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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 twentyfourth day of August, in year of our Lord one thousand eight hundred and fifty-seven, (1857,) as witness their hands and seals.
ELEASER FREDERICK, [SEAL
(Done in quadruplicate.)
ASA S. JOHNSON,
Witness to signature of Capt. M. C. Meigs:
Specifications for Cut Stone for the Washington Aqueduct.
1. There are required 131 courses of voussoirs or arch stones-each course 20 feet 4 inches long, from outside to outside; to be from 6 feet 2 inches by 6 feet, to 4 feet 2 inches by 3 feet 6 inches, and about two feet in thickness, carefully worked to the proper wedge shape, as shown on detailed drawings to be furnished.
2. All to be got out in courses; each alternate course to consist of 4 and of 5 stones. No lap to be less than 18 inches.
3. All to be dressed perfectly smooth, straight, and plane or out of wind on the beds or joints normal to the curve of the arch, without any deficiency whatever.
4. To lay joints of not more than one-eighth of an inch each.
5. The heads which show, and the soffits and backs and end joints, to be rough hammer-dressed, with a bevel of two inches on the edges of the soffit and head.
6. The end joints to be full and square with soffit, to lay not more than inch joint of mortar for two-thirds of the depth from the soffit, and to have no deficiency greater than to make a one-inch joint in any part of it.
7. Proposals will state the quarry from which the stone is to be delivered, and should be accompanied by a specimen of the stone, unless the quarry and material is well known to the engineer.
8. The stone to be a sound, strong, hard, and durable granite, of a quality in all respects satisfactory to the engineer, and like the specimen submitted with the proposal.
9. The stone to be delivered on a wharf in Washington or Georgetown, to be designated by the engineer, or on lighters in the harbor of Washington or Georgetown.
10. A crane will be provided by the engineer for unloading the
stone, if delivered upon a wharf; but delivery upon lighters or scows in the harbor will be preferred, the scows to be provided by the engineer.
11. The proposals must state the time in which the whole will be delivered; and the time will be taken into consideration in deciding on the proposals.
12. The subscriber offers to contract to deliver for the Washington aqueduct, in conformity to the preceding specifications, and upon the terms and conditions of the contract which he may hereafter sign, in the form of which a copy has been shown to and read by him, all the cut and dressed granite arch stones which may be required from him for the bridges of the Washington aqueduct, at the following prices, viz:
Quincy granite. For all arch stones containing not more than fifty cubic feet each, delivered, per cubic foot....
$1 20 For all arch stones containing more than fifty and not more than sixty cubic feet, delivered, per cubic foot......
1 25 For all arch stones containing more than sixty cubic feet, per cubic foot......
1 30 The delivery to commence forth with, and all to be delivered by 30th June, 1858.
Signed by me, this 24th day of August, in the year of our Lord 1857.
FREDERICK & FEILD. To Captain M. C. Meigs, United States Engineers : We, the undersigned, residents of
in the State of
hereby, jointly and severally, covenant with the United States, and guaranty, in case the foregoing bid of 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 sareties, to perform the work in conformity to the terms of the advertisement and specifications under which it was made. And in case the said
shall fail to enter into contract as aforesaid, we guaranty to make good the difference between the offer by the said
and the next lowest bidders.
I hereby certify that, to the best of my knowledge and belief, the above nained guarantors are good and sufficient.
Contract for bricks. 1. Agreement between William Douglas, of Washington city, D. C., of the first part, and Captain M. C. Meigs, of the United States corps of engineers, of the second part, acting under the authority of, and 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 said party of the first part, upon such wharf or landing, or part of the canal bank of the Chesapeake and Ohio canal, as may be designated by the party of the second part, and at such points in the vicinity of the line of the Washington aqueduct as may be agreed upon hereafter, ten to twelve millions of bricks, to be delivered and to be in all respects according to the terms of the specifications and advertisement hereto annexed, which are to be deemed and taken as a part of this contract.
3. The party of the second part covenants and agrees to put the party of the first part in possession of the brick yard now in the possession and occupancy of the said party of the second part, upon the Chesapeake and Ohio canal bank, between Georgetown and the Great Falls, with the machinery and appliances there prepared for making brick.
