114 COLLAPSE OF TEXAS TOWER NO. 4 



Mr. DeLong. That was Mr. Suderow, yes. And we worked out the 

 methods. It was his job to get the approval. We got the approval 

 verbally, and so stated to our associate, Raymond Concrete Pile. We 

 accepted it and submitted a tender on No. 4. 



Mr. Kendall. This was prior to the receipt of bids? 



Mr. DeLong. It was prior to the receipt of bids. In fact, our joint 

 venture agreement, and memorandum of agreement of equipment, 

 was written on October 28, 2 or 3 days before the bid. 



Mr. Kendall. You say you had a memorandum of agreement? 



Mr. DeLong. Yes, between us in the joint venture. 



Mr. Kendall. What was the date of that ? 



Mr. DeLong. October 28. 



Mr. Kendall. We would like you to make a copy of that available 

 for the record, if you do not mind. We have a copy you furnished us 

 under subpena. 



Mr. DeLong. The memorandum of agreement between the joint 

 venture ? 



Senator Stennis. Without objection, this will be admitted in the 

 record. 



(The documents referred to are as follows :) 



This INIemorandum of Agreement made and entered into this 28th day of 

 October 1955 by and between Raymond Concuete Pile Company, a New Jersey 

 corporation, hereinafter linown as "Raymond", and De Long Corporation, a 

 Delaware corporation, hereinafter Ivnown as "DeLong" ; 



WITNESSETH : 



Whereas Raymond and De Long have heretofore entered into a Joint Venture 

 Agreement under the name "Raymond-De Long" for tlie erection and construc- 

 tion with the Bureau of Yards & Docl^s of the United States Government for 

 Texas Towers #1, #3 and #4 and such other Texas Towers as may subsequently 

 be awarded by the United States Government, and. 



Whereas said Joint Venture will employ methods and jacking equipment 

 solely owned by De Long Corporation and protected by United States Patent 

 Applications Nos. 143,627. 283,567, 523,323 and other United States and foreign 

 patent applications filed by De Long Corporation, and, 



Whereas it is contemplated that the Joint Venture will use De Long jacks in 

 the erection and construction of said Texas Towers, which jacks shall be the 

 sole and separate property of De Long. 



Now Therefore, for and in Consideration of the premises and the mutual 

 agreement of the parties hereto it is agreed by and between Raymond and De 

 Long as follows : 



I 



De Long shall furnish to Raymond-De Long, a Joint Venture, the use of twen- 

 ty-two (22) De Long Air Jacks, presently employed on Texas Tower #2 being 

 Contract NOy-88201, for a rental price of five hundred dollars ($500.00) per 

 month per jack provided that said rental charge shall not exceed the sum of 

 forty-nine thousand five hundred dollars (.$49,500.00) per tower or a total rental 

 charge of one hundred forty-eight thousand five hundred dollars ($148,500.00) 

 for Texas Towers #1, #3 and #4. Raymond-De Long shall store, repair and 

 maintain said Air Jacks and keep in good operating condition the same as when 

 received, less reasonable wear and tear while in their possession. Upon removal 

 from the Towers and completion of the usage under Texas Towers #1, #3 and 

 #4, the Air Jacks shall be returned to Orange, Texas by the Joint Venture. 



II 



De Long shall manufacture and furnish to Raymond-De Long twelve (12) 

 De Long Pin Jacks employing the hydraulic principle embodied in United States 

 Patent Application Serial No. 523,323. A lump sum rental charge of eighty-six 

 thousand four hundred dollars ($86,400.00) shall be charged against the Joint 

 Venture by De Long for the use of said Pin Jacks on Texas Towers #1, #3 

 and #4. Title to said Pin Jacks shall be and remain the sole and separate 



