The Ottawa free trader., 1882-07-29

the county of La Sale and state of llll-
nOis, at place to be staked out and des.
ignateel by the couIt-hou e and jail
building committee, said building to be
erected and completed in all its parts ac-
cOrding to the plans and specifications
made for the same by Nj. l.. Beers. archi-
tect, a copy of which plans, marked "EX-
hibit A and hereto attached, are made
part Of this contract
And it is furthermore agreed that all
the work herein provided for, directly or
contingently, shall be done in "A good and
WOrkmanlike manner, and that IL snail
be such as shall be suitable for building
OF the character herein contemplated ana
provided for, and that all the materials
wrought therein, of whatsoever kind and
nature, shall be of the best quality and in
all respects in good order to go into said
building and make a good substantial
structure, and one suitable for the pu-
pose for which it is designed And, fur
thermore, should any alteration hereafter
be made in the design of this building, or
in the kind or quality of the materials to
be used. or in the kind or character of
the labor to be employed on this building,
whereby the cost of the building shall be
increased or decreased by order of the
party of the second part, OF whatsoever
sort or kind, such alterations shall not
vitiate the contract hereby entered into,
but the party of the first part shall, on
due notice of such alteration or addition,
increase the number of their wOrkmen ii
necessary, so as to fully complete said
work in Il proper manner and denver IT
up TO the party of the second part IN
good order for use, free from all mechan-
ic or other liens, on or before the first day
of August, A. d., 1882.
And it IS hereby especially agreed and
Il hxy M .lrfI In1
time is the essence OF this contract, and
it is also agreed that If said work is not
completely finished and delivered up to
the party of the second part as aforesaid
that the party of the first part Shall for
felt and pay to the party of the second
part, as liquidated damages, the sum OF
fifteen dollars per day for every day said
work remains unfinished and undellver-
ed, which sum or forfeiture the party of
the second part shall have right to de-
duct out of any moneys that may be due
and owing to the party of the first part
on account of the work heretofore done
In case of such additions, deductions, or
alterations in the work as hereinbefore
provided, and the parties to this con-
tract cannot agree upon the value OF the
same, it shall be the duty of the superin-
tendent to determine the value OF said
work, and add to or deduct from the con-
tract price. as the case may be. And in
this, as in all questions of difference aris-
ing under this contract, appeal may be
had to the architect. whose decision shall
be final.
1t is further agreed by and between the
parties hereto, that the work upon said
building shall be commenced on or be-
fore the lst day of May, A. D., 1882, and
that should it be found that the party of
the first part does not commence the work
at the time indicated or contemplated by
this contract, or having commenced the
same, refuses or neglects to proceed with
it so as to brig it to completion by the
time mentioned herein, or if they shall
neglect or refuse to furnish such material
for or to do the work in accordance with
the requirements of the plans and speclii-
cations herein referred to. or as directed
by the architect or superintendent, it
shall be lawful for the party OF the sec
ond part, after having given three days
notice, to employ such other person or
persons, by contract or otherwise, as may
be necessary to complete the several un-
finished parts of the building as remain
incomplete, and the bill or bills of such
artificers as may be 80 employed, and all
necessary incidental expenses growing
out of the same, shall be deducted out of
any moneys that may be due and owing
to the party of the first part on account of
the work done by them.
Furthermore, it shall be the duty of the
party of the first part to remove any and
all rejected material off the premises if
requested to do so; to take down, recon-
struct or rebuild any work that the arch.
itect or inspector Of the work shall deter
mine is not done IN accordance with the
plans and specifications, and it shall be the
duty OF the party of the first part to secure
pIrno Nf "A ri or 10
and their work, so as to prevent accl-
dents by the elements or Otherwise-ex-
traordinary and positively unavoidable
accidents excepted Only-and 80 that the
whole shall remain sound and in good
condition during the progress of the work,
and until delivered up as finished. And
the party of the first part shall be liable
to the party of the second part for any
damage to the building or any mechanl-
cal work which is being done in connec-
tion with the work of the party of the
first part; and the said party of the sec
Ond part shall also be liable to the party
of the first part in a similar manner for
any damage that may accrue to the party
of the first part on account OF the ne
glect careleSSneSS or omission of duty on
the part of the party of the second part,
or any person or persons whom Said par
ty of the second part shall employ or
cause to be employed on these works.
And it is furthermore especially agreed
that if in the progress of the work 1t shall
be found by the architect that the party
of the first part is not doing said work in
proper manner, and that it is necessary
to have an inspector constantly on the
work in order to insure its being so done,
then the architect or the party of the sec
Ond part may employ some suitable per
son to act as such inspector, whose duty
it shall be to give all needed directions
and instructions in regard to the work in
the absence of the architect, and such di
rectiOnS or instructions are to be regard
ed and followed, unless cOuntermanded
by The architect, and the necessary re-
muneratiOn or expense of employing such
person or inspector shall be determined
by the architect. not, however. to exceed
the sum of four dollars per day, which
sum shall also be deducted from any
money that NAV be due and owing to the