determine whether any ledge or bowlder can be removed by dredging or not.

The work to be done in such a way as not to unreasonably interfere with the construction simultaneously of a pile wharf along the south-easterly side of the 75 feet channel from its inner end to a point 400 feet from the bulkhead, and two dolphins on the same line, one 550 feet and one 800 feet from the bulkhead.

The aforesaid plan, and the surveys and calculations based thereon, are believed to be correct; but the contractor must examine for himself, as no allowance will be made for any errors or inaccuracies which may be found therein.

In all questions which may arise concerning measurements, lines and grades, or of interference with the work of other contractors, the decision of the engineer to be final. All lines and grades will be given by the engineer, but all necessary aid and materials for giving or indicating them to be furnished by the contractor at his own expense, and the marks given shall be carefully preserved.

Convenient facilities for the inspection of the work to be furnished by the contractor whenever requested by the engineer. All instructions and directions of the engineer to be strictly observed and followed; and when the contractor is not present to receive them, they shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which they are given.

All of the work to be done to the satisfaction of the engineer, and with such machinery and appliances, and by such methods, as shall be approved by him, and to the acceptance of said Board.

The work to be commenced as soon as practicable, and to be prosecuted vigorously in all suitable weather until completion, and to be fully completed on or before the first day of March, 1897.

Estimates to be made by the engineer of the amount of work done up to the end of each calendar month, and payment to be made thereon of 75 per centum of the proportional part of the contract price applicable to such work, as computed by the engineer; the remaining 25 per centum to be paid upon the final completion and acceptance of the whole work.

In all operations connected with the work the contractor shall comply with all laws or regulations affecting in any way the conduct of those engaged on the work or the methods of doing the work, and persons employed in the performance of manual labor under this contract shall not be required to work more than nine hours in each day, and said nine hours shall constitute a day's work; and in the employment of mechanics and laborers in the

construction of the work herein contracted for preference shall be given by the contractor to citizens of the United States, in accordance with the requirements of chapter 494 of the Acts of 1896.

The contractor shall take all responsibility of the work and take all precautions for preventing injuries to persons and property in or about the work, and shall assume the defence of and indemnify and save harmless the Commonwealth, its officers and agents, from all actions at law and claims relating to labor or materials furnished for the work, or to inventions, patents, or patent rights used in doing the work, or to injuries to any person or corporation received or sustained by or from the contractor or his employees in doing the work, or in consequence of any improper materials, implements or labor used therein, or to any act, omission or neglect of the contractor or his employees therein.

If the work to be done under this contract shall be abandoned by the contractor, or if the engineer at any time shall be of opinion, and shall so certify in writing to said Board of Harbor and Land Commissioners, that the work, or any part thereof, is unnecessarily or unreasonably delayed, or that the contractor is violating any of the provisions of this contract, said Board may notify the contractor to discontinue the work, and the contractor shall thereupon discontinue said work, and the Commonwealth may, after the said notice, complete the work by contract or otherwise, and may pay the expense of the same so far as may be out of any moneys then due or to become due the contractor under this contract. In case such expense is less than the sum which would have been payable under this contract if the same had been completed by the contractor, the contractor shall be entitled to receive the difference, and in case the expense shall exceed said sum the contractor shall pay the amount of such excess to the Commonwealth.

And the Commonwealth of Massachusetts, in consideration of the performance and completion by the contractor of all of said work in the manner and in accordance with the terms and conditions aforesaid, hereby covenants and agrees to pay the contractor the sum of thirteen thousand nine hundred and forty-five (13,945) dollars in full therefor, at the times and in the manner and upon the terms and conditions herein before set forth.

IN WITNESS WHEREOF, on the day and year first above written, the Commonwealth of Massachusetts, by the Board of Harbor and Land Commissioners, has caused these presents to be signed and delivered in its name and behalf, and the seal of the Commonwealth to be hereto affixed, and has also caused these presents to be approved by the Governor and Council; and the said New

England Dredging Company, by Charles H. Souther its president, thereto duly authorized, has caused these presents to be signed and delivered in its name and behalf and its corporate seal to be hereunto affixed.

