National Republican., 1874-05-08

and to pay the expenses thereof ctft OF the said
psrties Of me arst part as before measlo2ed.
I And the sata party Of the second part further
agrees that he viii PsIchsss and M rscslss So% the
and rsanthsIe frsnres and covers required for the
Sa he VII no. ss eT DISPOSE q
| said pipes or any Of them 30 purchased BY him,
but win use the same exclusively in the conScruc-
that he will pay for the said pipes at the prices
specified in section "a paragraph (n) Of this agree:
ment, in current funds, at the time or times they
may be ordered by him: and hs further agrees
| that he will be at all charges for loading said
| pipes At the yards Of the said commissioner, and
Of hauling the same to the line Of the proposed
And the psrtiesof the first part hereby agree,
upon the expiration of the said period OF six
months provided that the said carrageway shall
at that time be In good order, which fast shall be
determined by certificate to that effect, signed
Of second psrs se whole such @ p part
expenses Of making the said repairs in themanner
aforesaid shall have been paid therefrom
| lB) And the said party Of the second part
hereby covenants and agrees that he will not sell,
before the trench shall have been reflled any
building sand or earth thrown up, except upon the
written permission Of said commissioner, and then
sufiicsnt quantity To- refill the trench and com. /
pete the paving; but that hewfl in all cases refill
Tsh tns san ou
II be unsuitable consisting Of rock blasting stones
or mud, that then the same shall be removed from
| the ground and good clean earth procured and
used for reflling the trench, and sand Of proper
quality and depth spread on the surface to receive
(C) The said party Of the second part further
agrees that the return Of the engineer, to be ap-
| pointed by the Commissioner of Public Works, to
| survey the work, shall be the account by which
| the amount of materials furnished and work done
shall be computed and that the certificate of the
| inspectors appointed totake charge OF said work
| hat ha has baen fafthfullY DerfOrmed in
accordance with the requirements Of this contract
filed with the said commissioner, shall be o condi-
| the second part to payment for work done by him
under this Agreement, or any part thereof; and
payment for any work upon, in, or about the said
work extra work, unless ordered in writing, by
the Commissioner Of Public Works, to do the
| same extra work, and price the-ef agreed
upon previously to Its commencement.
(D) The said party of the second part hereby
further agrees that he will commence the afore-
| said work on such day as said commissioner may
designate, and progress Herewith, so Us TO COM
plete the same in accordance with this agree
thereafter, except where rock excavation be
| necessary, in which case the time hereinbefore
| stipulated for the completion of the work shall
be extended at the rate OF one day for each fifteen
| yards Of cubic rock excavated and removed, and
returned by the engineer aforesaid, in accordance
with the measurement Of rock allowed under this
agreement. Sundays, holidays and SUCH other
days on which the prosecution of the whole ofthe
work, in accordance with the provisions of this
| dgE6cUenIs Is DC 6AC6pI6us duu LuHt
the said stipulated time, together with the time
| which may be allowed for rock excavation, shall
be compared with the aggregate time Of such in.
| not construed to mean consecutive days.
| (E) And the said party of the second part here
by further agrees that the said parties Of the first
part shall be, and they are hereby, authorized to
deduct and retain out Of the moneys which may
| be due or become due to the said party Of the
for the non.completion Of the work aforesaid
within the time herelnbefore stipulated for its
completion, the sum which shall accrue and be-
come due for the inspectors wages, for each and
every day the aggregate time Of all the inspect.
| ors employed upon said work may exceed the said
| stipulated time tor its completion.
| OF The said party Of the second part further
| agrees that II the work under this agreement
shall be abandoned, or IL at any time the said
certify in writing, that the said work, any part
| thereof is unnecessarily delayed, or that the
said contractor is willfuIly violating any of the
| conditions or covenants OF this contract, exc
cutting the same in bad faith, he shall have the
power to notify the aforesaid contractor to dis
continue all work under this contract, any part
thereof; and thereupon the said contractor
| shall cease to continue said work or said. part
| thereof, and the said commissioner shall there
| persons as he may deem advisable by contract or
| otherwise, to work at and to complete the work
herein described. or any part thereof, and to use
such materials as he may find upon the line of
said work, or to procure other materials for the
| completion Of the same, and to charge the ex.
