CONTRACT OF ANDREW J. HACKLEY A WITH THE MAYOR, &c, OF THE CITY OF NEW YORK, FOR . GLEANING THE STREETS, &c, FOR THE TERM OF FIVE YEARS. Dated February 26, 1861. | j NEW YORK: f EDMUND JONES & CO., PRINTERS TO THE CORPORATION, No. 26 John Street. ! 1862. I i£x ICtbrtfi SEYMOUR DURST When you leave, please leave this hook Because it has heen said "Sver'thing comes t' him who waits Except a loaned hook." CONTRACT O F ANDREW J. HACKLEY WITH THE MAYOR, &c, OF THE CITY OF NEW YORK, FU K CLEANING THE STREETS, &c, FOR THE TERM OF FIVE YEARS. Dated February 26, 1S61. N E W Y O R K : EDMUND JONES & CO., PRINTERS TO THE CORPORATION, No. 26 Jonx Street. 1S62. Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library City Inspector's Department, ^ New York, Jan. 28th, 1S62. > In pursuance of a resolution of the Common Council of the city of New York, adopted by both Boards on the 13th, and approved by the Mayor on the 15th day of December, I860, the City In- spector, on the ISth day of the same month, adver- tised for proposals for " Cleaning the streets, avenues, lanes and alleys, and all gutters, wharves, piers and heads of slips, to be thoroughly swept and cleaned, and to remove immediately there* from all dirt, manure, ashes, garbage and rubbish, for a term not exceeding five years.' ' The following is a copy of said resolution : " Resolved, That the City Inspector be, and is hereby, directed to advertise, forthwith, the annexed proposals for cleaning the streets of the city of New York in ac- cordance with the 4th section of the act passed April 17th, 1860, entitled ' An act to enable the Supervisors of the county of New York to raise money by tax for city purposes, and to regulate the expenditure there- of, and authorizing the Board of Supervisors of the county of New York to levy a tax for county pur- poses, and to regulate the expenditure thereof, and also to borrow money in anticipation of the collection 4 of said tax, and to issue County Revenue Bonds there- for/ and the said City Inspeetor is hereby further directed to return the bids, subsequent to the ten days' advertisement, to the Mayor and Common Coun- cil immediately, who ' are authorized to make or cause to be made any agreement or agreements, contract or contracts for cleaning the streets of the city of New York — and during a term of years not to exceed five.' The party or parties to whom such contract may be awarded shall give such surety as may be prescribed by the Mayor and Comptroller, and the proposals shall be for a period not exceeding five years. MOPOSALS £0R CLEANSING THE STREETS OF THE CITY OF NEW YORK, Section 1* I, — - hereby propose and agree to thoroughly clean all the paved streets, avenues, lanes, alleys, and all gutters, wharves, piers, and heads of slips, in the city of New York, as herein* after provided; • § 2. All said streets, avenues, lanes, alleys, and all gutters, wharves, piers, and heads of slips, shall be swept at least once in each week, and the sweepings shall be immediately removed. o § 3. There shall bo removed from the streets, in tight carts, all ashes, garbage, rubbish, and sweep- ings of every kind, which may be delivered to him, or that may be placed in vessels upon the sidewalks, or in the front area, or upon the upper area steps of any dwelling-house, store, or public building, every twenty- four hours, Sundays excepted. § 4. The drivers of all carts employed as ash-carts shall have a bell attached to their carts, or harness, that notice of their approach may be had ; and shall receive all ashes, garbage, sweepings and rubbish which shall be delivered to them, or that may be placed upon the sidewalk in vessels, or in the area, or upon the upper cellar steps of every dwelling-house, store, or public building. The party employed under this ordinance to have, as their own, all ashes, gar- bage, rubbish and sweepings of every kind by them removed pursuant thereto. § 5. Broadway, from the Battery to Fourteenth street, shall be swept during the night, and before the hour of 1 A. M., once every twenty-four hours. Park Row and Chatham street, Bowery to Grand street, Fulton street, east from Broadway, Courtlandt street, Wall street, Maiden Lane, Whitehall street, Grand street, east from Broadway, shall be swept at least twice in each week. All streets below Chambers street shall be cleaned during the night, and before the hour of 7 A. M., between the first day of May and