THE COMMONWEALTH OF MASSACHUSETTS,
By WOODWARD EMERY, Harbor and Land
CHAS. H. HOWLAND, S

}

Commissioners.

NEW ENGLAND DREDGING COMPANY,

By CHARLES H. SOUTHER,

President.

[SEAL OF NEW ENGLAND DREDGING COMPANY.]

[B.]

[See page 8 of this report, ante.]

CONTRACT.

ARTICLES OF AGREEMENT, MADE THIS NINETEENTH DAY OF OCTOBER IN THE YEAR EIGHTEEN HUNDRED AND NINETY-SIX, BY AND BETWEEN THE COMMONWEALTH OF MASSACHUSETTS, ACTING BY THE BOARD OF HARBOR AND LAND COMMISSIONERS WITH THE APPROVAL OF THE GOVERNOR AND COUNCIL, AND ALBERT A. HERSEY OF EAST BOSTON, IN THE COUNTY OF SUFFOLK, HEREINAFTER DESIGNATED AS THE CONTRACTOR.

The contractor hereby covenants and agrees with the Commonwealth to provide all the materials and to do and complete all the work necessary and proper to build an oak pile wharf and two dolphins on South Boston flats in Boston Harbor, all the work to be done and completed in the manner and in accordance with and subject to the terms and conditions set forth in the following specifications.

The word "engineer" when used herein shall mean the engineer of the Board of Harbor and Land Commissioners acting directly or through his properly authorized agents, such agents acting within the scope of the particular duties intrusted to them.

Specifications.

The contractor is to furnish all the plant, tools, appliances, labor and materials necessary to build the wharf and dolphins and put them in condition for use, as follows:

The wharf is to be located on the South Boston flats, near the north-easterly corner of the filled flats, and is to extend from the filled flats north-easterly toward the main channel of the harbor. It is to be 400 feet long, the inner 350 feet to be 30 feet wide, and the remaining 50 feet to be 50 feet wide. It is to be built of oak piles and braces and hard pine timber, and is to have a bulkhead or breakwater of spruce timber and plank running throughout its length and secured to the piles of the wharf.

Two dolphins, of four oak piles each, to be built in line with the north-westerly side of the wharf, one 150 feet and one 400 feet north-easterly from the northerly corner of the wharf.

A plan on file in the office of the Board of Harbor and Land Commissioners, marked, "Plan of proposed wharf on South Boston flats, September, 1896," signed by Frank W. Hodgdon, engineer, shows the location, size and method of construction of the wharf, and is referred to and made a part of these specifications and is to be followed in all details not otherwise mentioned.

Piles and Pile-work.

All piles are to be new oak piles, sound and straight, at least 14 inches in diameter at a point 5 feet from the butt, and not less than 8 inches in diameter at the small end, including the bark in both cases, and are to be of proper lengths for driving, cutting off and capping at the proper grade. The main piles to be not less than 40 nor more than 45 feet in length. All piles must be free from defects of every kind (no knotty, rotten or worm-eaten, split, peeled or partly peeled or loose-bark piles will be accepted), and must be carefully and thoroughly driven to the satisfaction of the engineer. Any pile which may be driven in a wrong position, or which may not be long enough for capping after being driven, or which may be split in driving, shall be drawn up and another substituted.

All spur-shores are to be fitted in a workmanlike manner and bolted to the piles with 14-inch screw bolts. The fender piles to be bolted to the main piles with 11-inch screw-bolts with countersunk heads.

Belay posts to be large-sized piles with well-shaped butts, and driven in the location shown on the plan, and shaped, fitted and secured in the manner shown thereon.

Each bent of piles in the narrow section of the wharf, and each row of piles extending back from the three outer faces of the wide portion of the wharf, are to be braced with rough oak braces as shown on the plan. The girders and braces are to be hewn or sawed on one side and are to be large enough to square at least 4 inches by 5 inches at the small end; all to be fastened to the piles by one 1-inch screw-bolt in each bearing.

Dolphins.

The dolphins to consist of one main pile and three spur-shores each. Each spur-shore to be bolted to the main pile by one 14-inch screw-bolt. The piles in each dolphin to be further bound together by 34 fathoms of 1-inch iron chain placed and secured in a manner to be approved by the engineer.