Timber and plank.-Contingent-Four hundred thousand (400,000) feet board measure. Cat stone masonry.-Fourteen hundred (1,400) cubic yards. Wrought iron.-Spikes, twenty thousand (20,000) pounds. Bolts, forty thousand (4,000) pounds. Cast iron.—Dowell's, thirty-five hundred (3,500) pounds. The Government reserves the right to make such alterations in the plans and specifications as the interests of the work may from time to time seem to require; and it is to be distinctly understood that any reduction of quantities which may result from such alterations is not to be assumed by the contractor as the basis of a claim against the Government for damages or the loss of prospective profits. Work must be begun under each contract within twenty (20) days after its execution and must be completed by June 30th, 1877. No convict labor will be allowed on the work. Special attention is directed to the Instruction to Bidders, to be found on the third page of the printed forms of Proposals and Guarantys. Bids not made in conformity with these instructions will not be considered. Every bid must be made upon the printed forms furnished by the Government, and must be accompanied by conclusive evidence of the responsibility of the person or persons making the bid. The bidder must also state whether he has ever been directly engaged in building canal locks or similar work of masonry, and whether he has ever been interested directly or indirectly in any contract with the Government of the United States; and if he has been so interested, he will give the date and character of the contract, and the name, title, and the residence of the officer with whom it was formed; and will state where and how it was executed, and who accepted it on the part of the Government. Bidders are informed that it is necessary for them to examine the sites of the proposed locks before offering their bids. Florence, Alabama, is the town nearest the Shoals. An Engineer stationed at the work will furnish those who apply with such additional information concerning it as they may require. WALTER MCFARLAND,. ADDENDUM. Lock 3 and 4, of five (5) feet lift each, are to be united, making one of ten (10) feet Eft, to be called number 3. Locks 6 and 7, of five (5) feet lift each, are to be united, making one of ten (10) feet Bids will therefore be made for locks 2, 3 and 4 only. No member of Congress, officer or agent of the Government, or any person employed a the public service, shall be admitted to any share herein, or any benefit which may at se herefrom. In witness whereof, the undersigned have hereunto placed their hands and seals the day and date first above written. Executed in quintuplicate.) W. R. KING, Captain of Engineers. GEORGE WILLIAMS. Witnesses: J. C. LODOR, C. P. COMEGYS. I do solemnly swear that the copy of contract hereto annexed is an exact copy of a tract made by me personally with George Williams, of Keokuk, Lee county, Iowa; at I made the same fairly, without any benefit or advantage corruptly to the said berge Williams or any other person; and that the papers accompanying include all relating to the said contract as required by statute in such cases made and pro W. R. KING, Captain of Engineers. Sbscribed and sworn to before me this 30th day of October, 1876. [AL] THEO. G. MONTAGUE, Notary Public. Bond in the sum of $21,000 for the faithful performance of a contract between Captain William R. King, Corps of Engineers, for the United States, and George Williams, of Keokuk, Iowa. Know all men by these presents that we, George Williams, Albert L. Connable, and A. Hosmer, all of Keokuk, in the county of Lee, State of Iowa, are held and firmly bound to the United States of America in the sum of twenty-one thousand dollars ($21,000), lawful money of the United States; for which payment, well and truly to be made, we bind ourselves and each of us our and each of our heirs, executors, and administrators, for and in the whole, jointly and severally, firmly by these presents. Sealed with our seals, dated the 14th day of October, in the year of our Lord eighteen hundred and seventy-six (1876). The condition of this obligation is such that whereas certain articles of agreement, bearing date the 14th day of October, 1876, have been entered into by and between Captain W. R. King, Corps of Engineers, U. S. Army, acting for and in behalf of the United States, and the above bounden George Williams, for the construction of canal lock number two (2), at Muscle Shoals, Alabama: Now, if the above bounden George Williams shall, for and during the period during which the said articles of agreement shall, by their original terms, as well as by reason of any extension of time which, as provided in said articles, may be granted for their performance, continue in force, duly and fully observe, comply with, and perform all and singular the terms, conditions, covenants, and agreements which on the part of the said George Williams are in said articles of agreement covenanted and agreed to be observed, complied with, and performed, then