ment, the Contractor will be required to make good at every point any defect which is the result of non-compliance with any of the provisions of this contract.

(28) The said party of the second part hereby further agrees that he will obey and conform to all ordinances of the city now in force, or that may be in force, during the progress of such work.

(29) If at any time the City Engineer shall be of the opinion, and shall so certify in writing, that the said work or any part thereof is unnecessarily delayed, or that the said Contractor is wilfully violating any of the conditions or covenants of this contract, or is executing the same in bad faith, or if the said work be not fully completed within the time named in this contract for its completion, he shall have the power to notify the aforesaid Contractor to discontinue all work, or any part thereof under this contract, by a written notice to be served upon the Contractor, either personally or by leaving said notice at his residence or with. his agent in charge of the work, and thereupon the said Contractor shall discontinue said work or such part thereof. The City Engineer shall thereupon have the power to place such and so many persons as he may deem advisable, by Contract or otherwise, to work at and complete the work therein described, or such part thereof, and to use such materials as he may find on the line of said work, and to procure other materials for the completion of the same, and to charge the expense of said labor and materials to the aforesaid Contractor, and the expense so charged shall be deducted and paid by the party of the first part out of such moneys as may be then due, or may at any time thereafter grow due, to the said Contractor under and by virtue of this agreement, or any part thereof; and in case such expense is less than the amount which would have been payable under this contract if the same had been completed by said Contractor, he shall forfeit all claim to the difference; and in case such expense shall exceed the said sum he shall pay the amount of such excess to the party of the first part. (30) Guarantee.-Asphalt pavements shall be kept in repair, as specified herein, at the expense of the Contractor for the term of five years, and all other pavements for the term of twelve months, from the date of the provisional acceptance of the work,

at which time it is to be turned over to the city according to the provisions of Section 34,-provided, however, that should the date of final acceptance fall between December 1st and March 31st, the City Engineer shall have the right to postpone said final acceptance until the weather will permit an examination and necessary repairs. to be made.

(31) During the performance of said work the Contractor shall place proper guards upon and around the same for the prevention of accidents, and at night shall put up and keep suitable and sufficient lights, and shall indemnify and save harmless the party of the first part against and from all suits and actions, of every name and description, brought against it, and all costs and damages to which it may be put for or on account or by reason of any injury or alleged injury to the person or property of another, resulting from negligence or carelessness in the performance of the work, or in guarding the same, or from any improper materials used in its prosecution, or by or on account of any act or omission of the said Contractor; and the whole or so much of the moneys due the said Contractor, under and by virtue of this agreement, as shall or may be considered necessary by the City Engineer, shall be retained by the proper city officials 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 Engineer.

(32) On a street paved with asphalt if, at any time during the period of guarantee, the work or any part thereof, or any depressions, bunches, or cracks, shall, in the opinion of the City Engineer, require repairs or sanding, as provided for in Section 13, paragraph k, and the Engineer shall notify the Contractor to make the repairs or do the sanding as required, by a written notice to be served on the Contractor either personally or by leaving said notice at his residence or with his agent in charge of the work, the said Contractor shall immediately commence and complete the same to the satisfaction of the said Commissioner; and in case of failure or neglect on his part so to do within forty-eight hours from the date of the service of the aforesaid notice, then the said Engineer shall have the right to purchase such materials as he shall deem necessary, and to employ such person or persons as he shall deem proper, and to undertake and complete said repairs or sanding, and

to charge the expense thereof to the said Contractor; and the said Contractor hereby stipulates and agrees to pay all such expense to which the said Engineer may have been put by reason of the neglect of the said Contractor to make such repairs or to do the sanding as aforesaid.

(33) The Contractor further agrees that he will during the same period lay and restore the pavement over all openings made by corporations or plumbers for making new service-connections or repairing, renewing, or removing the same, and over all trenches made for carrying sewers, water- or gas-pipes or any other subsurface pipes or conduits, for the building or laying of which permits. may be issued by the proper authorities for the contract price per square yard for all openings whatever, the Contractor or corporation making such opening or trench having taken such precautions to prevent settlement of the filling over the same as are deemed necessary by the said Engineer.

