Antæ-cost of change $73,145 Deficient quantities 8,550 $81,695 Face-work of basement and between antæ-cost of change 87,544 Interior and other work, in addition to estimated cost.. 75,552 1,310 301,527 Less by decreased amount of steps, platforms, and balustrades.. 5,537 295,990 All of which is respectfully submitted. A. H. BOWMAN, Engineer in charge, Treasury Department. Hon. HOWELL COBB, Secretary of the Treasury. Whereas there has for some time existed a misunderstanding between the engineer in charge and the contractors for the granite of the Treasury extension, as to whether or not the large buttress caps for the south portico, made and delivered in one piece, should be estimated for under that clause of the contract which requires that "stones of greater width than three times their thickness an additional price of twenty-five (25) per cent. shall be paid for each additional three (3) inches in width," making the said stones amount to thirty-five thousand two hundred and sixteen dollars and forty-seven cents ($35,216 47) each for the rough stock: Now, therefore, it is mutually agreed by and between the undersigned, for value received, and in consideration of the premises, and of the settlement this day made of some minor existing disagreements, that the said buttress caps shall be received and paid for by the department, and that the similar caps for the remaining porticos of the building, (if such should be hereafter ordered,) shall be delivered upon the site of the building by the contractors, at a point indicated by the superintendent, for the round sum of fifty-five hundred dollars ($5,500) each, and that the dressing of the style of hammering known as No. 1 shall be computed at ($2) two dollars per superficial foot, the dressing of moulded portions thereof, at the exact price fixed by the contract, of seven dollars and sixty cents ($7 60) per foot. This is to be deemed and taken to be the agreed upon and adjudicated rate, governing not only those that are delivered, but those which may hereafter be ordered. In witness whereof, we have signed our names and affixed our seals hereunto this twenty-fourth day of May, A. D. eighteen hundred and sixty. BEALS & DIXON. S. M. CLARK, Acting Engineer in charge. [Official.] TREASURY DEPARTMENT, Office of Construction, February 12, 1861. SIR: Referring to your verbal inquiries in relation to the new custom-house at Charleston, and to the Treasury extension in this city, I have the honor to make the following report: That my reply may be the more readily understood, I take the liberty to restate your inquiries thus: 1st. What is the amount due the contractors for granite furnished for the Treasury extension? and, 2d. What amount of money is it necessary should be appropriated to carry on the work upon this building under existing contracts? In reply to the first branch of this inquiry, I have to say that the amount due the contractors for granite delivered at the site of the building will not materially vary from eighty thousand dollars. The deliveries cover a variety of stones, whose actual worth under the contract has not yet been accurately computed, as the department had not the means of payment, but its value, by an approximate estimate, is, as above stated, eighty thousand dollars. 66 In addition to this, the contractors report that they have a large amount of stone quarried, and more or less prepared at the quarries. which they desire should be either paid for, as far as progressed, at its value under the contract, or that the department will order it finished and delivered. Of the value of the stone thus reported I have no knowledge, not having visited the quarry; but as the contract with them is clear and explicit that they shall furnish the material within a reasonable time, and that the Secretary of the Treasury doth promise, covenant, and agree well and truly to pay, or cause to be paid, from time to time, as the material is delivered, ninety per cent. of the value thereof," I have no doubt of the justice of their demand, either that it should be paid for as it is, or that they should be allowed to finish and deliver it and then be paid therefor. They allege that they have now thus quarried over one hundred and fifty thousand dollars worth of material. This value could only be ascertained by an official inspection of the material upon the spot. To the second branch of the inquiry of what amount should be appropriated to carry on the work, I have respectfully to say that the amount would only be governed by the rapidity with which the work is to be executed. The chief hindrance to the prosecution of a work of this kind is the procurement of the exterior stone. In the present case the entire exterior stone for the west wing is now on the site ready for placement. The necessary interior brick and iron (under contract) and labor can be procured as fast as wanted, in any required quantity, so that the building may go up more or less rapidly, as the means at command will warrant. At present I am doing nothing upon the west wing. The contingent force of the work, such as master stone setter, master mason, master carpenter, and other masters of the different branches are all now employed, under pay, and without any increase of contingent cost they can push the work to completion. They can as well take charge of five hundred hands as five. In my annual report, accompanying the Secretary's report upon the finances to the present Congress, page 111, I had the honor to briefly state these facts, and to say: "During the coming year prob ably $750,000 could be judiciously expended towards completing the entire structure, while $500,000 would enable it to go on, with good economy, and give work to a large number of operatives, who only wait the necessary appropriation to put in place the purchased materials, and such others as are required for the placement of that in hand." A lesser sum could, of course, be expended, the only dif ference being that the building would progress less rapidly at the same contingent cost. It may not be improper to add that a true economy requires the material on hand to be put in place, as it not only is a source of daily cost for watchmen, &c., but is liable to injury, and some pieces liable to utter loss from wanton or careless frequenters of the grounds. Your inquiries in reference to the new custom-house at Charleston were, 1st. What are the conditions of the contract for the marble for this building; and how much money is now due the contractors under it. In reply, I have to say that the contract for this work requires the contractor to deliver the marble at Charleston "in such order and quantities as the department may reasonably require." It is also stipulated that no payment can be made under this