APPENDIX H— Continued.

35

CONTRACT FOR SUBSTRUCTURE OF KENTUCKY APPROACHTO THE BRIDGE ACROSS THE OHIO RIVER,

AT CAIRO, ILLINOIS.

This Agreement, made and entered into on this the ninth day of March, 1889,by and between George S. Field, Edmund Hayes, C. S. Maurice and CharlesMacdonald, who as individuals and also as a partnership firm doing business underthe firm name of the Union Bridge Company, of New York, contract as herein-after set forth as parties of the first part, and Tiie Chicago, St. Louis and NewOrleans Railroad Company, a corporation existing under the laws of Kentucky,Tennessee, Mississippi and Louisiana, and acting herein under authority granted bythe State of Kentucky, which contracts as hereinafter set forth as party of thesecond part, witnessetii as follows:

First. The parties of the first part aforesaid contract and agree with the partyof the second part aforesaid, that they will, according to the plans and annexedspecifications, and under the directions of the Chief Engineer of the bridge, con-struct that part of the approach on the Kentucky side to the railroad bridge of theparty of the second part across the Ohio River at East Cairo, in Ballard County,in the State of Kentucky, which is hereinafter specified, upon the terms and con-ditions following, to wit:

Second. The parties of the first part agree to furnish the necessary materials,means and appliances, and to perform and do in accordance with the plans andspecifications aforesaid, and under the direction of the Chief Engineer aforesaid,and within the time herein fixed, the work of constructing the twenty-one piers ofsaid approach in the manner described in the accompanying specifications, for fourand four-tenths (4 T 4 T ) cents per pound for steel, three (3) cents per pound for thecast-iron, eight dollars and a half ($8.50) per cubic yard for the concrete used there-in, twenty-five (25) cents per cubic yard for the necessary earth excavations, andthirty-five (35) cents per lineal foot for the necessary piles left in the completedwork, subject to the provisions of the specifications.

Third. The work herein specified shall be executed under the direction of theChief Engineer of the bridge and his assistants, by whose measurements and cal-culations of the quantities and amount of the several kinds of work done and ma-terials furnished the monthly estimates shall be made and the final estimate deter-mined, and said Chief Engineer shall have power to reject all work and materialswhich in his opinion shall not be in accordance with the plans and specificationshereto attached, and with the spirit of this agreement. During the progress of thework ho shall determine any questions as to what is required by the plans andspecifications, and he shall decide whether the work is from time to time proceed-ing with such diligence as to insure the completion of the several parts, and of thewhole work upon the said approach, including the superstructure, by the time men-tioned in this contract; and if, in the opinion of said Chief Engineer, said work or

any part thereof shall not be so proceeding, he shall require such additional forceto be put upon the same within such time as he may in writing designate, and uponthe failure of the parties of the first part to comply with such requirements, thesaid Chief Engineer may put upon said work the additional force so required at theexpense of the parties of the first part.

Or the said Chief Engineer, upon the failure of the parties of the first part tocomply with such requirements or any of them within the time so designated, or oftheir failure to perform any of their covenants or agreements as herein covenantedor agreed, for thirty days after notice of the breach thereof, may, and on the de-mand of the party of the second part shall, declare that the parties of the first parthave broken this contract and have failed to comply with its terms, and thereuponsaid parties of the first part shall forfeit all claim to the reserved fund or any partthereof which is hereinafter mentioned, and this contract shall be, by tbeir said de-fault so declared, terminated.

Fourth. The work shall be at all times under the supervision of the said ChiefEngineer of said bridge and his assistant engineers, all of whom are to be appointedby the second party, and said Chief Engineer shall have authority to discharge dis-orderly or inefficient foremen or other employees of the parties of the first part en-gaged in said work, if in his judgment their presence or employment upon the workis detrimental to its character, progress or interests; provided, the parties of thefirst part fail to discharge them upon his request to do so.