this obligation shall be void; otherwise, shall remain in full force and virtue. I, Albert L. Connable, of Keokuk, in the county of Lee, State of Iowa, do solemnly swear that I am worth, over and above my just debts and liabilities, the sum of twentyone thousand dollars ($21,000) in real and personal property. ALBERT L. CONNABLE. Subscribed and sworn to before me this 14th day of October, 1876. H. K. LOVE, Clerk United States Dist. Court, Dist. of Iowa, I, A. Hosmer, of Keokuk, in the county of Lee, State of Iowa, do solemnly swear that I am worth, over and above by just debts and liabilities, the sum of twenty-one thousand dollars ($21,000) in real and personal property. Subscribed and sworn to before me this 14th day of October, 1876. Major W. R. KING, H. K. LOVE, A. HOSMER. Clerk United States Dist. Court, Dist. of Iowa, U. S. Engineers, Chattanooga, Tenn.: KEOKUK, IOWA, January 22, 1877. DEAR SIR: I have the honor to apply to you for such reasonable compensation as may be just for the work done and to be done by me in the excavation of earth, rock, &c., in sections 3 and 4 on the upper half of the old canal around "Big Muscle Shoals,' on the Tennessee River. In support of my application I make the following statement, to which I invite your especial attention, and upon which I ask your considerate judgment: I commenced this work under written contract with Walter McFarland, Major of Engineers, dated December 13th, 1875. Major McFarland, by advertisement dated U. S. Engineer's Office, Chattanooga, Tennessee, September 2, 1875, stated that sealed proposals would be received at that office until noon of the 15th day of November, A. D. 1875, for the excavation of earth, rock, etc., in the construction of the canal around "Muscle Shoals," in the Tennessee River, between Florence and Decota, Alabama, and that specifications and forms for proposals would be furnished on application. The advertisement and specifications are copied in my contract. The specifications divide the work into seven sections. The specifications show bidders were authorized to bid for one or more sections, but eparate bids were required for each section. Each bid was required to cover all the work to be done in the section to which it relates. The bid on each section was to give the proposed price of, first, grubbing and clearing, per acre; second, earth excavation, per cubic yard; third, earth embankment, per cubic yard; fourth, rock excavation, per cubic yard; fifth, slope wall, per cubic yard: bidders were advised to examine the work in person before offering their bids, and were informed that an engineer was stationed at Florence, Alabama, who would accompany them to and over the work when desired, and would furnish such additional information as might be required. The specifications further show: The work as contemplated included not only "the repair," but "the enlargement" of the canal; not only the repair, "heightening and strengthening of the embankment," but also the "widening" and deepening of the canal trunk. The extreme width of the canal was to be not over one hundred feet, and the material was in no case to be raised over twelve feet, or to be moved in general over one hundred feet. The specifications contain approximations of quantities for each section. After receiving the specifications, I went personally and examined the work. Major Long, engineer in charge, exhibited to me the maps and profile of the proposed work, and gave me full explanations concerning the same. At the time I made my bids it was contemplated and understood, as shown by the maps and profiles as represented to me by Major Long, and as appears from the specifications themselves, that the canal in sections 3 and 4 was to be 100 feet wide, but which might possibly be reduced to a width of 80 feet. The canal on these sections being either eighty or one hundred feet wide, involved, as part of the excavation work, the removal of the old tow-path from fifteen to thirtyfive feet into the river and the building of a new tow-path, and also the building of a slope wall on the new tow-path for the whole length, or nearly so, of these sections. The work as then planned, if carried out, would have approximated the quantities mentioned in the specifications. I made my bids for each of these sections separately, apon the faith that the work to be done in each was of the magnitude I have stated, and graduated my prices accordingly. Instead of the work being carried out as then planned, it has been materially and radically changed. The plan now being carried out leaves the canal sixty-three or sixty-five instead of eighty or one hundred feet wide in these sections. The old tow-path remains where it originally stood, and the contemplated work on slope wall is nearly all dispensed with. If the change in the plan had not been made the character of the excavation work in removing the old tow-path and building the new, and the large amount thereof, together with the large amount of slope wall work, would have made the contract