628 REPORTS OF THE BUILDING COMMITTEE. 



hundred and fifty dollars, to be paid to them by the said party of the second part, in 

 the manner and at the times hereinafter specified, they will furnish all the materials 

 of every description and perform all the work necessary to construct and completely 

 finish, in the most full', substantial, and workmanlike manner, the whole of the 

 carpenter work, stone-cutting, and mason work, and work connected therewith, for 

 the building of the Smithsonian Institution, in each and all of its parts, including 

 all of its appurtenances, said building being situated on the site for the building of 

 said Institution, in the city of Washington, and in a position designated by the said 

 parties of the second part. And the said party of the first part hereby further 

 covenant and agree, that the construction of the said building and its appurtenances 

 shall be in every respect in accordance with the plans, specifications, and directions 

 of James Renwick, junior, the architect of the said Institution, all of which shall be 

 considered as part of this contract ; which said specifications are hereunto annexed. 

 And the said parties of the first part hereby further covenant and agree that they 

 will furnish materials of the best description, and that the work shall be performed 

 in the most workmanlike and substantial manner. 



And it is hereby agreed by the parties to this contract, that the work, during its 

 progress, shall be subject to the inspection and decision of the said architect, who 

 shall have, and is hereby granted, power to condemn and reject all materials and 

 work which shall not, in his opinion, be in accordance with this contract ; and the 

 said parties of the first part hereby agree that they will take down all work and 

 remove from the ground all materials which maybe condemned by the said architect, 

 at their own cost and expense, on pain of forfeiture of this contract, as hereinafter 

 specified. 



And it is hereby agreed by the parties to this contract, that the execution and 

 completion of the building herein contracted for shall occupy a period of five years 

 from the nineteenth day of March, in the year of our Lord one thousand eight hun- 

 dred and forty-seven, and in such proportions thereof, in and during each year 

 thereof, as the said party of the second part shall direct ; and such work to be done 

 at such times and seasons, and in such order, as the said architect shall direct ; it 

 being expressly understood that an amount of not more than $41,000 shall be ex- 

 pended annually during the first four years of this agreement. 



And it is hereby mutually agreed by the parties to this contract, that the parts 

 composing the said building shall be erected in the following times and order, viz : 

 the wings and connecting ranges within two years, and the remainder of the building 

 within five years, from the first day of January, one thousand eight hundred and 

 forty-seven. 



And it is hereby further agreed by the said party of the first part, that they will 

 perform. all work embraced in this contract as above specified, agreed, and under- 

 stood. 



And it is hereby mutually agreed, covenanted, and understood by the parties to 

 this contract, that, in order to prevent all disputes, the said above-mentioned archi- 

 tect shall decide every question, controversy, or claim, which may or can arise during 

 the execution of this contract from alterations in plan or in any other manner, and 

 that his estimate and decision thereon shall be final and conclusive between the par- 

 ties, who hereby mutually bind themselves each to the other, to submit to the said 

 estimate and decision of said architect, in the sum of forty thousand dollars, which 

 is to be forfeited and paid by the party who shall neglect or refuse to abide by and 

 perform said estimate and decision to the other party to this contract. 



And the said party of the second part hereby agree that they will pay the above- 

 mentioned sum of two hundred and five thousand two hundred and fifty dollars, 

 ($205,250,) in gold and silver, or in Treasury notes bearing six per cent, interest, at 

 their par value, for the whole work, to the said party of the first part, in the manner 

 and times following, to wit : every two months for all materials delivered and work 

 executed according to the estimate and certificate of the aforesaid architect, reserving 

 fifteen per cent, therefrom until the completion of the work ; and that when the 

 whole building and work shall be completed, and upon certificate of the aforesaid 

 architect that it has been finished in every respect to his satisfaction, according to 

 the terms of this contract, they will pay the balance which may then be due, including 

 said fifteen per cent., and the interest that may have accrued on said fifteen per cent., 

 at the rate of six per cent, per annum from the times of the several estimates. 



And it is hereby agreed and covenanted, that if at any time the said parties of the 

 first part shall, in the opinion of the aforesaid architect, have performed any of the 

 work embraced in the contract in an unfaithful or improper manner, or shall have 

 violated any of the provisions of this contract, or shall refuse to prosecute the work 

 herein contracted for, that then, and in that case, the said architect shall give notice 



