and sufficient to meet the claims of the persons aforesaid shall be retained from the moneys due the said contractor under this contract, until the liabilities aforesaid shall be fully discharged or satisfactorily secured.

And the said party of the second part further agree that they will indemnify and save harmless said Rochester Aqueduct and Water Company from all claims, demands, suits, and actions of every name and description, for or on account of any injuries or damages received or sustained by any party or parties in their persons or property, by or from the party of the second part, their servants, or agents in the construction of the said work, or by or in consequence of any improper materials used in its construction, or by or in consequence of any negligence in grading the same, or by or on account of any act or omission of the said party of the second part, or their agents, and at their own proper cost and expense defend any and all such suits and actions, and will execute a bond in such sum and in such securities as shall be approved by the said Rochester Aqueduct and Water Company, conditioned to indemnify and save harmless, as aforesaid, the said Rochester Aqueduct and Water Company, and for the faithful performance of this contract by the party of the second part; and the said party of the second part hereby agree that so much of the money due to them under and by virtue of this agreement as shall be considered necessary by the Rochester Aqueduct and Water Company, may be retained by the said party of the first part until all such suits or claims for damages, as aforesaid, shall have been settled, and evidence to that effect furnished to the satisfaction of the said company.

And the said party of the second part further agree that the engineer of the Rochester Aqueduct and Water Company may make alterations in the line, grade, plan, form, or dimensions of the work, or in the amount of pipe herein contemplated, either before or after the construction is commenced.

If such alterations diminish the quantity of work to be done, they shall not constitute a claim for damages, or for anticipated profits on the work that may be dispensed with; if they increase the amount of work, such increase shall be paid for according to the quantity actually done, and at the price established for such work under this contract. No claim for extra work shall be made unless the same shall be done in pursuance of a written order from the engineer, and all claims for extra work not made to the Rochester Aqueduct and Water Company in writing before the next succeeding estimate after the work was performed, shall be considered as abandoned by the contractor.

And the said party of the second part hereby agree to receive the following price as full compensation for furnishing all materials not found on the ground, (except the pipes and other castings, stop-gates, air-cocks, check-valves, and hydrants), and for all labor in moving material and executing all the work contemplated in this contract; also all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the same; also for all expense incurred in consequence of any suspension or discontinuance of said work, and for well and faithfully completing the work, and the

whole thereof, in the manner and according to the plans and specifications, and the requirements of the engineer under them, to wit:

:

I. For all excavation in rock, including disposal of materials in spoil-banks, the sum of per cubic yard in excavation.

2. For inspecting all pipes, special castings, and other materials, hauling and distributing the same, all trenching, laying pipes, and all appurtenances, furnishing all materials and doing all labor necessary for the same, back-filling trench, crossing under railroad track, including all expenses incident thereto, hauling and setting all hydrants complete, furnishing and setting in place all wooden stop-gate and air-cock boxes, including the fitting and securing of all iron frames and covers,—meaning the price here named to be full compensation for all expense and cost of completing the work called for by these specifications, viz.:

And the said party of the second part hereby further agree that the said party of the first part shall be and are hereby authorized to deduct and retain out of the money which may be due to the party of the second part, under this agreement, the sum of twenty-five dollars ($25.00) per day as liquidated damages for each and every day that the aforesaid work may be uncompleted over and beyond the time herein stipulated for its completion; provided, however, that the said Rochester Aqueduct and Water Company shall have the right to extend the time for the completion of the said work, if they shall decide to do so.

And it is further agreed by the parties of this contract that the engineer of the Rochester Aqueduct and Water Company shall make monthly estimates, as the work progresses, of the work done and the materials delivered, and the payments shall be made of eighty-five (85) per cent only of the amount of said monthly estimates.

And the said party of the second part do hereby further agree that they shall not be entitled to demand or receive payment for any portion of said work or materials, except in the manner set forth in this agreement, nor until each and all of the stipulations herein before mentioned are complied with, and the engineer shall have given his certificate to that effect, whereupon the party of the first part will, at the expiration of forty days after such completion and delivery of such certificate, pay, and it hereby binds itself to pay, to the said party of the second part, in current funds, the whole amount of the money accruing to the said party of the second part under this contract, excepting such sum or sums as may be lawfully retained under any of the provisions of this contract herein before set forth; provided, that nothing herein contained be construed to affect the right hereby reserved by the said Rochester Aqueduct and Water Company to reject the whole or any portion of said work, should said certificate be found

or known to be inconsistent with the terms of this agreement, or otherwise improperly given.

In witness whereof, the parties have hereunto set their hands and seals, this twenty-first day of July, anno domini one thousand eight hundred and eightyfive.

and

of

in the county of

and

-, are held

That we, state of -, copartners under the firm name of and firmly bound unto the Rochester Aqueduct and Water Company duly existing under the laws of the state of New Hampshire, and having its place of business at Rochester, New Hampshire, in the sum of five thousand dollars ($5,000) lawful money of the United States of America, to be paid to the said Rochester Aqueduct and Water Company, or its certain attorneys, its successors and assigns, for which payment will and truly be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents, sealed with our seals, dated the year one thousand eight hundred and eighty-five.

and

day of

in the

have entered into a contract

Whereas, the said with the Rochester Aqueduct and Water Company aforesaid by the agreement hereof, bearing date the twenty-first day of July, one thousand eight hundred and eighty-five.

