19 WITNESSETH: That the party of the second part, for the consideration 20 hereinafter mentioned, covenants and agrees to and with the party of the 21 first part to furnish all of the labor and materials and do and perform all 22 the work required.
23 24 25 26 in strict and full accordance with the requirements of drawings numbered 27 23 29 30 and such other detail drawings as may be furnished to the party of the 31 second part by the Supervising Architect of the United States Treasury 32 Department; the advertisement for proposals, dated 33 190 ; the specification for the work; the proposal dated 34 190 , addressed to the said Supervising Architect by the said party 35 of the second part; and letter dated 190, addressed to the 36 said party of the second part by 37 Assistant Secretary of the Treasury, accepting said 38 proposal; (2) The proposal often covers several pages. First the lump sum price is stated for the entire work; then follow many is. the amount the bidder will add or deduct provided certain materials are substituted for thoso required by tha straight bid—as, for instance, the amount to be deducted for "Alternate A," substituting brick for all plain surfaces of the Superstructure above 1st floor line $ After the alternates. unit prices are given. Thus: Price per thousand for conmtou brick in place $ After this are lists of appliances to be used in the work. Thus: Name of boiler proposed to be used Number of square feet of grate surfaces Etc., etc.
1 a true and correct copy of each of which said p'u. s is attached hereto 2 and forms a part of this contract; and which ss:.i numbered drawings, 3 bearing the signature of the said Supervising Arruocect and the signature 4 of the said party of the second part, are on file :a the Office of the Super 5 wising Architect of the United States Treasury Department, and are 6 hereby made part of this contract.
7 And the said party of the second part further covenants and agrees 8 that the work herein agreed to be performed shall be commenced prompt 9 ly upon receipt of notice of the approval of the bond hereto attached, 10 and that the same shall be carried on in such order and at such times and 11 seasons, and with such force as shall from time to time be directed or 12 prescribed by the Supervising Architect or his representative, and that 13 the same shall be completed in all its parts within 14 15 from the date of the approval of said bond hereto attached; that all 16 materials used shall be of the very best quality of their respective kinds; 17 that all the work performed shall be executed in the most skilful and 18 workmanlike manner, and that both the materials used and the work 19 performed shall be in every respect to the entire and complete satis 20 faction of the Supervising Architect.
21 And the said party of the second part expressly covenants and agrees 22 that the bond hereto attached shall be security, also, for the satisfactory 23 performance and fulfilment of all the guarantees set forth in or required 24 by said specification.
25 26 27 It is expressly convenanted and agreed by and hetween the parties 2S hereto that time is and shall be considered as of the essence of the con 29 tract on the part of the party of the second part, and in the event that the 30 said party of the second part shall fail in the due performance of the 31 entire work to be performed under this contract, by and at the time 32 herein mentioned or referred to, the said party of the second part shall 33 pay unto the party of the first part, as and for liquidated damages, and 34 not as a penalty, the sum of .dollars for each and 35 every day the said party of the second part shall be in default, which 1 said sum of dollars per day, in view of the difficulty 2 of estimating such damages with exactness, is hereby expressly fixed, 3 estimated, computed, determined, and agreed upon as the damages 4 which will be suffered by the party of the first part by reason of such default, and it is understood and agreed by the parties to this contract 6 that the liquidated damages hereinbefore mentioned are in lieu of the 7 actual damages arising from such breach of this contract; which said 8 sum the said party of the first part shall have the right to deduct from 9 any moneys in its hands otherwise due, or to become due, to the said 10 party of the second part, or to sue for and recover compensation or 11 damages for the nonperformance of this contract at the time or times 12 herein stipulated or provided for.