be regarded as final and binding upon the contractor except for errors proven or admitted. The standard of candle power to be employed shall be the recognized international candle. 8. Repairs and Maintenance. The contractor must at its own expense keep the entire plant in good repair and maintain same to the satisfaction of the city. Upon failure of the contractor to promptly make any and all necessary repairs (including repainting of lanterns and posts) the city may cause same to be done and deduct the cost thereof from any amounts that may become due to the contractor. All glass must be cleaned at least once a week, and oftener if necessary to do so, in order not to retard or diminish the candle power of the lamps. All broken or displaced glass, and all broken or defective mantles, and all broken and defective gas posts-posts to be furnished by the city must be replaced forthwith, and all street lamps, where required, must be so constructed that the present signs and house numbers may be attached, or the contractor shall furnish street signs and house numbers at its own expense suitable to the lamp furnished by it and to the satisfaction of the Commissioner of Public Works. The street signs shall, after each cleaning, be replaced, facing the proper street. All broken or displaced glassware shall be forthwith removed from the street by the contractor. The contractor shall report, in writing, at the office of the official in charge of street lighting, on Thursday of each week, the number of each kind of lamps lighted on each of the preceding seven nights, and on the tenth day of each month, the number of each kind lighted, as aforesaid, on each night subsequent to the last report, stating in each report the name of each person lighting the lamps and the locations of any and all lamps added to or removed from the district of each lamplighter, and is to notify said official in writing of any damage to or repair needed to the posts or service pipes. 9. Removal of Lamps. Whenever ordered to do so by the city, the contractor must change the location of lamps and gas posts, weather permitting, from one place to another at its own cost and expense. 10. New Lamps. The city may from time to time order the erection and maintenance of new or additional lamps and gas posts posts to be furnished by the city -at such locations on mains now existing or as they may be hereafter extended, as it may deem proper, and it shall be the duty of the contractor, at its own cost and expense, to set and connect such posts and to place upon such posts such additional lamps and maintain the same in all respects as called for in these specifications. All additional lamps ordered shall be put in service within ten days after they are ordered, and the posts set and connected, and notice that the same are in service shall be given by the contractor to the city. 11. Discontinuance of Lamps.-The city shall have the right to increase or diminish the number of lamps furnished under the contract, but it is understood that the total number of lamps to be furnished under the contract shall not at any time be less than 95 per cent of the number of lamps in service at the time of approval of this contract by the Mayor, plus any subsequent installations ordered by the city. When orders to discontinue lamps are given, in accordance with the above, the contractor must put them out of service within three days and notify the city in writing; payment for the same shall cease on such discontinuance, and when the contractor removes a lantern without substituting another therefor, he shall properly plug the service pipe so that the gas will not escape therefrom. 12. Extension of Contract. The city may, at its option, to be signified in writing not later than Jan. 1st, 1924, extend the term herein designated for the continuance of the contract for a period not exceeding six months, so that there may be no interruption of service in case the city enters into a new contract involving other parties or different equipment or both. For this purpose the city may call upon the contractor at any time within the extended period to discontinue the lighting of the entire area covered by its operations or of such parts thereof as the city may from time to time determine; provided, however, that such parts shall be so arranged that no fraction of any established lamplighter's route shall require lighting for a longer period than two nights, and that not less than two weeks' notice shall be given the contractor in regard to each such part. The contractor shall promptly remove its equipment from all posts on which lighting has been discontinued, and cooperate with the city in recording the dates on which lighting ceased. 13. Payments.- A payment for the work performed under this contract shall be made by the city monthly, in the same manner as other city work is paid for, at the rates specified in this agreement and subject to appropriations. For all services and materials whatsoever which it is required to render under this contract the contractor shall receive and shall accept as full compensation payment at the rate of $12.00 per lamp per year for single-burner lamps and $15 per lamp per year for double-burner lamps. 14. Arbitration. At any time during the continuance of this agreement, if the Commissioner of Public Works is of the opinion that a material reduction has been made in the cost of lighting and extinguishing lamps or of furnishing to the city the service herein provided for, he may demand an investigation as to such reduction in cost. Such investigation shall be made by three experts, one to be chosen by each party and the third by the two so chosen. If the experts find that for a period of one year prior to the investigation the cost of lighting and extinguishing or of furnishing the service, including interest, depreciation and all other proper charges, is less than for the first year of this agreement by an amount exceeding one dollar ($1) per lamp per year, then the price shall be reduced by one-half such saving in cost. If the amount of the saving is less than one dollar ($1) per lamp per year, no reduction shall be made. The city shall pay the cost of the investigation, and the decision of the experts or of a majority of the experts shall be final and conclusive on both parties. 15. Miscellaneous. The contractor shall give preference in employment, first, to citizens of Massachusetts, second, to other citizens of the United States, and shall allow all employees on said work to lodge, board and trade where they choose, and shall not obstruct any other person in doing work for the city; and shall conform to all the labor laws of the Commonwealth; and no laborer, workman or mechanic working within this Commonwealth in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contractor shall be requested or required to work more than eight hours in any one calendar day. This contract is made subject to all the laws of the Common wealth, and if any clause thereof does not conform to such law such clause shall be void and such law operative in lieu thereof. The contractor hereby agrees to indemnify and save the city harmless from and against any and all claims and demands for damages, costs and expenses for or on account of injuries to persons or property arising from the erection, construction, maintenance and use of lamps, and all other plant, or growing out of the work to be done under this contract, and further agrees to hold the city harmless from any patent litigation caused by the contractor's infringement or alleged infringement of patents, and to pay all costs, expenses and fees in connection with same. In witness whereof the City of Boston has caused this agreement to be executed in its name and behalf by its Commissioner of Public Works, and the Boston Consolidated Gas Company has caused this agreement to be executed in its name and behalf by E. N. Wrightington, its second vice president, thereunto duly authorized. CITY OF BOSTON, By L. K. ROURKE, Commissioner of Public Works. BOSTON CONSOLIDATED GAS COMPANY, By EDGAR N. WRIGHTINGTON, Second Vice President. After a public hearing of which seven days' notice was given in the City Record, held by the City Council on April 22, 1914, it was voted by the City Council, on June 11, 1914, to approve the foregoing contract. BOND. The undersigned surety company hereby binds itself, its successors and assigns, to pay to the City of Boston the sum of seventeen thousand dollars ($17,000). This obligation is upon the condition that if the party to the contract hereto annexed, other than the city, shall faithfully furnish and do everything therein required of the party on his part to be kept and performed, and shall also pay for all labor performed or furnished, and for all materials used in the carrying out of said contract, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue. Signed, sealed and delivered this June 15, 1914. Assistant treasurer is ARTHUR P. WEST. Place of business in Boston is 108 Water street. |