realize a reasonable compensation at the contract prices. Now, by this great and material and unexpected change in the whole character and scope of the work in the alterations, I will suffer most serious loss if I am held to the contract prices. The change was made without my fault, and I am in no wise responsible for it. I am advised and believe by reason of the change I would have had the right to refuse to complete the work at the contract prices. But this I have not done nor do I want to do. I desire and intend to fully complete the work. I believe that under the circumstances you will allow me such reasonable compensation for the work done and to be done on these sections as will at least give me the actual cost of doing the work, which I will show by my books, pay-lists, and vouchers, and a reasonable compensation for the use of my tools and machinery, and, in addition, a small compensation as profit for the use of the capital invested. All of which is respectfully submitted. EXHIBIT E. Major W. R. KING, U. S. Engineer, Chattanooga, Tenn. : WASHINGTON, D. C., May 24, 1877. DEAR SIR: On or about February 7, 1876, Major Walter McFarland, of U. S. Engineers, issued proposals for bids to furnish material and construct three locks, Nos. 2, 3, and 4, Muscle Shoals Canal, Tennessee River. The contract was awarded me in March to build locks 3 and 4, and at a later date also lock 2. At the time of the letting no detailed plan was exhibited, but certain quantities of material were given as being required to complete the work. Among others, it was stated there would be 7,100 yards cut-stone masonry and 17,400 yards rubble masonry, in all 24,500 yards of cut-stone and rubble masonry in the three locks. One of the conditions of the contract was that the work should be commenced in May, 1876, and completed June 30, 1877. Another was that the contract could be amended by the assent of both parties, and approval of Chief of Engineers. I have the honor to state that during the month of May, 1876, I placed upon, and contiguous thereto, a large plant of tools necessary and suitable to do this work, and at the same time skilled workmen and laborers, who actually commenced work on locks 3 and 4 in June, 1876, and have continued at work ever since with such diligence as the locality and elements would permit. All the operations so far have been at a loss to me, which I am prepared to show by vouchers and statements from my books kept with this work. As I have stated before, the contract was for 24,500 yards of masonry; by alterations and modifications of the plans, the work, as being executed at this time, will, as I am informed and believe, amount to less than 14,000 yards. I would respectfully apply to you for such reasonable modifications of the contract as I may be entitled to for changes of quantities and other work not fully provided for by the contract, so far at least to pay me actual cost of labor and material, and a reasonable compensation for the use of my tools, and very cordially accede to your proposition of yesterday to submit this whole question to some disinterested experts as arbitrators. Your suggestion of Mr. Guy Wells, of Keokuk, Iowa, I accept, and would further suggest that the Chief of Engineers appoint some one from the Engineer Corps to cooperate with Mr. Wells, and if desirable to have a third party, I would willingly assent that Mr. D. C. Jerney, engineer for the State of Illinois, now building locks on Illinois River. Let them go on the ground, examine the working and vouchers of cost to date, and make report as they see fit to aid us in a better understanding of the contract, or in any other manner that yourself or the Chief of Engineers may suggest. All of which is respectfully submitted. EXHIBIT F. GEORGE WILLIAMS. Gen. A. A. HUMPHREYS, Chief of Engineers, U. S. Army: WASHINGTON, D. C., March 16, 1878. DEAR SIR: I would respectfully represent that on the 31st day of March, 1876, I entered into contract with Major Walter McFarland, Corps Engineers, U. S. Army, to build locks 3 and 4, Muscle Shoals Canal, Tennessee River. Bids were called for under specifications dated February 7, to be opened March 22, 1876, for these locks. On page 6 of these specifications, bidders were informed that it was necessary to examine the sites of the proposed locks before offering their bids. Myself, and more especially my superintendent, examined the sites or approximate locality, and on the day preceding the letting we called at Major McFarland's office, in Chattanooga, and requested to be shown the plans. As no plans had been prepared we were shown plan of middle lock, Des Moines Rapids Canal, Mississippi River, at Keokuk, and informed that these locks would be 50 feet shorter and 20 feet narrower in lock chamber, but in many other respects similar. Having built the most of middle lock at Keokuk, I made my bid for such items of the specifications as would be used in the construction of these locks. My bid amounted in the aggregate for the two locks to $207,290, and I