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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 sublet 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.
8. 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.
9. Thus covenanted and agreed by the said parties this sixth day of August, in the year of our Lord one thousand eight hundred and fifty-seven, (1857,) as witness their hands and seals.
J. W. & J. F. STARR, [SEAL.]
Sealed proposals will be received at the office of the Washington Aqueduct, Washington, till the 7th May, 1857, for the following castiron pipes, branches, and bends, viz:
19 pipes, 9 feet long, 48 inches interior diameter, 14 inch thick. 5 pipes, 9 feet long, 30 inches interior diameter, 14 inch thick.
5 pipes, 9 feet long, 12 inches interior diameter, of an inch. thick.
2 reducing pipes, 48 inches to 12 inches.
1 reducing pipe, 48 inches to 30 inches.
2 hemispherical stops, for ends of 48-inch pipes.
5,837 pipes, 9 feet long, 12 inches interior diameter, of an inch. thick.
2 of 90° curvature: radius of curvature of axis, 6 feet.
The size named to be inside diameter, and each pipe to be 9 feet in length.
The joint to be what is termed the spigot and faucet joint, excepting that one of the 48-inch pipes will have a flange joint at one end and a spigot at the other.
The 48-inch and 30-inch pipes, the reducing pieces, and eleven of the 12-inch pipes to have strong lugs, or horns, cast on each end, for fastening them together with wrought iron links.
The spigot ends of all the branches and both ends of the bends to have similar lugs.
The average weight of the 12-inch pipes to be 672 pounds; 12-inch
pipes, weighing less than 650 pounds, will be rejected. If the total weight of all the 12-inch pipes exceeds the average, the excess will not be paid for. All the pipes to pass the usual inspection and proof of 300 pounds to the square inch; to be of uniform thickness throughout, of strong, tough iron, free from all imperfections whatever, and such as will bear drilling and cutting.
Proposals will state whether the pipes are to be from blast furnace iron or re-melted iron; and, if from blast furnace iron, will specify the name of the mine, &c., and the ore used.
The pipes to be delivered on such wharf as may be designated by the engineer, in Washington or Georgetown, D. Č., as follows:
19 48-inch pipes.
5 30-inch pipes...
2 hemispherical stops.....
5 12-inch pipes, with lugs..
by 1st July, 1857.
Time of first delivery extended to 1st October in consequence of de
lay in awarding contract.
by 1st March.
The branches to be delivered in due proportion with the pipes, as required, from time to time.
A specific price per ton of 2,240 lbs. to be named for the pipes and branches and bends.
Payments will be made in cash, by checks, for coin on the United States treasury, immediately after the inspection and proof of each parcel is completed-reserving 10 per cent. until the completion of the
All the pipes to conform in dimensions and in every particular to the drawings to be furnished by the engineer.
The pipes to be made of the best quality of iron remelted.
The subscribers offer to contract for furnishing the above described. pipes, branches, bends, &c., in conformity to the preceding specifications, and upon the terms and conditions stipulated in the contract which they may hereafter subscribe, in the form a copy of which has been shown to and read by them, at the prices following, to wit: For 48-inch pipes, per ton, of 2,240 lbs......
For 30-inch pipes,
For 12-inch pipes,
Signed by us, this sixth day of August, in the year of our Lord
J. W. & J. F. STARR.
To Capt. M. C. MEIGS, United States Engineers:
I, the undersigned, resident of Washington city, in the District of Columbia, hereby, jointly and severally, covenant with the United States, and guaranty, in case the foregoing bid of J. W. & J. F. Starr, of Camden, New Jersey, be accepted, that he or they will, within ten days after the acceptance of the said bid, execute a contract for the same, with good and sufficient sureties, to perform the work in conformity to the terms of the advertisement and specifications under which it was made. And in case the said J. W. & J. F. Starr shall fail to enter into contract as aforesaid, I guaranty to make good the difference between the offer by the said J. W. & J. F. Starr and the next lowest bidders.
J. F. BROWN.
I hereby certify that, to the best of my knowledge and belief, the above named guarantors are good and sufficient.
Contract for Cut Stone.
1. Agreement between Frederick and Feild, of Quincy, in the State of Massachusetts, of the first part, and Captain M. C. Meigs, of the corps of United States engineers, of the second part, acting for and in behalf of the United States of America, as engineer in charge of the Washington aqueduct, witnesseth:
2. That the party of the first part, for and in consideration of the matters hereinafter referred to and set out, covenants and agrees with the party of the second part to furnish and deliver, at the proper cost of the said party of the first part, upon such wharf or wharves in Washington and Georgetown as may be designated by the party of the second part, or upon lighters or scows in the harbor of Washington or Georgetown, D. C., all the cut granite arch stones described and referred to in the printed specifications and proposals, a copy of which is annexed to and is to be deemed and taken as a part of this contract, and to do the same in conformity to said specifications and proposal, and to the directions he may from time to time receive from the engineer.
3. And the party of the second part, for and in consideration of the premises, covenants and agrees to pay to the party of the first part, for all arch stones which shall have been delivered by the said party of the first part, under and in conformity with the terms of this contract and proposal, and which shall have been inspected and accepted by the said party of the second part, at the rates per cubic foot speci fied in the said proposal and specifications hereto attached.
4. Provided, nevertheless, that in case the party of the second part shall at any time be of opinion that this contract is not duly complied with by the party of the first part, or that it is not in due progress of execution, or that the party of the first part is irregular or negligent,
in such case he shall be authorized to declare this contract forfeited, and thereupon the same shall become null and void, and the United States shall thereupon be exonerated from every obligation thence arising; and the reserved per centage on the contract price, as well as all the materials furnished 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 party of the second part may thereafter agree with any other person for the execution of the remainder of the work; and the 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 or refusal; and it is further agreed between the parties that, in order to secure the punctual performance of the covenants above made by the party of the first part, and to indemnify 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.
5. 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.
6. 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.
7. 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 underststood 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 sublet 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, excutors, or administrators.
8. And for the true and faithful performance of all and singular, the covenants, articles, and agreements herein before particularly set