pense of said labor and materials TO the aforesaid
contractor and the expense so charged shall be
deducted and paid by the parties Of the first part
| out Of such moneys as may be then due, or may
at any time thereafter grow due, to the said con-
tractor under and by virtue of this agreement, or
any part thereof and in case such expense is loss
| than the sum which would have been payable
under this contract If the same had been com-
pleted by said contractor, he shall be entitled to
| receive the difference, and in case such expense
shall exceed the last said sum, he shall pay the
amount of such excess to the parties Of the first
part on the notice from the said commissioner Of
| the excess SO due.
| nd ha sold ~ nF ha port
| hereby further agrees that he will give his per-
| sonal attention constantly to the prosecution OF
the said work; that he will not assign or sublet
the aforesaid work, but will keep the same under
his own control; and that he will punctually pay
| the wOrkmen who shall be employed on the afore-
| said work, and mt in what is denOmnated store
| pay; and that he will furnish the said Commis-
Sioner Of Public Works with satisfactory evidence
| that all persons who have done work or furnished
| materials under this agreement, or who may have
| received or sustained any damage injury
through or by reason of any act or OMISSION care
lessness, want of skill on the part of said con-
tractor or his agents in the prosecution of tho
| work aforesaid and who may have given written
notice to the said commissioner before or within
ten days after the completion of the work afore-
said, that any balance OF such work or materials,
or compensation for such injury damage, is still
due and unpaid, have been fully paid or secured
| therefor
And in case such evidence be not furnished as
aforesaid, such amount as may be necessary to
retained from the moneys due the said party of
| the second part, under this agreement, until the
liabilities Aforesaid shall be fully discharged or
/ (H) The said party of tho second part hereby
further agrees to sustain, BY tmbers and sum-
cient chains all the main and service water-pipes
which may be affected in any manner by the work
under this agreement, in their places, without in
jury; or, falling to do so, the said commissioner
shall be, and he is hereby, authorized to replace
them, and recaulk and repair the same mmedi-
Gtely, in each block, as the work progresses, and
the cost thereof shall be charged to the party Of
said party OF the second part shall be paid to the
said commissioner by him before the work to be
done under this agreement shall be accepted rs
conpleted; and the said party of the second part
hereby further agrees, in each and every respect,
to conform to the provisions Of the "Ordinanee
relative to the construction of sewers in streets
where water-pipes Iaid,' approved by the
mayor on the 4th of October, 1874; and that the
same shall be considered a part Of the agreement.
~ And the said parry of the second part fur
ther agrees to do everything necessary to support
and sustain the gas-IIipes laid in or across said
streets, which may be liable to injury from digging
the trenches for the work hereinbefore men.
toned, and to have a sufficient quantity of tim
} Der and plank constantly on the ground, and to
piling the sides of the excavation; also to erect
and keep erect fence or railing across the sides
Ofthe excavation, and place sufficient lights on or
near the work, and keep them burning from twI-
light until sunrise.
And the said party of the second part further
agrees 70 give notice IN Sr:tlng az least twenIy'
pose of constructing the work hereinbeforo men,
toned, to such and all such gas companies as
ntNei UT uuTluB Inc progress Ot Inc HOrk
have, any gas-pipes which may be affected by
such excavations as may become necessary.
And is further agreed that the said party Of
the second part shall not cause any hlndr0nce to
or interference with any such gas company or oorn
panies in protecting their said pipes, In remov
ing or otherwise protecting and replacing the
main and service pipes, lampposts and lamps
where necessary; but that the said party Of the
second part will suffer the said company or com.
panies to take all such measures as may become
necessary for the purpose aforesaid.
And it is hereby further agreed that in case any
damage injury shall or may result to said pipes
lamp posts, lamps and other works Of any gas
company. through or by reason of any negligence
carelesSness or want OF skill on the part Of the
said party of the second part the said party of the
second part shall become liable to pay such
amount as shall or may be sufficient to cover the
, | expense and damage occasioned by such neglt
gence, carelessness or unskilllulness; and such
amount shall be charged against the said party o
} the second part, and may be deducted from any
sum or sums due or payable to said party Of thu
second part on account of this contractI
(K.) And the said party OF the second par
further agrees that he will indemnify and save
harmless the parties of the first part from al
suits or actions Of every name and description
juries or damages received or sustained by any
party or parties by or from the said party Of the
second part, his servants or agents, In the con
struction Of said work, or by or In consequence o.
any negligence in guarding the same, or any i'm
proper materials used in its construction or by Of
account OF any act omission OF the said party
Of the second part, or his agents. and the said
party of the second part hereby further agrees
that the whole or SO much OF the moneys due Il