Page images
PDF
EPUB

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, sbarp, silicious sand, as described and referred to in the printed specifications aud 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. [SEAL.
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 biņs. 4. Proposals will state the quantity which the bidder will undertake to deliver during this season, stating the rate of delivery per month, and the greatest and the least quantity for which he will contract.

5. The proposals may be for any quantity not exceeding three hundred and fifty thousand bushels.

6. The engineer will designate the particular bin into which any load of sand is to be delivered.

Proposal The subscriber offers to contract for furnishing for the Washington aqueduct from one hundred thousand to three hundred thousand bushels of sand, at the price hereinafter stated, and in the times and quanties of the following table, and to complete the delivery of the said sand 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 :

For sand, per bushel, 6 cents, is required, up to December 1, 1857. -,000 to be delivered by 1st June, 1857; 000 by July, 1857; 000 by August, 1857; ,000 by September, 1857 ; - ,000 by October, 1857; -,000 by November, 1857; 000 by December, 1857 ; -,000 by January, 1858 ; -,000 by March, 1858 ; -,000 by April, 1858 ; -,000 by May, 1858 ; -,000 by June, 1858. Signed by me, this 5th day of May, in the year of our Lord 1857.

G. W. JACKSON.

To Captain M. C. Meigs, U. S. Engineers :

We, the undersigned, residents 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 G. W. Jackson 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 G. W. Jackson 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.

J. T. WALKER,

J. 8. LENMAN. I bereby certify that, to the best of my knowledge and belief, the above named guarantors are good and sufficient.

JOHN S. HOLLINGSHEAD, Notary Public and Justice of the Peace.

WASHINGTON AQUEDUCT.

Contract for sand. 1. Agreement between Richard F. 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, one hundred and fortyfour thousand 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 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 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 sall 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 atoresaid 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 26th 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.)

RICHARD F. JACKSON. SEAL
M. C. MEIGS,

(SEAL.

Captain Engineers.
Witnesses:

Z. W. DENHAM,
(to signature of R. F. Jackson.)

WM. G. MOORE,
(to signature of Captain M. C. Meigs.)

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

« ՆախորդըՇարունակել »