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 adminis

trators.

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

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

(Done in quadruplicate.)

Witnesses:

FREDERICK FIX,

Capt. of Engrs., in charge Washington Aqueduct.

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 Washington 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

vated by the shovel, spade, plough, or pick, alone, but requires the use of the crowbar and pick to break it up, yet is not hard enough to require drilling and blasting.

Hard rock is such as requires drilling and blasting in order to be broken up.

Materials not included in the above two items will be estimated as earth or mucking.

Of this classification the engineers will be the judges; the decision of the engineer in charge will be final in case of difference between the local engineer and the contractor.

14. Where excavation is deposited in spoil bank, it shall be in good shape for moving into the back filling over the conduit.

15. Stone and rock excavated from the section work, and not required in its construction, shall be deposited as may be directed by the engineers, and the cost of transportation over five hundred feet shall be estimated by the engineers.

16. The price for excavation will cover the transportation five hundred feet; and this means that the whole excavation or any part of it, upon one station or chain of one hundred feet, if required, will be hauled into embankment, rock filling, or spoil bank, upon any part of the five nearest adjacent chains, on either side. The additional haul that may be required, over five hundred feet, will be proposed for at a stated price per cubic yard. The length of this additional haul will be measured from the centre of the chain between any two stations whence the material is taken, to the centre of the chain which is 500 feet from the place of deposit.

17. Embankment. This term includes the formation of the bank in which the conduit is to rest where the ground is below grade, the covering of culverts and filling against bridges and over falls when required by the engineer, the back filling over the conduit in cuts, as well as the covering in embankments, and the formation of roadways over and the levelling of low grounds (side filling) adjacent to the aqueduct, when required.

18. All embankments required for raising the bed of the conduit up to the level of grade will be carted in and spread in layers not exceeding three inches in depth, and, when required by the engineer, will be well rammed throughout each course, or such part thereof as may be required before another course is laid on. The embankment required for covering the conduit, both in cuts and fills, will also be carefully made, where practicable, in layers as above described, and so much thereof as may be required by the engineer will be rammed. If, in lieu of ramming, it shall be deemed necessary or advisable to puddle the whole or any portion of the bank, the earth to be so puddled shall be spread in layers generally not exceeding six inches in depth, and each course shall be made wet, and shall be well cut with the spade or shovel into the ground or the course below, and shall be worked into a stiff and cohesive mass before another course shall be commenced. All materials required for forming embankments shall be taken from such places as the engineer shall direct.

19. No logs, trees, brush, stumps, roots, leaves, grass, or stones, will be left in or admitted into any part of the embankment, and no

frozen earth or clods will be admitted into any embankments below grade, or be allowed to lie near the conduit above grade.

20. The banks, when finished, shall be made smooth on the top and on the slopes. When the section work is otherwise completed, the soil and muck removed in preparing for the excavation and embankment, if so ordered by the engineer, will be thrown up so as to form the outer cover of the embankment, and will be trimmed to the proper slopes.

21. Puddling. The puddling, when any is required by the engineer, will be regulated by him, as to quality, thickness, and disposition. It will be measured and paid for as embankment, to which the price affixed in the following proposals will be additional, it being understood to cover only the expense of cutting and working the clay to a tough and firm consistency.

22. Ramming.-When embankment is required to be rammed, it will be spread in courses over the whole or such portions of the work as the engineer shall direct, and shall be packed evenly and uniformly to prevent unequal settlement. Like puddling, it will be measured and estimated as embankment, to which the price affixed in the following proposals will be additional, it being understood to cover the expense of pounding or packing the embankment into a compact mass. 23. Dry walling.-Where dry walling of any kind is required, the contractor may be required to build it upon such plan, of such materials, in such manner, and at such time, as the engineer shall direct, and the value thereof shall be adjudged by the engineer; but the right is reserved to the engineer to contract with other parties, or to employ persons by the day, to construct the whole or any part of the walling upon any section.

24. General remarks.-All "haul" of materials, whether counted as excavation or embankment, will be estimated as though they were taken from, hauled, and deposited upon the centre line of the aqueduct, unless they shall be taken, by direction of the engineer, from some point over one hundred feet from the said line, in which case they will be estimated by the most direct line from the borrow pit to the centre of the chain upon which they shall be required.

25. Public and private roads.-No public or private way shall be disturbed or obstructed, except under the special direction of the engineer; and whatever extra work is done to prevent such obstruction shall be according to the directions, and shall be paid for at the estimate of the engineer.

26. No ardent spirits shall be used or allowed on any part of the work, and no disorderly person or persons, objected to by the engineer, shall be retained in the employment of the contractor. Permitting men to board where ardent spirits are used or sold, though the premises should not be under the control of the contractor, will be considered a violation of this rule; any violation of it will be considered sufficient ground for the engineer to declare the contract void.

27. Extra work.-No allowance for extra work, beyond that specified, will be made, except such as shall have been done by the special written order of the engineers. All claims for extra work must be presented to the engineer at the end of the month in which such extra