Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1875-06-23
CONTRACT
For the Construction Of the
Water Power Mt this City.

part, and the Ottumwa Water Power
Company, of the second part, Vitness-
| eth that the said D. d. Sears and Son
agreo to put in two dams at Turkey
Island, in the Des Moines River, in
Wapello county, Iowa, for said sec
ond party, on the plans hereto attach
ed, and in the manner hereinafter
stated more particularly, to-wit:
Said d. u. Sears and Son agree to
Golfer the bed of the river, and pump
said coffer.dams dry, level the bottom,
and groove the dams in the rock bot
toms, drive a sufficiency of piles where
the bottom is not rock, and where plies
are driven, frame upon them good,
durable rattera, 9 inches by Is inches,
and spike upon them double deck of
3 inch plank, so as to make solid 6
inch covering, and to apron under all
such pile work with round timber,
well bolted together and filled with
rubble stones, SO as to perfectly pro-
tect the bottom from washing. And
said ID. b. Sears aud Son agree to build
said dams as high as said second party
may think prudent to build them, and
to fill the dam on the rock bottom with
rnbblo and cement, and plank the up.
river side with 3 inch plank, and iron
both dams In the most approved and
substantial manner. And said d. B.
Scars and Son agree to build all the
abutments for said dams and guard
lock, according to the plans and speci.
fications Of the engineer Of said Sec
ond party, or larger and longer, II
said second party shall deem 1t neces-
sary, to rip-rap both ends of both
dams with rubble, to the satisfaction
OF the engineer Of said second party
to build guard lock as wide as said
engineer may deem necessary, and at
least thirty foet In length, up and down
the stream; to put in the necessary
gates in q good and substantial man
ner, and bridge the upper end Of the
guard-lock with three.inch red elm
plank, lG feet in longth, for roadway,
and TO build three IL II. by 16 #. one
story buildings Zone for each dam, and
ono for the guard-lock), for tho pur-
pose of storing splash -boards, gates,
tools, &c, and paint and finish them
in q substantial and tasty manner and
said ID. B. Sears and Son agree to fur
nish movable splash boards and their
supports for both dams. to raise tho
head two feet in low water, and agree
to saturate all lumber above low
water line, with three coats Of boiling
coal tar.
And tho said ID. Il. Seara and Son
agree to guarantee said dams and
guard lock to successfully Withstand
floods and ice during the years 1876,
1876. and 1877.
The second party agrees to pay to
said d. B. Sears s. Son, for the con-
struction of said dame, and for the
other work herein before specified,
the sum OF Sixty-four Thousand Six
Hundred and Twenty Dollars in
monthly installments, AS the work pro-
crosses, and in case of failure to 80
pay, said Company agrees to pay TO
said d. b. Sears Il Son ten per cent.
interest on each of said installments,
after the same becomes due. Said Sec
ond party also agrees to secure the
right of way for said work so that 1t
may commence at once.
1t ia further agreed between the
parties, that said ID. b. Sears Il Son
will do all Of the earth work with the
exception Of the excavation Of tho tail
race, at 1879 cents per cubic yard,
which sum, said second party agrees
to pay in the same manner, and on the
same conditions as for the dams, but
this does not contemplate excavations
for dams and abutments but only those
for head race and cmbankments. And
ID. b. Scars Il Son agree further that
tley will give bond in the sum oil
Fifty Thousand Dollars with security
to be approved by the Board of Direct
ors of said Water Power Company for
| the faithful performance of this CON
tract on the part Of said ID. b. Sears 4
Son, and as security for the guaranty
hereinbefore made that the work shall
stand during the years 1876, 1876 and
1877.
It is further agreed betweer the
parties hereto, that oil of the work
herein mentioned shall be dono dur.
ing the present year, 80 that the same
shall be completed before the lst day
of January, 1876, provided however
in case the season should be unusually
rainy or any unavoidable acciden,
shall interfere with the progress of thu
work, the said ID. B. Sears & Son shal
have . reasonable time thereafter Il
complete the work.
1t is also further agreed between th,
parties, that the sum which the said
second party agrees herein to pay fol
tho construction of the said dams
guard lock, and other work as hereiz
specified, is for full complete and per
feet work, and that said second party
shall not be liable tor any extra worl
on said dame, or guard lock, excep
for such fish way as may be requires
in said dams, which shall be consider
cd extra work, for which said d. b
Sears Il Son shall be entitled (,
reasonable compensation.
1t is further agreed that in case AM
leakage should DO discovered, or saii
dams or guard lock be injured In an,
material way by floods, ice, or othe
causes during the time that the said firs
party has agreed herein to guarant!
said work, 1t shall be the duty Of th
said Second party, when such defec
or injury shall become known to II, {,
at once, or without unnecessary delay
notify said first party by telegraph o
otherwise Of such leakage or injury
and on the receipt Of such notification
1t shall be the duty Of the said tirs
party, without unreasonable delay, an,
as soon ~ practicable to prevent sue
leakage, and without additional O
further pay to repair any and all dam
ago that may occur from floods or ic
to said dams. and guard lock, even I
the extent of putting in new dams an
, new guard lock, should they be d.
stroyed at any time previous 10 Jsnr
ary lst, 1878, but the said first part
shall in ne case be liable for. any dan
. age to any mill owners or to partit
using the power Of said Second part,
1t boink expressly understood that I'll
guaranty OF the said first party Of sai
dams and guard lock, 10 to speedily r.
pair In case of injury to, and to rebull
In case of the destruction of said dan
! and guard lock within said time.
: 1t is also understood and agreed b.
d tween the parties that said first parl
iR cQp&i ae< tiQp q, raoAixing the -coI