contract, except as appropriations may be made by Congress." It was probably the intention of Secretary Corwin, when the contract was made, that no marble should be ordered, except as appropriations were made. In practice, during his and succeeding administrations, the delivery of a working drawing to the contractor has been deemed an order. It has been so construed and acted upon from the beginning of the work until the present time. Architectural necessities, however, made it imperative to furnish complete working drawings, of different portions of the building, as the parts could not otherwise be made to correspond and fit each other. In this way the drawings furnished have been, for many years, in advance of appropriations. When Congress omitted to make appropriations for the work, the contractors were ordered to cease quarrying or preparing marble. They have complied with this order, ceased work at the quarry, and discharged their operatives. The marble on hand at the time of the receipt of this order constituted the material for which they now claim pay from the department, and which it is unable to pay as the appropriation is exhausted. I can perceive no impropriety in this claim. They have provided the material in good faith, upon the same orders which they have heretofore provided it, and under which it has been delivered and paid for to the amount of many hundred thousand dollars. They now say they are anxious to furnish and deliver the work, prepared, preparing, or ordered, and deliver the same under their contract at Charleston. The department does not feel authorized to permit it under existing circumstances. Of the value of this marble I can only report approximately. I have this morning returned from an official visit to the quarry, (at Hastings, upon Hudson, New York,) where I found a large quantity of marble in every stage of progress, from the rough block to elaborately carved ornamental work ready for shipment. I took notes and memorandum of the various stones, and the condition of their progress. It would be a very elaborate matter to prepare an exact estimate of its worth, but from a careful resumé of my notes I should think its total value would not much, if any, exceed one hundred thousand dollars. Its exact value under the contract can be ascertained, and of course would be if Congress shall direct payment therefor to be made. I have the honor to be, very respectfully, S. M. CLARK, Acting Engineer in charge of Treasury Department. Hon. JAMES F. SIMMONS, Senate Chamber, Washington, D. C. [Official.] TREASURY DEPARTMENT, January 24, 1861. SIR Referring to the letter of E. Learned, contractor for the marble required to build the Charleston custom-house, dated January 24, 1861, (which is herewith enclosed,) I have the honor to report that the facts as therein stated in reference to the action of this department under his contract are correct. The marble had been prepared and commenced under drawings furnished by this office for the work, and if upon inspection had been found to be properly cut, would have been received and paid for under the contract, if Congress has not omitted to make the customary annual appropriation for continuing the work upon the building. The above statement will bring the Secretary's mind to the point now presented by the contractor. They ask that, under a clause in the contract providing for such a course, an inspector may be appointed to inspect the marble, and that they be paid 75 per cent. thereon. The clause alluded to is as follows: "The party of the first part, i. e., the Secretary of the Treasury, shall have the privilege of appointing an agent to inspect the said marble at the quarries, and on such inspection, if made, agrees to pay seventy-five per centum, of the contract value of the marble or the certificate of the inspector, from time to time, showing that a quantity amounting to not less than five thousand dollars is prepared for shipment, and has been duly inspected and approved, and the remaining twenty-five per cent. within thirty days after the same shall be safely delivered at Charleston. In case of loss or damage occuring to any marble so in part paid for before delivery, said loss or damage shall be made good by the party of the second part, without expense of the party of the first part. The Secretary will perceive that it is a privilege which he can avail himself of or not at his discrerion. A precedent was established by Secretary Guthrie, who caused a quantity on hand at the quarries to be inspected, and seventy-five per cent. to be paid thereon, to relieve the contractor, at a time when shipment was impracticable, and the marble was not immediately required for work. It is proper to say in this connexion, that the department is not bound to pay under the contract, "except as appropriations may be made by Congress." The balance of the appropriation not withdrawn from the treasury is but $33,489 75. Not more than this amount, therefore, could be lawfully paid under your decision. I am verbally advised by the contractor that he has, under the department's orders, ceased quarrying marble for this work. I have the honor to be, very respectfully, your obedient servant, S. M. CLARK, Acting Engineer in charge. Treasury Department. TREASURY DEPARTMENT, February 4, 1861. SIR: You are hereby instructed to proceed to Hastings, upon Hudson, New York, and there make an inspection of more or less of the marble reported by the contractor to be finished, or preparing, in the quarries at that place for the Charleston custom-house. This inspection is ordered in accordance with a provision in the contract to that effect, providing for a payment of three-fourths of the value under the inspection; but as no payment can lawfully be made beyond the amount of the appropriation not withdrawn from the treasury, you will only inspect so much as will fully cover the available amount of appropriation, and leave the balance of the marble uninspected, subject to any action that the department may hereafter take. You will take a bill of sale from the contractor for such marble as you may inspect, and mark each block or box distinctly with the words Treasury Department,' and then take a receipt therefor by the marks and numbers from the contractor or custodian of the quarry, as may seem to you best when on the spot, conditioned that the receiptor will, whenever ordered, make such disposal thereof as the department may direct, without any charge for storage, transmission, or other expenses. Upon your return you will make written report to me before issuing any voucher or other document for payment, and receive my order thereon. Very respectfully, S. M. CLARK, Esq., JOHN A. DIX, Secretary of the Treasury. Acting Engineer in charge, Treasury Department. |