# Transcript of Record — United States v. United Engineering & Contracting Co. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386002_0322%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1914 - **Citation:** 234 U.S. 236 ## Text _TRANSCRIPI OF RECORD. SUPREME COURT OF THE UNITED STATES. | Ooronan Tere, leas a No. gat. £81. 3 THE UNITED STATES, APPELLANT, va. THE UNITED ENGINEERING AND CONTRACTING COMPANY. APPEAL FROM THE COURT OF CLAIMS, FED NOVEMBER 22, 1919. - @3aa7) j x > t yt ti Sy ar. 7 , i, ? ae , 4 y * Marl % i : ; * . % *) - , eS he \ ¢ oe SUPREME COURT OF THE UNITED STATES. OcTOBER TERM, 1912. No. 852. THE UNITED STATES, APPELLANT, Vs. THE UNITED ENGINEERING AND CONTRACTING COMPANY. APPEAL PROM THE COURT OF CLAIMS. INDEX. Original. Print. No a wah ese ew eas ae eN ches MOR ENE ROR SOE EN ER RIERS AUS | Appendix to petition............... 502 e eee eens 13 Exhibit A.--Contract No. 876, September 15, 1900...............-- 13 B.—Agreement No, 876-A, January 21, 1901.............-. 40 ©. Supplemental Agreement No. 876-B, February 16, 1908. 44 DD. Supplemental Agreement No. 876-C, March 7, 1903... 46 NR Be, cc aK GS RNKESDECREN TS CREDA DRC EEA RASS RASS aN 53 Argument and submission... ..... 2... 2.02.2. eee ee eee neces 54 PRN OE ORE Sink ac cs nena cn enatunesscantencsecentsnectaees 55 INE NE ck eis yak ec kw odes 4k ce yee sha Nawe sy howe KEREAS SESE SS 61 PRIOR ccpadeatns sac5lsakbaN soni se hier sche aso eann cheeky bree yecke 61 eS EES PELE TET COCT TE TETAS TE ee CER Ch 78 Motion to amend findings and for a new trial............-.------------ 79 rr Ps Oh CNN, oo ac ccc ac ncbane sen sbevs sve eaeenSaksneceee 84 Application for appeal........ 2... 2... ec ence e eee e teen eee eee eeecs &5 Clerk’s certificate. ........... GES eOCuL RSNA ENGRAEREEARAMS AC EMR OMS RES 86 N3533—13——1 I > = age UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. 1 1 I.—Petition. Filed December 9, 1907. In the Court of Claims of the United States. Tue Uniren ENGINEERING AND Conrractine Company, , claiment. oR. Tue Unirep Srates. No. 30072. To the honorable the judges of the United States Court of Claims: The petition of The United Engineering and Contracting Com- pany. a corporation, respectfully shows as follows: I. Your petitioner is a corporation, duly created and existing under the laws of the State of New York, for the purpose of carry- ing on a general engineering, construction, and contracting business, and has its principal office and place of business in the city and State of New York. Your petitioner has at all times borne true faith and allegiance to the Government of the United States, and has not in any way aided or abetted or given encouragement to rebellion against the said Government. II. That on or about the 15th day of September, 1900, vour peti- tioner entered into and executed a contract in writing with the United States, which was represented in the making and execution thereof by Mordecai T. Endicott, Chief of the Bureau of Yards and Docks, Navy Department, acting under the direction of the Secretary of the Navy, in and by which it agreed, for the sum of seventy- 2 nine thousand four hundred and_ thirty-five dollars ($79,- 435.00) to furnish all necessary materials, labor, tools, and appliances for the construction and completion, in all respects, of a pumping plant for dry dock numbered three (3) at the United States navy vard, in the city and State of New York, in accordance with and subject to the conditions and requirements of the plans and specifications attached to and forming a part of said contract. Said contract was known as No, 876, and a true copy thereof is hereto attached, marked * Exhibit A.” and is hereby referred to and made a part hereof. IIT. That subsequently and on or about January 21, 1901, your petitioner entered into and executed with the United States, which was represented in the making and execution thereof by Mordecai T. Endicott. Chief of the Bureau of Yards and Docks, Navy Depart- ment, acting under the direction of the Secretary of the Navy, a further and supplemental contract, in writing, in and by which it agreed, for the additional compensation therein stipulated of forty- two thousand eight hundred and eighty-five dollars ($42,885.00), to make certain changes and alterations in the work which it was called upon to perform and the materials which it was called upon to furnish under the provisions of said original contract No. 876. Said 2 UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO, supplemental contract was numbered 876-A. and a true copy thereof is hereto attached. marked * Exhibit B.” and is hereby referred to and made a part hereof. IV. That subsequently and on or