Now the condition of this obligation is such, that if the said

and

shall well and truly keep and perform all the terms and conditions of this contract on their part to be kept and performed, and shall indemnify and save harmless the said Rochester Aqueduct and Water Company, as therein stipulated, then this obligation shall be of no effect; otherwise it shall be in full force and virtue.

CONTRACT AND SPECIFICATIONS

FOR CONSTRUCTING THE RESERVOIR, DAMS, GATE-CHAMBER, AND OTHER APPURTENANCES FOR THE ROCHESTER AQUEDUCT AND WATER COMPANY.

day of

in the year

This agreement, made and concluded this one thousand eight hundred and eighty-five, between the Rochester Aqueduct and Water Company, a corporation existing by and under the laws of the state of New Hampshire, party of the first part, and of

in

Witnesseth, that the said party of the second part, for a full and valuable consideration, have agreed, and by these presents do agree, with the said party of the first part, and under a penalty expressed in the bond bearing even date with these presents, and hereunto annexed at ―own proper cost and expense, in a good and workmanlike manner, and in accordance with the best of

art and ability to do all work and furnish all materials called for by this agreement, in the manner and under the conditions herein specified, and in accordance with the plans and directions made and to be made from time to time as the work proceeds; and agreed that the said Rochester Aqueduct and Water Company shall be and are hereby authorized to appoint, from time to time, such person or persons as they may deem proper to inspect the materials to be furnished and the work to be done under this agreement, and to see that they strictly correspond to these specifications hereinafter set forth.

To prevent disputes and litigation, it is further agreed by and between said parties to this contract, that the engineer shall in all cases determine the amount or the quantity of the several kinds of work which are to be paid for under this contract; and he shall decide all questions which may arise relative to the exe. cution of this contract on the part of the contractor; and his estimate shall be final and conclusive.

SPECIFICATIONS.

I. LOCATION.

The work is to be done in the town of Rochester, N. H., and upon lines and points indicated by the engineer.

2.-WORK TO BE DONE.

All pipes, special castings, and gates will be furnished to the contractor on board cars at Portsmouth, N. H., freight paid to Rochester by said Rochester Aqueduct and Water Company.

The cost of hauling, and all expense for tools, materials, and labor incurred in prosecuting the work to completion, shall be paid by the contractor; the contractor to receive pipe, special castings, and gates aboard the cars at Portsmouth, N. H., from the manufacturers, all breakage and shipment to be at contractor's risk, until the same is inspected, laid, and covered in trench, under supervision of the engineer.

3.-HOW FORMED.

The reservoir shall be formed by constructing embankments of masonry and earth across two branches of the "Hart" Brook Valley.

4.-CLEARING AND GRUBBING.

The site of the embankment shall be thoroughly grubbed, and all stumps, roots, stones, and loose soil and earth shall be removed down to rock, or to such a depth as the engineer shall direct.

All matter removed in grubbing or clearing shall be deposited in spoil-banks, convenient for future use, in the manner indicated by the engineer.

5.-EARTHWORK, HOW FORMED.

All embankments shall start from a well-prepared base, shall be free from all muck, stumps, roots, and all perishable material, and from stones more than three inches in diameter, and such stones shall not come in contact with each other, nor be placed in the inner slope.

All the banks shall have the inner and outer slopes one and one half base to one perpendicular; and the inner or water slope shall be covered with stone (riprap) to a uniform depth of eighteen inches; the banks, when finished, to be fifteen feet wide on top, exclusive of the soil on the outer slope. The outer slope and top shall be covered with good soil, one foot thick, and shall be trimmed to the form required, and to be well compacted by rolling, ramming, or both.

7.-BUILDING.

The embankment shall be carried up in layers not exceeding eight inches in thickness, slightly concave in cross-section, but level longitudinally. They shall be free from lumps, and to be thoroughly rolled with a heavy grooved roller, and well rammed at all points and places where the roller cannot be effectually used. The embankments shall be worked to their full width as they rise in height, and at same height on each side of core wall. If the engineer shall so direct, the earthwork shall be properly sprinkled with water before rolling or ramming.

8.-CORE WALL.

In the center of the embankment a core wall shall be built, extending from bed-rock, or from such earth foundation as shall be indicated by the engineer, to high-water line. It shall be four feet wide at the base, battering regularly to a width of one and one half feet at high-water line.

Said core wall shall be built of small stones (no stones extending through the work) laid full in thoroughly and freshly mixed hydraulic cement mortar, all joints to be as small as the nature of the stone will allow, and all spaces to be completely filled; the stones to be properly moistened before laying. The