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 so 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 first part. 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 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 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 herein before 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.) Witness: WILLIAM DOUGLAS. [SEAL. SEAL. Captain of Engineers, in charge of Washington Aqueduct. Z. W. DENHAM. WASHINGTON AQUEDUCT. 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 made 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. 1857. August.. ... 1857. 400,000 to be delivered by 21st of June....... (( 66 600,000 more July..... (6 "( 66 (( 66 66 800,000 (6 66 (6 66 66 06 800,000 "( 66 66 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, 1858, 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. WASHINGTON AQUEDUCT. Contract for sand. 1. Agreement between George W. Jackson, of Washington city, District of Columbia, 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 the berme bank of the Chesapeake and Ohio canal, at such points as may from time to time be designated by the party of the second part, from 100,000 to 300,000 bushels of good, clean, sharp, silicious sand, as 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 proposals, 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 sand 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 bushel specified 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 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. 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 second day of June, in the year of our Lord one thousand eight hundred and fifty-seven, (1857,) as witness their hands and seals. (Done in quadruplicate.) G. W. JACKSON. M. C. MEIGS, [SEAL.] Capt. Eng's, in charge of Washington Aqueduct. Witnesses to signature of Capt. M. C. Meigs: N. A. Boss. W. G. MOORE. WASHINGTON AQUEDUCT. Specifications for sand. 1. Proposals will be received for furnishing sand for the Washington aqueduct. 2. None but good, clean, sharp, flint or silicious sand will be received. 3. It must be delivered into bins which will be prepared to receive it on the berme bank of the Chesapeake and Ohio canal, adjacent to the line of the Washington aqueduct; and it will be measured in these bins. |