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aqueduct, and to excavate so much of the trench as may be deemed necessary by the engineer to supply, in whole or in part, the materials of said embankment, and to do the same in conformity to the specifications hereto annexed, which are to be taken as a part of this contract, and according to the directions from time to time to be given by the engineer.

2. The principal assistant engineer, or an assistant engineer, by his direction, shall, as soon as practicable after the end of each month, make out an estimate of the quantity and value of each species of work done pursuant to this contract, at the prices contained in the annexed proposal. He shall also include the value of any extra work done in consequence of any alteration of the plan of the work which may have been adopted by the said engineer in charge, when such alteration shall have caused an increased expense to the contractor ; and when any such alteration shall have caused a saving of expense to the contractor, the engineer shall make a reasonable deduction therefor from the estimate so made; and if the said engineer in charge of the aqueduct shall approve said estimate, it is mutually agreed between the contracting parties that it shall be binding, and shall be paid by said engineer.

3. Within ten days after the return of any monthly estimate to the engineer in charge, nine-tenths of the sum appearing to be due, for work performed since the preceding estimate, shall be paid to the contractor.

4. Within thirty days after the work shall have been completed, and accepted by the engineer, a final estimate therefor shall be made and approved in the manner provided for making and approving monthly estimates, and shall in like manner be paid by said engineer in charge, together with the retained per centage.

5. The work shall always be open to examination during its progress by the engineers or other persons they may depute for that purpose,

and the contractor shall, at all times, at his own expense, keep open a pathway alongside of the work, so that the above mentioned persons may readily pass by the same to the work above or below it.

6. At the expiration of every two weeks' work a report shall be made by the contractor to the assistant engineer having charge of this work, of the average force of men, carts, &c., employed upon it for the preceding two weeks, according to such forms as shall be supplied by the engineer.

7. It is mutually agreed between the parties to this contract that the work aforesaid shall be commenced within ten days after the notification of the approval of this contract, if the United States shall so soon acquire the right to the land necessary for the work, or as soon thereafter as the said right shall have been acquired ; that it shall be steadily prosecuted without intermission with such force as shall, in the opinion of the engineer, secure its final completion within six months after the contractor is put in possession of the site, unless prevented or delayed by written orders from the engineer in charge, at the end of which time it shall be fully completed and delivered up; and it is further agreed, that, in the event that the said work shall not be commenced, prosecuted, and completed, or if the contractor on being required thereto by the written order of the engineer in charge, the principal assistant engineer, or his assistant engineer, shall fail or refuse to increase the force employed on the work to such extent as in the opinion of the engineer shall be necessary to insure its completion in the stipulated time, or in case the contractor shall disobey any of the written orders of either of said engineers, or shall violate any of the conditions of this agreement, then, on a certificate of the fact by the principal assistant engineer, made to the engineer in charge, the said engineer in charge may declare this contract forfeited, and thereupon the same shall then become null and void, and the United States shall therenpon be exonerated from every obligation thence arising ; and the reserved per centage on the contract price, as well as all materials furnished and work performed, and upon which no estimate or payment may have been made, shall be forfeited to and become the right and property of the United States, and the said engineer in charge may thereafter agree with any other person for the execution of the unfinished work, or may complete the same by day's work; and the said party of the first part shall have no appeal from the opinion and decision aforesaid, and he hereby releases all right to except to or question the same in any place, or under any circumstances whatever; but the party of the first part shall still remain liable to the party of the second part for the damages occasioned to him by the said failure, refusal or disobedience; and it is further agreed between the parties, that, in order to secure the punctual performarrce of the covenants above made by the party of the first part, and to indemnity and protect the party of the second part from loss, in case of default and forfeiture of this contract, the said party of the second part shall be authorized to retain in his hands until the completion of the contract ten per cent. on the amount of moneys at any time due to the said party of the first part.

8. The contractor for this work shall not knowingly employ any man, either as overseer, laborer, or in any situation, who shall have been dismissed, by the order of the engineer, from any other part of the work for bad workmanship, intemperance, or disorderly conduct. Nor shall he continue to employ any man who shall be declared by the engineer to be either disorderly, habitually intemperate, or a bad workman.

9. The contractor shall give his personal attention to the execution of the work hereby contracted for.

10. All buildings or fences adjacent to the work shall be preserved, in such manner as the engineer may direct, by the contractor, who shall protect them from injury by his hands, and, as far as practicable, by any other persons.

11. The engineer shall have the power to prescribe the manner of preparing for, beginning, and conducting every species of work to be done under this agreement with reference to its purpose and the durability of the work, and his instructions shall be promptly obeyed; and if he shall disapprove of the quality of any work it shall be the duty of the contractor to take down, at his own expense, and rebuild so much thereof as shall be disapproved of; and if the contractor shall neglect or refuse to take down and rebuild work so disapproved of, the engineer shall cause the same to be done at his cost.

12. It is understood and agreed that all orders given by an engineer which shall cause an increase or diminution in the quantity or value of the work to be performed, shall be given in writing; and that when any claim shall be made by the contractor for extra compensation for work performed under such orders the orders shall be produced ; and that all claims for extra work shall be made on or before the close of the month in which it is claimed to have been done, or it shall not be paid for at all.

13. It is further agreed that in case of the death, resignation, removal, or absence of any engineer, the United States, by its proper officers, may depute any other engineer to act in his place.

14. The United States reserves the right to suspend the work under this contract at any time; and when the work has been faithfully performed by the contractor he will be paid in full for all work done up to the time of such suspension.

15. Payments will be made to the contractor in drafts upon the treasury of the United States for coin. No estimate after the first shall be paid, unless the engineer is satisfied that the hands employed upon the work have been paid for the work of the month preceding, as provided in the advertisement under which this contract is made, a copy of which is hereto annexed.

