officer as of the time of his taking such possession. The Contractor hereby agrees that such payments when made shall constitute full settlement of all claims of the Contractor against the Contracting Officer and the United States or either of them for money claimed to be due to the Contractor for any reason whatsoever. In case of such termination of the contract the Contracting Officer shall further assume and become liable for all such obligations, commitments, and unliquidated claims as the Contractor may have theretofore in good faith undertaken or incurred in connection with said work, and the Contractor shall, as a condition of receiving the payments mentioned in this article, execute and deliver all such papers and take all such steps as the Contracting Officer may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such obligations or commitments. When the Contracting Officer shall have performed the duties incumbent upon him under the provisions of this article the Contracting Officer shall thereafter be entirely released and discharged of and from any and all demands. actions, or claims of any kind on the part of the Contractor hereunder or on account hereof.

ARTICLE VIII.

Abandonment of work by Contracting Officer.-If conditions should arise which in the opinion of the Contracting Officer make it advisable or necessary to cease work under this contract, the Contracting Officer may abandon the work and terminate this contract. In such case the Contracting Officer shall assume and become liable for all such obligations, commitments, and unliquidated claims as the Contractor may have theretofore, in good faith, undertaken or incurred in connection with said work; and the Contractor shall, as a condition of receiving the payments mentioned in this article, execute and deliver all such papers, and take such steps as the Contracting Officer may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such obligations or commitments. The Contracting Officer shall pay to the Contractor such an amount of money on account of the unpaid balance of the cost of the work and of the fee as will result in the Contractor receiving full reimbursement for the cost of the work up to the time of such abandon

ment, plus a fee to be computed in the following manner: To the cost of the work up to the time of such abandonment shall be added the amount of the contractual obligations or commitments assumed by the Contracting Officer, and such total shall be treated as the cost of the work, upon which the fee shall be computed in accordance with the provisions of Article III hereof. When the Contracting Officer shall have performed the duties incumbent upon him under the provisions of this article, the Contracting Officer and the United States shall thereafter be entirely released and discharged of and from any and all demands, actions, or claims of any kind on the part of the Contractor hereunder or on account hereof.

ARTICLE IX.

Bond.-The Contractor shall prior to commencing the said work furnish a bond, with sureties satisfactory to the Contracting Officer, in the sum of two hundred fifty thousand ($250,000.00) dollars, conditioned upon its full and faithful performance of all the terms, conditions, and provisions of this contract, and upon its prompt payment of all bills for labor, material, or other service furnished to the Contractor.

ARTICLE X.

Convict labor.-No person or persons shall be employed in the performance of this contract who are undergoing sentence of imprisonment at hard labor imposed by the courts of any of the several States, Territories, or municipalities having criminal jurisdiction.

ARTICLE XI.

Hours and conditions of labor.-No laborer or mechanic doing any part of the work contemplated by this contract, in the employ of the Contractor, or any subcontractor contracting for any part of said work contemplated, shall be required or permitted to work more than eight (8) hours in any one calendar day upon such work, such prohibition being in accordance with the act approved June 19, 1912, limiting the hours of daily service of mechanics and laborers on work under contracts to which the United States is a party. For each violation of the requirements of this article a penalty of five dollars ($5.00) shall be imposed upon the Contractor for each laborer or mechanic for every calendar day in which said employee is required or permitted to labor more than eight (8) hours upon said work, and all penalties thus imposed shall be withheld for the use and benefit of the United States; provided, that this paragraph shall not be enforced nor shall any penalty be exacted in case such violation shall occur while there is in effect any valid Executive order suspending the provisions of said act approved June 19, 1912, or waiving the provisions and stipulations thereof with respect to either this contract or any class of contracts in which this contract shall be included, or when the violation shall be due to any extraordinary events or conditions of manufacture, or to any emergency caused by fire, famine, or flood, by danger to life or property, or by other extraordinary events or conditions on account of which, by subsequent Executive order, such past violation shall have been excused.