the first day of October ; and during the night, and 6 before the hour of 9 A. M., between the first day of October and the first day of May, in each year. When the performance of such work is impracticable, from the state of the weather, the City Inspector may, from time to time, in writing, designate a later hour for the work, or dispense with the same, temporarily; but he shall not grant such dispensation for a period longer than one week from the date thereof. § 6. There shall be removed from the city all dirt, manure, garbage, ashes, and rubbish of every kind, as fast as the same can be collected, and no deposit of any kind shall be made within the city, except such as may be suitable to fill up low ground or sunken lots, and that may be required for such purpose. § t. The streets shall be kept conveniently passable for vehicles during the winter, and the cross-walks and all gutters intersecting the same shall be kept clear of snow and ice. § 8. The berths at present used for the loading of vessels required by the contractor for the purposes herein specified, shall be set apart for like objects, or berths equally advantageous shall be hereafter allowed to the contractor. § 9. The contractor to be authorized to use the Cro- ton water from hydrants for sprinkling streets in advance of the sweepers employed thereon ; but not more than one hydrant for each gang shall be opened 7 at a time, and this only so far as to enable the water- ing-pots to be filled. § 10. If the parties contracting shall fail to perform any duty required by these specifications, for the period of forty-eight hours after they shall be notified thereof, by notice in writing, left at their place of business, by the City Inspector, then the City Inspect- or shall notify the Comptroller, who shall communi- cate the same to the sureties thereof ; and if the sure- ties fail in having the wort performed within forty- eight hours thereafter, then the City Inspector shall proceed and have the work performed at the expense of the sureties. § 11. The Comptroller shall, semi-monthly, draw his warrant in favor of the contractor for a proportionate amount of the total sum of the contract, as awarded by the Mayor and Common Council. Adopted by the Board of Councilmen, December 13, 1860. Adopted by the Board of Aldermen, December 13, 1860. Approved by the Mayor, Decemoer 15, 1860. D. T. VALENTINE, Clerk of Common Council." 10 s On the 29tli day of December, 1860, thirty-one bids were received for said contract, and were opened in the presence of Robert T. Haws, Esq., Comptroller ; and in compliance with said resolution, were transmitted to the Mayor and Common Council for their action. Subsequently the Common Council awarded the contract to Andrew J. Hackley, Esq. ; and, in pursuance of such award, on the 26th day of February, 1861, the following agreement was made between the Mayor, &c, of the city of New York, and the said Andrew J. Hackley : AGREEMENT, Made this twenty-sixth day of February, in the year of our Lord eighteen hundred and sixty-one, between The Mayor, Aldermen and Common- alty of the City of New York, by Daniel E. Delavan, City Inspector, party of the first part, and Andrew J. Hackley, Contractor, of said city, party of the second part. Section 1. Said party of the second part, for the consideration hereinafter mentioned, hereby 9 covenants and agrees, to and with said party of the first part, that he will well, faithfully, and thor- oughly, clean all the streets, avenues, lanes, alleys, and all gutters, wharves, piers, and heads of slips, in the city of New-York, as hereinafter provided ; and will do and perform all the other work, labor, services, and other things required of the Con- tractor, and expressed in the sections hereinafter set forth, and numbered two to ten (§2 to § 10,) in- clusive, as follows, viz.: § 2. All said streets, avenues, lanes, alleys, and all gutters, wharves, piers, and heads of slips, shall be swept at least once in each week, and the sweepings shall be immediately removed. § 3. There shall be removed from the streets, in tight carts, all ashes, garbage, rubbish, and sweep- ings of every kind, which may be delivered to him, or that may be placed in vessels, upon the side- walks, or in the front area, or upon the upper area steps of any dwelling-house, store, or public build- ing, every twenty-four hours, Sundays excepted. § 4. The drivers of all carts^employed