Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-06-04

a. for future references se publish herewith |
the full text Of the contracts for furnishing |
and building the sdiiton to the
STATE Capitol
Booth Bsotksss ant Hurricane Isle |
0rsLits compsnys Contract.
This agreement, made the thirty fret day
81 May. rs the year one Thousand eight hun
dred and eighty nine. by and between Booth
Brothers ard Hurricane F.ie Grsaite Com
psny. a corporation by ias duly established
and having a pare Of bs.ine.. Al kOcklsnd,
County Of KnoI State Of Maine, party Of
the sya part hereinafter Delegated the
contradictory and the STATE Of Maine, party
u the second part hereinafter Designated
the ovnsrJ.
Wnnesseeh that the contractors, being the
said party u the ir.t part. In consideration
II The covenants and agreements berein con
aimed on the part Of the owner, being the
.a,d party Of the second psrt DO covenant.
promise and agree With the said osn4r, iB the
manner following, that il 10 say
let The contractors shall and will we'll
and sufficiently perform and finish under the
direction, and 10 the satisfaction of Brigham
SpoGord, architects acting as agent
Of said owner. all the work included
In the farnishinz and Ani-hinz Of all the
granite required in the construction aud com
pls ton Of so addition 10 and alteration of
the STATE Capitol at Augusta, Name, out OF
granite az per sample submitted by them
~ith their bid which drawing, and speeihcs
ions are hereby made part Of this contract
agreeably 10 the drss irgs and specifications
made by the said architect. and signed by the
parties hereto copies of which have been
delivered 10 the eonusctor,). and 10 The dt-
mentions and explanations. thereon, therein
and herein contained, according to the true
rtent and meaning Of said drawings aud
.ps ci &c a;i0u., and Of these presents. inelud-
ing all labor and materials incident thereto,
and shall provide all scanoldlng implements
and carriage necessary for the doe performance
Of the ,ald work
-. Should IL appear that the work hereby
Intended 10 be- done, or any of the matters
relative thereto, are not sufficiently detailed
or explained on the said drawings, or IN the
said specifications. the contractors shall apply
to the architect. for such further drasings
or explanations AS may be necessary, and
shall conform 10 the same part of this con
tract, so far as they may be consistent with
The original drawings, and IN event of an,
doubt or question arising respecting the true
meaning of the drawings or specifications,
reference shall be made TO the architects,
whose decision thereon. being just and i'm
partial. shall be final aud conclusive 1t Is
mutually und TODD and agreed that all
drawings plans and specifications are and re
main the property of the architects
3D. Should any alterations be required in
the york shown or described by the drawings
OF specifications. fair and reasonable valua-
ton of the work added or omitted shah be
made by the architects, and the sum herein
agreed to be paid for the work according 70
the original specification shall be increased
or diminished the case may be. In case
such valuation is not agreed To, the contractors
shall proceed with the alteration, upon the
written order of the architects, and the val
usriOn of the work added or omitted shall be
referred to three o. arbitrstofs mo one OF
whom shall have been personally connectt d
with the work IN which these presents refer
to be appointed as follows: one by zach OF
the parties TO this contract, and the third by
the t-o thu. chosen; the decision Of any t~o
of whom shall be final AID binding, and each
of the parties hereto shall pay one half of the
expense of such reference,
An. The contractors shall within twenty
four hours after receiving written notice
from the architects to that effect. proceed to
r, move from the grounds or building all ma
terisls condemned by them whether worked
or unwork, j which the archtt cts shall con
iemn 50 unsourd or improper, or rs in any
wsy failing tn conform to the drawings and
sro G tcAtion, and to the conditions Of hi,
contract, nil damage happening to the same
by their nsyl ct shaii be made good by them
the constructors.
9TH The contractors shall permit the
architects and all persons appointed by the
architects 10 visit and inspect the said work
or any part thereof, at ali times and places
during the progress of the same and shall
provide sufficient, safe and proper facilities
| TOR such inspection.
6th. The contractors shall and will pro
ceed with the said work, and every part and
detail thereof, in prompt and dilgent man
ner. snd shall ard will wholly finish the said
work according 10 the said drawings and
spec iticators, and this contract, on or be fore
the fifteenth day of October in the year one
thousand eight hundred and eighty mine pro
vided that possession of the premises be giver
/ the contractors and lines and levels of the
/ building furnished them, on or before the
third day of June in the year one th0usano
/ eight hundred and eighty -ninel. and in default
I thereof the contractors shall pay TO the Owner
twenty FIVE S25.00) dollars for every da,
thereafter that the said work shall remait
unfinished, n. and for liquidated damages.
1 9Th. Should The contractors be obstructe,
or delayed in the prosecution or compj, ton o.
the work by the neglect delay or default Of
any other contractor. or by any alteration
which may 1 = required in the said work OF
by any dsmsge ~hlch may happen thereto by
FIRE, or by the unusual action of the elements.
or otherwise; or by the abandonment of tn,
work by the employees through no default
of the contractors. then there shall be an al
lowauce Of additional time b. youd the dat,
act for the ccmpietcn of the said work hui
no such ALLOW auce shall be made unless
claim is presented in writing at the time OF
such obstruction or delay. The architects
shall award ard certify the amount of adj
tonal time to be allowed; in vhich case the
contractors shall be released from the pay
meut Of the stipulated damages for the ad
ditionsl time so certified and no move. TIL,
contractors may appeal from such award tC
arbiustors constituted as provided in Articl,
ID of this contract.
Sth, Tie contractors shall not let, assigr
or transfer this contract or any interes
therein without the written consent of III,
architects, and any such assignment o.
NhUricr 'uhll Ettutr liis CONTRACT nun hnt
void at the option of the owner
9TH The contractors shall make no claiu
for additional work unless the same shall b,
done in pursuance of an order from tn,
architects, and notice of all claims shall b,
made to the architects in writing within ter
days Of the beginning of such work.
10th. The owner agrees TO provide al
/ labor and materials not included in this con
/ tract in such manner as not to delay the ma
tsrial progress of the work and in the even
Of failure so TO DO, thereby causing loss tC
the contractors, agree that it will reimburse
the contractors for such loss; and the con.
tractors agree that if it shall delay the ma
terial progress of the work so As to cause any
damage for which the owner shall become
liable as above stated, then they shall make
good TO the owner any such damage
and above any damage for general delay
herein otherwise provided; the smount OF
such loss or damage, in either case. to be
I fixed and determined by the architect or BY
arbitration. ss provided in Article Sd
l2'h Should the contractors 1T sny time
refuse or neglect to supply sufficiency OF
properly skilled workmen. or of material. of
the proper quality, or fail in any respect to
prosecute the work with prompness and dill
gence, OF fail in the performance of any of
the agreements on their part herein contained
such refusal, neglect or failure being cert
1ed BY the architects the owner shall be at
liberty, after three dsys~rtten notice TO the