4. And the party of the second part further covenants and agrees to pay to the said party of the first part, for every thousand of bricks delivered in conformity to the terms of the specifications attached to this contract, and inspected and accepted by him as of suitable quality, the sum stated in the proposal and specifications herewith ; said payment to be made in checks for coin upon the treasury of the United States, monthly, if desired by the party of the first part, upon the monthly estimates which shall be made by the engineer of the bricks 80 delivered and accepted; that is to say, ninety per centum of the whole amount thus found to be due, the remaining ten per centum being retained by the party of the second part until the full and entire completion of this contract, when it shall be paid to the party of the
5. 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 two 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.
6. 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.
7. 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.
8. And it is further stipulated and agreed that no member of Codgress 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 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.
9. And for the true and faithful performance of all and singular the covenants, articles, and agreements hereinbefore particularly set forth, the subscribers hereunto bind themselves, jointly and severally, their and each of their successors, heirs, executors, and administrators.
10. Thus covenanted and agreed by the said parties this twenty-sixth day of May, in the year of our Lord one thousand eight hundred and fifty-seven, (1857,) as witness their hands and seals. (Done in quadruplicate.)
WILLIAM DOUGLAS. (SEAL.
(SEAL. Captain of Engineers, in charge of Washington Aqueduct. Witness:
Z. W. DENHAM.
Specifications for bricks. 1. Proposals will be received at this office until 7th of May next for furnishing ten millions of bricks for the Washington aqueduct.
2. The bricks must be delivered at such points on the banks of the Chesapeake and Ohio canal as may from time to time be designated by the engineer, or, if made at a distance from the canal, at such points in the vicinity of the line of the work as may be agreed upon.
3. The brick yard, machinery, and appliances for making brick,
prepared by the late contractors for brick for the aqueduct, and surrendered by them to the United States, will be placed at the service of the contractors for their use in making brick under these specifications.
4. There are large deposits of clay, suitable for making brick, in the vicinity of the line of the work and of the canal, and excellent clay is to be found in Washington and on the canal bank between Georgetown and Alexandria.
5. None but well made hard burnt bricks, entirely acceptable to the engineer, will be received, and they must be mare in moulds conforming in size to the municipal regulations of Washington city.
6. Should it be necessary to import bricks made in other places, in order to supply the quantity needed this season, they must conform in size to those made in Washington, or a deduction proportionate to the difference in size will be made from the price to be paid for them.
7. The whole quantity of ten millions will be received this season, if the contractor is able to supply them. If not willing to undertake this, bidders will state the quantity they will undertake to furnish, and the times within which they will deliver them.
8. The delivery of bricks must commence within twenty days after the signature of the contract, and continue in such times and such quantities as the engineer may from time to time require, in conformity to these specifications and proposals.
9. The subscriber offers to contract for furnishing for the Washington aqueduct ten to twelve millions of bricks, at the prices hereinafter stated, and in the times and quantities of the following table, . and to complete the delivery of said bricks in conformity to the terms of the preceding specifications, and upon the terms and conditions of the contract which he may hereafter subscribe, in the form a copy of which has been shown to and read by him, viz:
For bricks, per thousand, delivered, on boats to be furnished by the United States, at the brick yard landing on the Chesapeake and Ohio canal, $8 25.
400,000 to be delivered by 21st of June............ 1857. 600,000 more
August 1857. 800,000
September .... 1857. 800,000
October.... 1857. 800,000
November..... 1857. 800,000
December ..... 1857.
Total, 5,000,000 to be delivered by 21st of December ...... 1857.
And any quantity, not exceeding seven millions, that may be required in the year 1858, at the rate of one million per month, commencing with the first million on the first day of May, 1958, in the same manner and at the same price, viz: eight dollars and twenty-five cents per thousand: Provided, That notice of the quantity needed in the year 1858 be given me on or before the first day of January, 1858.
I also offer, instead of delivering them, upon boats to be furnished by the United States, at the brick yard landing, to deliver such of the bricks as may be required at such points on the berme bank of the Chesapeake and Ohio canal as may be designated by the engineer, at the rate of eight dollars and eighty-seven cents per thousand.