as ash- carts, or garbage carts, shall have a bell attached to their carts, or harness, which shall be kept ring- ing, that notice of their approach may be had ; 10 and shall receive all ashes, garbage, sweepings, and rubbish which shall be delivered to them, or that may be placed upon the sidewalk, in vessels, or in the area, or upon the upper cellar steps of every dwelling-house, store, or public building. The party employed under this ordinance to have, as their own, all ashes, garbage, rubbish, and sweep- ings of every kind by them removed pursuant thereto. <§> 5. Broadway, from the Battery to Fourteenth street, shall be swept during the night, and before the hour of 7 A.M., once every twenty-four hours; Park Row and Chatham street, Bowery to Grand street, Fulton street east from Broadway, Court- landt street, Wall street, Maiden Lane, Whitehall street, Grand street east from Broadway, shall be swept at least twice each week ; all streets below Chambers street shall be cleaned during the night, and before the hour of 7 A.M., between the first day of May and the first day of October ; and during the night, and before the hour of 9 A.M., between the first day of October and the first day of May, in each year. When the performance of such work is im- practicable from the state of the weather, the City Inspector may, from time to time, in writing, designate a later hour for the work, or dispense with the same, temporarily ; but he shall not grant such dispensation for a period longer than one week from the date thereof. § 6. There shall be removed from the city all dirt, manure, garbage, ashes, and rubbish of every kind, as fast as the same can be collected, and no deposit of any kind shall be made within the city, except such as may be suitable to fill up low ground or sunken lots, and that may be required for such purpose. § 7. The streets shall be kept conveniently passable for vehicles during the winter, and the cross-walks, and all gutters intersecting the same, shall be kept clear of snow and ice. § 8. The berths at present used for the loading of vessels required by the contractor for the pur- poses herein specified, shall be set apart for like objects, or berths equally advantageous shall be hereafter allowed to the contractor. § 9. The contractor to be authorized to use the Croton water from hydrants for sprinkling streets in advance of the sweepers employed thereon ; but not more than one hydrant for each gang shall be 12 opened at a time, and this only so far as to enable the watering pots to be filled. § 10. If the parties contracting shall fail to per- form any duty required by these specifications, for the period of forty-eight hours after they shall be notified thereof, by notice in writing, left at their place of business, by the City Inspector, then the City Inspector shall notify the Comptroller, who shall communicate the same to the sureties there- of, and if the sureties fail in having the work per- formed within forty-eight hours thereafter, then the City Inspector shall proceed and have the work performed at the expense of the sureties. And said party of the second part further cove- nants and agrees, that he will well, truly and faith- fully do, perform and observe all things required of and incumbent upon the contractor for carrying said sections into full and complete effect, and for the best interests of the city and its inhabitants. And further, that in carrying this agreement into effect, said party of the second part will well and truly observe and conform to all the laws and or- dinances applicable to said city, now in force, or which may hereafter be passed or adopted, and will not violate the same, or any of them. 13 And said contractor further covenants and agrees, that he will well and fully indemnify and save harmless, said party of the first part, of, from, and against all damages, costs, charges, and ex- penses which said party of the first part may sus- tain or be put to, for, or by reason of any miscon- duct or any negligence on the part of the con- tractor, his agents or servants, in carrying this agreement into effect ; and all such damages, costs, charges, and expenses may be retained and deduct- ed out of the compensation which said contractor would otherwise- be entitled to receive. And it is further mutually covenanted and agreed, that the payment of the last installment which shall become due to the contractor in