In the event of any dispute with reference to wages, hours, or other conditions appertaining to said work between the Contractor or any subcontractor and labor employed by him on said work, the Contractor or subcontractor shall immediately notify the Contracting Officer of the existence of such dispute and the reasons therefor. The Contracting Officer may, at his opinion, instruct the Contractor or subcontractor involved in such dispute as to the method or steps which the Contractor or subcontractor should follow with reference thereto, and the Contractor or subcontractor shall thereupon comply with such instructions.

ARTICLE XII.

Right to transfer or sublet.-Neither this contract nor any interest therein shall be assigned or transferred. The Contractor shall not enter into any subcontract for any part of the work herein specified without the consent and approval in writing of the Contracting Officer. In case of such assignment, transfer, or subletting without the consent and approval, in writing, of the Contracting Officer, the Contracting Officer may refuse to carry out this contract either with the transferror or transferee, but all rights of action for any breach of this contract by the Contractor are reserved to the United States.

ARTICLE XIII.

No participation in profits by Government officials.-No Member of, or Delegate to, Congress, or Resident Commissioner, nor any other person belonging to or employed in the military service of the United States is or shall be admitted to any share or part of this contract, or to any benefit that may arise there from, but this article shall not apply to this contract so far as it may be within the operation or exception of section 116 of the act of Congress approved March 4, 1909 (35 Stats., 1109).

ARTICLE XIV.

Settlement of disputes.-This contract shall be interpreted as a whole and the intent of the whole instrument, rather than the interpretation of any special clause, shall govern. If any doubts or disputes shall arise as to the meaning or interpretation of anything in this contract, or if the Contractor shall consider himself prejudiced by any decision of the Contracting Officer made under the provisions of Article IV hereof, the matter shall be referred to the Officer in charge of Cantonment Construction for determination.. If, however, the Contractor shall feel aggrieved by the decision of the Officer in charge of Cantonment Construction, he shall have the right to submit the same to the Secretary of War, whose decision shall be final and binding upon both parties hereto.

ARTICLE XV.

This contract shall bind an inure to the Contract ›r and its successors. It is understood and agreed that wherever the words "Contracting Officer" are used herein the same shall be construed to include his successor in office, any other person to whom the duties of the Contracting Officer may be assigned by the Secretary of War, and any duly appointed representative of the Contracting Officer.

Witness the hands of the parties hereto the day and year first above written, all in triplicate.

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Boring machine, electric__

Buckets, orange-peel, 1 yard__.

Buckets, orange-peel, less than 1 yard_

Buckets, clamshell__

Boiler and 3-drum engine_

Boiler and 2-drum engine.

Boiler and 1-drum engine....

Boiler only, 30 h. p. and smaller.

Boiler only, larger than 30 h. p

Block machine, concrete..

Cars, skip, 1 yards.

Cars, skip, 3 yards__.

Cars, steel, 1 yd. and smaller.

Cars, 4 yd. wooden__.

Cars, 6 yd. wooden_.

Cars, 12 yd, wooden..

Cars, 1 hopper, radial gate.

Crushers only.

Crushers, with elevator and screen....
Conveyor, gravity, per 100 feet.
Compressor, 10x10 with steam engine_
Compressor, 8x8, belt driven___.

$5.00

.20

.25

.50

.50

3.50

2.00

2.00

3.50

3.00

2.50

1.50

2.00

1.50

.25

.50

.15

.25

.75

2.00

25

2.00

3.00

1.00

2.50

1.00

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Pile drivers, drop

1.50

Pile hammers, steam, larger than 2,500 lbs.

Rail, per ton

Roller, horse

Pile drivers, drop, with single drum engine and boiler.

Pile hammers, steam, up to 2,500 lbs.

3.50

3.00

5.00

.06

1.00

Steam drills_

Small air drills.

Steam roller.

Steam shovel

Sprinkling cart.

Saw benches

Saw benches, with motor or gasoline engine_.

Seale boxes

Scraper, wheel

Transits

Typewriter.

Fuel and lubricants not included in these prices.

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