supposed that this amount would be largely increased, as many of the items were understood to be approximate and understated. The time fixed in contract for commencing the work was May 1st. I was on the work, ready to commence, on or about May 4th, but was informed by the civil engineer in charge, Major Long, that the sites for locks 3 and 4 were not permanently located. I also learned that Kennedy, contractor for the section work on sections 3, 4, 5, and 6, at the locality where these locks were to be built, had not completed his work, and was about stopping for want of means, and that it would be impossible for me to place my tools upon the work while he was in possession. Having brought out a force of skilled men and foreman with me, I was at loss how to act. Major King having been appointed successor to Major McFarland, but had not taken possession of the work, I had no one to consult. Having my men on the work I inquired of Major Long, civil engineer in local charge, as to the character of Kennedy's work to be completed. From his representation of the quantities to be moved, I thought I might with safety ask to be allowed to complete this work under a power of attorney from him, expecting to find employment for my men until such time as the permanent sites and the plans of the locks were ready. From a mistake as to his powers, Major Long misled me as to the manner of estimating the section work, and its final completion was a heavy loss to me. What I wish particularly to say at this time is that lock 3 is entirely complete under original contract, and lock 4 also, with exception of small portion of the coping and clearing up of lock pit; that the estimates, so far, are about $80,000 less than the cost to me of doing the work; that the contract and specifications do not provide for the building of a culvert or any curved or arched work; that the lift to both of these locks has been increased; that the foundations as built are not provided for in the contract or specifications; that the rulings as to these portions are so different from my understanding, and the estimates so far below the figures in aggregate of the contract, that they will bring me a heavy loss. Therefore, I respectfuily ask that the whole matter be taken up and revised, hoping that under certain provisions of the contract you may be able to allow me such further compensation as will relieve me from loss, and allow me a reasonable compensation for the use of my tools. What I claim that the department should allow me under a fair construction of the contract, and in view of all the circumstances, is as follows: 1. A further compensation for the foundation. The contract provides for a foundation made of timber or concrete; I was required to make it of cut stone. For this masonry I have been paid only $7 per cubic yard, being the cheapest rate for rubble masonry, whereas I am entitled to $16 per cubic yard, the price of cut-stone masonry. 2. An additional allowance on cut-stone masonry used in the face of the lock chamber. For this I have been allowed $16 per cubic yard for two feet and $7 per cubic yard for one foot. I am entitled to $16 per cubic yard for the whole three feet, and the balance is $9 per cubic yard on one foot of said work. 3. Au allowance for curved work and tor arches. I have been allowed for these only the same as plain cut-stone masonry. This work is not specifically mentioned in the contract, and the rule is that it is to be counted double the plain work. I am allowed on this $16 per cubic yard, and am entitled to $32 per cubic yard. 4. An additional allowance for cut-stone masonry in the construction of the mitre sills. I am allowed on this $16 per cubic yard on two-foot face, and only $7 on balance. I am entitled to $15 per cubic yard for the entire contents, all of which is cutstone masonry, according to the specifications. Very respectfulty, General A. A. HUMPHREYS, GEO. WILLIAMS. EXHIBIT G. WASHINGTON, D. C., March 19, 1878. Chief of Engineers, United States Army: I. The first claim I make is for compensation for the foundation. The contract contemplates a foundation made of timber filled with concrete. I was required to and did make it ont of cut-stone. I have been allowed for this not as timber or concrete, but as rubble masonry. The character of this work was such that it should be classified as cut-stone masonry, and the contract authorizes and requires such classification. The contract price of rubble masonry is $7 per cubic yard, and of cut-stone masonry $16 per cubic yard-a difference of $9 per cubic yard. The stones put into this foundation were cut on the lower and upper beds and vertical joints. All the appliances used in cutting first-class cut-stone masonry were used in cutting these stones which went into this foundation. These stones were all regularly shaped to fit the places assigned for them. The expense per cubic yard of cutting these stones was greater than the average cost per cubic yard of cutting the cut-stone masonry in the walls of the lock. It is |