Fifth. The work on said foundations and piers shall be continued without un-necessary delay to completion, and there shall be no unnecessary delay in furnish-ing the materials or in any part of the work of construction, or any haste in thework, or any part thereof, which may affect injuriously the stability of the founda-tions, piers or superstructure, or any part thereof ; nor shall any material mentionedin or allowed by the specifications be used which is not the best for the purposeused according to the opinion of the Chief Engineer of said bridge.

In case any change in the location, specifications or plans of said work, prior toits final completion, is required by the party of the second part, the prices of thematerial furnished therefor or work done thereon shall not exceed those mentionedfor similar material or work.

Sixth. In case the entire work is not completed at the date provided for inthe specifications, the parties of the first part shall pay to the party of the secondpart three hundred and fifty dollars ($350) per day as liquidated damages for eachand every day beyond said date that the said work remains incomplete.

Seventh. It is further agreed between the parties hereto that the parties ofthe first part shall have no right or power to assign this contract in whole or part,nor to assign any right arising thereunder; and in case of the insolvency or bank-ruptcy of said parties of the first part or any of them prior to the final completionof said work there shall be nothing due them under this contract, save for suchparts of material furnished and accepted, and for work theretofore done, that hadnot been at that time estimated, or if estimated, had not been paid, but the failurefrom insolvency to progress with or finally complete said work and its several

parts, or either of them, as and at the dates herein mentioned, or the failure fromany cause to finally complete said approach as herein contracted, shall ipso facto ,be a forfeiture of the reserved fund, and neither of said parties of the first part,nor any assignee in bankruptcy or otherwise, shall have any right or claim theretoor to any part thereof. And it is further agreed that no part of the work men-tioned herein shall be sublet or in any way removed from the control of the partiesof the first part under the direction and supervision of the Chief Engineer, as afore-said, except with the express approval in writing of the said Chief Engineer.

Eighth. The character of the work, the kind of materials furnished, and allthe other requirements of the annexed specifications and plans, and the times limitedfor the completion of each part and of the whole, are agreed to be essential partsof this contract.

Ninth. The terms of payment for the work shall be as follows: During theprogress of the work the Chief Engineer shall cause estimates to be made of thework done and materials delivered during each calendar month, and about the15th day of the succeeding month the amount of the same shall be paid to theparties of the first part, less, however, a reserved fund of ten (10) per cent., whichreserved fund shall be held by the second party as security for the completion ofthe whole work and its several parts, and if at the times herein contracted each andevery part of the substructure of said approach has been built in accordance withthe specifications and plans and is delivered up to the second party free from allliens and claims, and if the parties of the first part have done and performed alltheir covenants and undertakings herein, then the party of the second part is to payover to the parties of the first part all of said reserved fund.

It is agreed that after the completion of the entire work in accordance with thespecifications and directions of the Chief Engineer, and before the final settlementis made, any differences or controversies arising under this contract between theparties hereto may be finally settled by a body of arbitrators consisting of threepersons: one to be tbe Chief Engineer of said bridge, one to be named by thecontractors, to-wit, the parties of the first part, and the third to be selected bv tbeother two. The arbitrators shall judge by a majority vote, and their decision shallbe final and binding on both parties, and their award shall be performed withinfifty (50) days after the work is finally completed and accepted and the awardannounced ; but the party asking said arbitration shall in writing specify the par-ticular thing to be arbitrated, and the arbitrators shall be confined to the thingso specified by the one or both parties.

Tenth. It is further agreed that no material shall be estimated until deliv-ered at the bridge site, except steel for the cylinder shells, which shall be esti-mated when delivered at the shops of the party of the second part; and such steelshall be marked and set apart for use in said work, and the parties of the secondpart shall have a special lien thereon to the extent of the advances thus made;nor shall any material be paid for on final estimate or otherwise which does notform an actual part of the finished structure or is not of the class and qualityrequired by the specifications.