All materials to be of the same quality and mixed in the same manner as specified in this contract.

The Contractor further agrees not to demand additional or further payment on account of repairing any injured or sunken pavement laid over the repairs above described.

(34) Just previous to the expiration of the guarantee period on asphalt pavements the entire work shall be inspected, and any bunches, depressions, or unevenness in the surface of the pavement that shall show a variation of three-eighths of an inch under a four-foot straight-edge or template, or any crack wider than onefourth of an inch, or any portion of the pavement having a thickness of less than one and one-half inches shall be immediately repaired upon the order of the City Engineer, by the heater process or by removing the entire pavement from the concrete, and replacing it in the same manner as when originally laid; provided, that when more than fifty per cent of the surface of any one block requires repairing according to the above conditions, the entire block shall be taken up and relaid. Whenever any defects are caused by the failure of the concrete or the settlement of the roadway from any source, the entire pavement, including foundation, shall be taken up and relaid in accordance with the specifications. Just previous to the expiration of the guarantee period on stone

or brick pavements the entire work shall be inspected, and any defects caused by inferior material or defective work, or settlements from any cause, shall be immediately repaired on the written order of the City Engineer and to his satisfaction.

Should the Contractor for any kind of pavement fail to make the necessary repairs within six days after being served with the above order, or to perform the work in a satisfactory manner, the City Engineer shall have the same done and charge the cost thereof to the reserve fund held for that purpose. After all repairs have been satisfactorily made, the City Engineer will issue his certificate to that effect.

(35) Payments.-When the amount of the contract is more than $5000, on or about the first day of each month a payment will be made to the Contractor of eighty per cent of the value of the work performed during the previous month upon the issuance of the certificate of the City Engineer;-provided that no partial payment will be made after the expiration of the time for the completion of the contract.

When the work has been entirely completed, and such completion certified to by the City Engineer, the entire amount due under the contract shall be paid to the Contractor less any payments previously made and any amounts rightly retained under the provisions of these specifications.

On all work guaranteed for five years ten per cent of the amount of the contract price shall be retained till the end of the guarantee period; but the contractor will be allowed to deposit city bonds with the financial agent of the city to the amount of the reserve due, when the entire balance will be paid. During the guarantee period he will be allowed to draw all interest due upon the bonds, and upon the final acceptance of the work, and the Engineer's certificate to that effect, the entire amount will be returned to the Contractor, less any amount paid out for repairs.

On work guaranteed for twelve months a sum of ten cents per square yard for granite on sand, and fifteen cents for stone or brick pavements on concrete, shall be retained until the final acceptance, when the said retained sum, less any amount expended for necessary repairs, will be paid.

CHAPTER XIII.

THE CONSTRUCTION OF STREET-CAR TRACKS IN PAVED STREETS AND

ROADWAYS.

THE problem of how to construct street-car tracks in the best manner in paved streets has been troubling engineers in charge of pavement construction for many years. In the early days of street-railways, when the streets were paved with cobblestones and when street-cars were small and drawn by horses at a speed of five or six miles an hour, this question was not so important. But in the present time of asphalt and other improved pavements, of rubber tires, bicycles and automobiles, and with cars weighing from 10 to 12 tons propelled by electricity along our streets at a speed of from eight to fifteen miles per hour, the importance of good and smooth track-construction, both to the general public and to the street-car company, can hardly be overestimated.

There is no doubt that the street-car track is detrimental to any pavement, but it is a necessary evil, for it is well recognized at the present time that no one thing tends to develop and build up a city as does a good system of street-cars.

The problem of the construction of street-car tracks is very different from that of the ordinary steam-railways. The steamcars run on their own right of way, making stops only at long intervals, and the tracks can be constructed in such a manner as will give the best results as regards economy of construction and maintenance, with no regard for the wishes of others, except at street or road crossings.

Street-cars, however, run through public highways which are being used constantly by vehicles, and crossed often by pedestrians, and their construction must be such as will not only accommodate