any year, in pursuance of this agreement, shall be re- tained until the City Inspector shall have satis- factory evidence that all persons who have done work or furnished materials under the contract, •and who may have given written notice to the City Inspector, at any time within ten days before the end of the year that any balance or amount for such work or ^materials is still due and unpaid, have been fully paid or secured Tuch balance ; and if any person so having done work or furnished ma- terials, shall furnish satisfactory evidence to the City Inspector, that money is due to such person 14 by the contractor, under this agreement, said last installment, or such portion thereof as may be necessary, shall be retained until liability shall be discharged. For the true and faithful performance of his agreement, said party of the first part hereby covenants and agrees to pay said party of the second part, the sum of two hundred and seventy- nine thousand dollars, each and every year, so long as said agreement shall remain in force, the same to be paid by the Comptroller of said city draw- ing his warrant semi-monthly, for a proportionate amount thereof, in favor of said contractor, subject, however, to the qualifications mentioned in this agreement. This Agreement shall continue in force for the term of five years from the date hereof. In witness whereof, the said party of the first part has caused this agreement to be signed by the said City Inspector, pursuant to resolutions of the Common Council of said city relative to the sub- ject, approved by the Mayor, December 15th, I860, and proceedings thereunder ; and a certain other resolution of the said Common Council, approved by the Mayor, February 12th, 1861 ; and said party of the second part hath hereto signed his name and affixed his seal, the day and year first above written. DANIEL E, DELAVAN, [l. s.] City Inspector. ANDREW J. HACKLEY, [l. sj FERNANDO WOOD, Mayor. Sealed and delivered ) in the presence of 5 R. C. Downing. [seal.] By the Common Council, D. T. Valentine, Clerk Common Council. By the Board of Councilmen, C. T. McClenachan, Clerk Board of Councilmen. 16 Know all men by these presents. That we, Thomas Hope and Anthony S. Hope, of the city of New York, are held and firmly bound unto The Mayor, Aldermen, and Commonalty of the City of New York, in the sum of One Hundred Thousand Dollars, lawful money of the United States, to be paid to the 6aid Mayor, Aldermen and Common- alty, their successors or assigns, for which pay- ment, well and truly to be made, we bind our- selves, our and each of our heirs, executors, and administrators, jointly and severally, firmly, by these presents. Sealed with our seals. Dated, this twenty-sixth day of February, eigh teen hundred and sixty-one. The condition of the above obligation is such, that if Andrew „ J. Hackle y, of said city, shall in all things stand to, abide by, and w^ell and truly keep and perform the covenants, conditions, and agreements in the annexed instrument or agree- ment for cleaning the streets, avenues, lanes, al- leys, gutters, wharves, piers, and heads of slips in 17 the city of New York, by him to be performed and kept as therein expressed, at the time and times, and in the manner and form therein speci- fied, then the above obligation shall be void, other- wise to remain in full force and virtue. THOMAS HOPE, [l. s.] ANTHONY S. HOPE, [l. s.] Sealed and delivered ) in the presence of ) K. C. Downing The undersigned, pursuant to Section 4) Chap- ter 509, Laws of 1860, prescribe the amount of surety to be given by the contractor for cleaning the streets under said act, at thje sum of One Hundred Thousand Dollars^ and we further hereby certify, that Thomas Hope and Anthony S. Hope, the sureties offered by Andrew J. Hack- ley, the party whose bid for cleaning the streets IS of the city was confirmed by the Common Coun* cil February 11, 1861, are adequate and sufficient. Dated February 16, 1861. FERNANDO WOOD, Mayoti ROBEftT T. HAWS, Comptroller* City Inspector's Department, ) New York, Feb. 28th, 1861. > We, the Undersigned, First and Second Clerks in the City Inspector's Office, do hereby certify, that we have compared the within copy contract With the original thereof, on file in the office of the Comptroller of the city of New York, and that the same is a true copy thereof. Wm. R. W. Chambers, First Clerk* Alfred S. Dusenberry, Second Clerk. si