16. And it is further stipulated and agreed that no member of Congress shall be admitted to any share or part in this contract or agreement, or to any benefits to arise therefrom; and this contract shall be in all its parts subject to the terms and conditions of an act of Congress passed on the twenty-first day of April, in the year of our Lord one thousand eight hundred and eight, entitled “An act concerning public contracts.

And this contract is also expressly understood to be subject to the terms and conditions of the joint resolution of Congress approved April 14, 1852, containing a proviso in the following terms, to wit: "Provided, Nothing herein contained shall be so construed as to authorize any officer of the United States to bind the United States by contract beyond the amount appropriated by Congress, or to sanction any such contract heretofore made.” Provided, also, That it is expressly understood and agreed that this contract, nor any part thereof, shall not be sub-let nor assigned, but that it shall be well and truly carried out and fulfilled in good faith by the above recited party of the first part, and that all payments on account thereof shall be made to the aforesaid party of the first part, his heirs, executors, or administrators.

17. And for the true and faithful performance of all and singular the covenants, articles, and agreements herein before particularly set forth, the subscribers hereunto bind themselves, jointly and severally, their and each of their successors, heirs, executors, and administrators.

18. Thus covenanted and agreed by the said parties this 26th day

SEAL.

of May, in the year of our Lord one thousand eight hundred and fiftyseven, (1857,) as witness their hands and seals. (Done in quadruplicate.)

J. G. MYERS.

SEAL.
L. J. JONES.

SEAL.
J. WILLIS PRATT.
M. C. MEIGS.

SEAL.
Capt. of Engrs., in charge Washington Aqueduct.
Witnesses :
FREDERICK Fix,

Witness to J. G. Myers' signature.
J. P. JONES.
Z. W. DENHAM,

Witness to signature of Captain Meigs.

Specification for graduation on sections Nos. 14 and 15 of the Washing

ton Aqueduct.

PLAN AND DIMENSIONS OF THE AQUEDUCT.

1. The conduit will be circular, nine feet in interior diameter, to be built, generally, of three separate four-inch rings of brick—the engineer reserving the right to omit one of the brick rings at such points as he may think proper.

2. The centre of the conduit will be the level of the grade at any point.

3. All excavations in earth for the bed of the conduit will be fourteen feet wide at grade, unless otherwise directed, with slopes generally in earth cutting one foot base to two feet rise, and in rock of one foot base to four feet rise, but may be changed to such other slopes as in the opinion of the engineer may be found necessary or advisable.

4. The embankments for the bed of the conduit will be generally 44 feet wide at grade, and will have outer slopes of two feet base to one foot rise. The top of the bank over the conduit will be 12 feet wide, and will be 8 feet above grade ; but these dimensions may be increased or diminished as the engineer may direct.

5. The excavations for the conduit trench will be cut down and the embankments for the conduit bed will be raised up to grade before the excavation is made through them for the lower semi-circle, except where rock is found or supposed to be, when the contractor may be required to excavate the whole trench before any embankment shall be made.

6. Clearing and grubbing.Before commencing any excavation or embankment, the ground will be cleared of all timber, wood, or brushwood for at least 30 feet on each side of the centre line; and the whole base of the excavation and embankment, and as much on each side as may be required by the engineer, will be well and thoroughly grubbed, and all wood, brush, and roots removed therefrom; and, where it may be found necessary to obtain embankment from points outside of the trench, the surface will also first be grubbed.

7. The contractor for the section work will be required to preserve such timber and posts as, in the opinion of the engineer, may be required upon other parts of the aqueduct, and the residue, or so much as he may require, may be used by the contractor.

8. Mucking and benching.–The surface of the ground through which excavations are to be made and upon which embankments will be built, after being grubbed as above described, will be excavated to such depth as, in the opinion of the engineer, may be sufficient to remove all leaves, grass, soil, and mould; and this mucking so removed will be placed at such convenient point outside of the embankment stakes as may be directed by the engineer, that it may be used as an outer covering to the banks when finished ; and where embankment shall be obtained outside of the excavation for the trench, the mucking will, in like manner, be first removed, and disposed of as may be directed.

9. Where benching may be found necessary, the contractor will be required to make it at such time and in such manner as the engineer

may direct.

10. Excavations. This is meant to include the mucking and benching, the trench for the conduit, the pits for culverts, and, where required, drains to and from them; the foundations and pits for piers and abutments of bridges and overfalls, and the construction of drains along the aqueduct.

11. The contractor will in all cases be required to excavate to such dimensions and upon such portions of the work as the engineer may direct, that the masonry and brick work may be commenced and carried on, if necessary, at the same time with the graduation, and he will dispose of the whole or any part of the excavation as the engineer shall prescribe.

12. In side hill rock work the excavation will be done in such manner as not to shatter or disturb the rock on the outer edge of the cut, but it shall be left a firm support to the conduit. And if at any point the contractor should be allowed by the engineer to cut in horizontally at or above grade, the additional walling or embankment, rendered necessary in consequence, will be made at the cost of the contractor. The excavation below grade, in rock work, will be as nearly semicircular as it can be made in blasting; and in earth it shall be carefully excavated to dimensions to be prescribed by the engineer, that it may be afterwards trimmed to the size and shape required for the brick work. Where it may be deemed expedient to cut back drains, or to widen the excavation along the trench to obtain earth for embankment, the earth so obtained may, at the option of the engineer, be measured and estimated as excavation or embankment, with the proper haul, but will not be estimated as both.

13. Detached stone, less than three cubic feet in size, will be included in the third class of excavation, (item No. 4 of the following proposal ;) all others not exceeding twenty cubic feet will be included with soft rock, (item No. 3.)

It is understood that soft or rotten rock is such as cannot be exca

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