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[See page 7 of this Report, ante.]
ARTICLES OF AGREEMENT, MADE THIS TWENTY-Fifth Day of SEP
TEMBER, IN THE YEAR EIGHTEEN HUNDRED AND NINETY, BY AND BETWEEN THE COMMONWEALTH OF MASSACHUSETTS, ACTING BY ITS BOARD OF HARBOR AND LAND COMMISSIONERS, PARTY OF THE First Part, AND THE New ENGLAND DREDGING COMPANY, A CORPORATION DULY ESTABLISHED UNDER THE LAWS OF SAID COMMONWEALTI, PARTY OF THE SECOND Part.
The said party of the second part hereby covenants and agrees with the said party of the first part, to do and complete all the work specified and described in the following specifications for widening a channel on South Boston flats, all of said work to be done and completed in the manner, and in accordance with and subject to the terms and conditions, in said specifications set forth:
Specifications. The party of the second part is to furnish all the plant, tools, appliances and labor necessary to widen, by dredging, a channel about 5,400 feet long on South Boston flats.
The location and dimensions of the channel, and the widening required, are more exactly shown on a plan on file in the office of the Board of Harbor and Land Commissioners, entitled “Plan for widening channel on South Boston flats, September, 1890. Scale 1400." Said plan is referred to and made a part of these specifications.
The channel is to be widened, on its southeasterly side, so as to have the following dimensions, that is to say, so as to be, after the work is completed, 12 feet deep at mean low water and 110 feet wide on the bottom, with slopes 2 to 1 on each side, for a distance of 4,100 feet from its westerly end, and the remainder of the distance 8 feet deep at mean low water and 115 feet wide on the bottom, with slopes 2 to 1 on each side.
The amount of material to be removed to widen the channel as above described, is about 69,000 cubic yards.
The least present depth of water on the above area is 0.9 feet at mean low water, and the average depth is about 3 feet.
The whole channel to have throughout, when the work is completed, the depth of water, width and side slopes described above and shown on said Plan; but no dredging to be required in that part of the channel already excavated to the depths above specified, except to remove such material as may be forced or dropped into it in the work of widening.
No extra payment or allowance to be made for any excavation below the required depth or outside the prescribed limits of the channel.
All ledges and bowlders and other obstructions which may be found, and which can be removed by dredging, to be removed as part of the contract without extra payment or allowance; but if any ledges or bowlders are found which cannot be removed by dredging, the covering material to be dredged away, and the ledges and bowlders left bare to the depth aforesaid ; and the Engineer of said Board to be the sole judge to determine whether any ledge or bowlder can be removed by dredging or not.
All of the material dredged to be deposited on the South Boston flats, at such places on said flats as may from time to time be directed by said Engineer; and all dumping of such material to be done within one hour and one-half before or after high water. If dumped at the elevating station of the New England Dredging Company, the rules established by said company to govern such dumping, and the instructions of its authorized agent in charge of said station to be observed and followed.
The said party of the second part to fill, with part of the material excavated, the trench in rear of the sea-wall on the northerly side of the reserved channel on said flats, to as high a grade as practicable, and to furnish suitable scows or other appliances for doing this to the best advantage, and to the satisfaction of said Engineer.
The aforesaid Plan, and the surveys and calculations based thereon, are believed to be correct; but said party of the second part must examine for itself, 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, the decision of said Engineer to be final.
All necessary aid and materials for giving or indicating lines and grades, to be furnished by said party of the second part at its own expense; and convenient facilities for the inspection of the work to be furnished whenever requested.
All instructions and directions of said Engineer to be strictly observed and followed.
All of the work to be done to the satisfaction of said 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 cominenced at once, and to be prosecuted vigorously in all suitable weather until completion ; and to be fully completed on or before the thirty-first day of December, 1890.
Estimates to be made by said 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 whole contract price applicable to such work, as computed by said Engineer; and the remaining 25 per centum to be paid upon the final completion and acceptance of the whole work.
If said party of the second part refuses or neglects to prosecute the work, or in any other respect fails to carry out the provisions of the contract, said Board may annul the same, and contract anew with other parties, without prejudice to its claim for damages arising from breach thereof.
The word “Engineer,” as used herein, means the Engineer of said Board of Harbor and Land Commissioners, or his authorized assistant in immediate charge of the work.
And the said party of the first part, in consideration of the performance and completion of all of said work in the manner and in accordance with the terms and conditions aforesaid, hereby covenants and agrees to pay the said party of the second part the sum of nine thousand nine hundred and fifty dollars ($9,950), said sum to be in full therefor, and to be paid at the times, and in the manner, and upon the terms and conditions, set forth in the foregoing specifications.
IN WITNESS WHEREOF, on the day and year first above written, the said Commonwealth of Massachusetts, acting by its said 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 hereunto allixed, and has also caused these presents to be approved by its Governor and Council; and the said New England Dredging Company, by Charles H. Souther, its president and treasurer, thereunto 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 John E. SANFORD,
John I. BAKER,
Harbor and Land
NEW ENGLAND DREDGING COMPANY,
(SEAL OF THE NEW ENGLAND
In Council, October 1, 1890. Approved. Witness the Seal of the Commonwealth.
(SEAL OF THE
COMMONWEALTH.] Henry B. PEIRCE, Secretary.
[See page 39 of this Report, ante.]
LEASE OF HANGMAN'S ISLAND.
This INDENTURE, made this first day of January, in the year eighteen hundred and ninety, between the Commonwealth of Massachusetts, acting by its Board of Harbor and Land Commissioners, and S. Albert Freeman, of Boston, in the County of Suffolk and Commonwealth aforesaid,
WITNESSETH, that the said Commonwealth doth hereby lease unto the said S. Albert Freeman, that tract of land in Boston Harbor known as Hangman's Island, to hold for the term of three years from the date hereof, in trust, nevertheless, for the uses and purposes, and upon the terms and conditions, hereinafter set forth, that is to say ;
That, Whereas, said island is now occupied by Lawrence Hogan, Owen Hogan, Nathan S. Brown, James E. Hassett, William E. Greenfield, John R. Putnam, James Powers, Joseph Powers, and Thomas McKinley, fishermen, as a fishing station ; and whereas said S. Albert Freeman, although not a fisherman, is the owner and interested in the ownership of certain personal property situated on said island, and used by said fishermen in the prosecution of their said business;
Now, therefore, the said S. Albert Freeman, trustee as aforesaid, is to hold said leased premises in trust for himself and the above named Lawrence and Owen Hogan, Nathan S. Brown, James E. Hassett, William E. Greenfield, John R. Putnam, James and Joseph Powers, and Thomas McKinley, and all of said persons are to have the same and equal privileges upon said island and in the occupancy thereof; and the use and occupancy thereof shall, during said term, be and continue substantially the same as heretofore, and all of the persons aforesaid shall have