The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-10-30

tIlt coHtfdclOE VIII pe dfiJfEo tNv
years and six mouths from the date OF
contract to complete the work n FUR
nisha the water specified.
For every days delay beyond the term
of contract, the contractor shall pay the
City Of Jersey City the sum OF two hum
dred dollars per day as liquidated dam
ages, and not by way Of penalty.
accidents or other delays unavoidable or
beyond the control of the contractor,
shall not be computed as part OF the
time herein specified, If the unavoidable
ity of such delays is certified TO by the
Engineer appointed by the City to super
intend said work.
RIGHT OF EMINENT DOMAIN. &
The City will agree to exert or exer-
else such powers or rights in the matter
Of condemnation or otherwise as it now
has or may hereafter acquire, n Whicn
may be advantageously used or exercised
for the purposes of the contract, in order
to enable the use or acquisition OF sach
water and water rights a LANDS OF
other property. for fheS right OF way,
storage reservoirs and other works OF
plant. as may be necessary to the proper
and convenient construction and nam
tenance Of said system OF water WORKS
10 supply Jersey City as aforesaid; sald
rights OF condemnation to be exercised
in the name of the City, but at the cost
and expense of the contractor; and the
contractor shall pay and hold the CITY
harmless of and from all cost, expenses.
claims and demands Of all persons by
reason Of the taking and acquiring Tor
the purpose of the proposed contract OF
all lands, water. water rights and other
property. The City will also agree to ex-
ercise, on demand OF the contractor, al
its legal powers TO prevent pollution OF
waters tributary 10 The proposed WORKS,
but all expenses attendant upon the pre-
yention of such pollution snall DC borne
by the contractor.
Use OF CITY LANDS AND STREETS;
The City will, so far as II mas iegai
Immediately taken down ana repulll IN
accordance with the plans and speciflca-
tons. When defective material has been
condemned it shall be al once removed
from the work and disposed OF 10 us
satisfaction of the Engineer.
Copies OF all plans n WORKING draw
ings prepared by the contractor Tor use
on the work shall be filed with the En-
gineer before such plans n drawings
Shall be used in construction. II sucn
plans and drawings do not CONFORM 10
the specifications they may pc reyeeieu
by the Engineer, and after sucn reJecsloh
they shall not be used on construction.
The contractor shall be served with d
written notice from the Engineer 70 re-
place or emo any rejected Work OF
rial which may prove defective on
the fhnal test of the water works,
or in their use and opefaslon
prior to the purchase Thereon by Inc Sief,
which notice shall designate a reasonable
time for the completion OF such fepldce-
ment or removal, and II n contfaGtof
shall neglect or refuse 10 obey such notlee,
IISH the lily w a
same at the expense of the contractor.
The final test of the works will be the
turning on of the water and lts dellgery
in the specified amount TO the lily.
Under this test the works must be Tree
power, permit the contractor TO use sucn
lands as it may now own OF cohlloi %
may be Necessary for he p nropossd = con-
duit from Passaic River to the resef-
voirs at Jersey City Heights.
The contractor, in constructing tne
r. - --l nv n m llll
under the contract, shall have the rlgnt
10 Law pipes through the streets, avenues
and lands of the City, pubic PARKS eA~
copied; provided, however, tndl suen uu ,as
str,,ction through such streets, avenues
and lands shall be made under the dlrec.
lions of the Board of street ana Natsa
Commissioners. and shall not intefieIe
with or injure other constructors u
works made therein; and that the con-
tractor shall. at his w cost ana eN-
pense, Immediately fill up all eXcapalioas
and relay any pavement or slue"ain
moved and leave such streets, avenues
and lands in as good condition after such
pipes are laid therein as tney Weis oe
fore such work was comHielceo'
INSPECTION.
The Engineer shall have the right TO
insnect and test the, character OF lHe
work performed and the material useu ~
constructing the water WORKS allu tne
contractor Shall afford said Engineer req
sonable facility for making sucn tests
ana inspection. Defective work ana ma
terial may be eondenned by Inc rAisis
neer at any tine before me Ina sseh
work has been copdetnned Il silai ps
from leaks and imperfeotions and mus55
prove themselves efficient, s~erviceapte aiu
durable for the purpose ntenued
All parts of.the work exposed. 70 the eve
shall he Of neat and w~orkmanlike appear-
ance without unnecessary ornahnehtattoit
Worknanlike constructor, sound, soid
md ff1ClSnL-44l. 4l-~ lI-EEss=- - -
The organizations are intended to Sc
cure first class material. and WoTKlna or y
material not mentioned or oescflpgu,
which may be necessary 70 make tHe
works to be. constructed ans "a
ali respects of the best quality and EN-,
cheney, shall be, furnished ana periorInsu
by the contractor as fully and thoroughly
as if the full details and specihcatl0h
MAINTENANCE.
The contractor shat MAINTAIN tne WaLei
works in good condition and thorough re-
pair So long as the City shall purchase
"aAsIB5ANDoNlMENT OF CONTRACT,
IF the Engineer shall certify thar the
contractor has ~bandoned me Worh ~
be done under the contract, or that salu
work is being unnecessarily or unfedsoii-
ably delayed, or that the contractor IS
wiIfully violating any of the terms, cove
nants and agreements of the contract, OF
Is not executing this contract in gooa
faith. or is not making SUCH progress as
ia Indicate its completion within the re-
ollired time, then the Board OF street
and Water Commissioners shail nave ms
power and right to notify the conifdcto1
TO discontinlie all work or any part laeIS,
OF under tlfis contract. and upon such'
notification said contractor snail ulscoii-
tinne said work, or such parts Thereon as
said Board may designate; and SAID Boafu
shall thefellpon have the power 70 leiet
fine work. or any part thereon, ana 70
complete the same at the .coSt ana eA-
pense of the contractor; and the expense
81 charged shall be deducted ana palq
nv said Board out of such money as may
bs due. or become due at any time there
after, to said contractor under TINS con.
tract or any part thereof. In case sucn
EXPENSE is less thar the sum which WouiG
have been payable under this contract Il
fha same had been completed py sa1u
contractor. it is agreed tnat Said con-
tractor shall be entitled to receive tne
difference; and in case SUCH expense sisa.i
exceed the sum which would have been
navable under this contract il the same
mad been completed by said contractor,
then said contractor shall pay the amount
nf such excess to said City, on notice
from said Board OF the excess so due.
UNPAID CLAIMS.
The contractor shall pay pnnclually an
the rkm who shall be employed IN
constplicfing the water works. and the
Persons who shall furnish material there
FOR. and shall furnish the Board OF street
and Water Commissioners with evidence
satisfactory TO said Board llal al persons
VINO have done work or furnished mater,
afils under this contract and have nled
any account of such claims with sad
Board. have been fully paid, or, are not
entitled to any lien under the laws OF TINS
State. In case such evidence be not Iur-
nished. said Board may Wlthhoia sucn
amount as it may deem necessary TO meet
,ha Ia wfti claims of theAperSOnS afOr6-