about February 16, 1903, your petitioner entered into and executed with the United States. which Was represented in the making and execution thereof by Mordecai T. Endicott, Chief of the Bureau of Yards and Docks, Navy — ment, acting under the direction of the Secretary of the Nay y.2 further and second supplemental contract. in writing. in and by which it agreed, for the additional compensation therein stipulated of nine hundred and fifty-nine dollars and eighty cents 3 ($959.80). to furnish all of the material and labor for and to construct three (3) hatches in the roof of the pump well being constructed under said original contract No. S76. in accordance with specifications and plans attached to said second supplemental con- tract and forming a part thereof. Said second supplemental contract was No, 876-B. and a true copy thereof is hereto attached, marked * Exhibit C.” and is hereby referred to and made a part hereof. V. That subsequently and on or about the 7th day of March, 1903, your petitioner entered into and executed with the United States, which was represented in the making and execution thereof by Mordecai T. Endicott, Chief of the Bureau of Yards and Docks, Navy Department, acting under the direction of the Secretary of the Navy, a further and third supplemental contract in writing. in and by which it agreed, for the additional compensation therein stipu- lated of six thousand seven hundred and eight dollars and five cents ($6,708.05), to modify the work being done under said original con- tract No. 876 as indicated and illustrated by a copy of the report of the board and plans attached to said third supplemental contract and forming a part thereof. Said third supplemental contract was No. 876-C, and a true copy thereto is hereto attached, marked “Exhibit D,” and is hereby referred to and made a part hereof. Your petitioner avers that it fully and completely performed, in accordance with the provisions of all of the aforesaid contracts and the specifications and plans forming a part thereof, said pumping plant, and said plant was duly accepted by the defendant. acting therein through its duly authorized officers and agents in charge of said work; whereupon your petitioner became entitled to the amount of compensation fixed and agreed upon in and by the aforesaid contracts, to wit. the total sum of one hundred and twenty-nine thousand nine hundred and eighty-seven dollars and eighty-five cents ($129,987.85); but your petitioner avers that it has been q paid at various times between the date when said original con- tract No. 876 was executed up to and including the 10th day of August, 1906, when the last payment was made, only the sum of one hundred and twenty-three thousand nine hundred and eighty-seven dollars and eighty-five cents (123.987.85) for the work done and materials furnished under said contracts. and the sum of six thou- _ UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. 3 sand dollars ($6,000.00) was then and ever since has been withheld from your petitioner by the defendant, acting through its duly authorized officers and agents, as a penalty improperly imposed by the officers and agents of the defendant for two hundred and forty (240) days of alleged delay in the completion of said pumping plant, at the rate of twenty-five dollars ($25.00) per day. And your petitioner avers that after the execution of the supple- mental contract No. 876-A, which extended the time for the comple- tion of said pumping plant, which had been fixed by the original contract. both your petitioner and the officers and agents of the defendant in charge of said work found that, owing to the many changes. alterations. and modifications that had been made and were necessary to be made in the plans for the construction of said plant, no date of completion could be fixed or determined upon in advance, and in the supplemental contracts No. 876-B and 876-C, which were thereafter executed. the date of completion which had thereto- fore been fixed was ignored and waived and no further formal extension of time for completion was mentioned. This petitioner further avers that whatever delay there may have been in the completion of the work was due primarily to the experi- mental and impractical character of the design, to the mistaken location of the pumping plant, to errors made in the plans and speci- fications therefor prepared by the officers and agents of the de- fendant, and to the interruption and interference with this peti- tioner’s work caused by the defendant using said dock, in which said pumping plant was being constructed, while said work was in progress. 5 Wherefore your petitioner claims that there is still due to it by the defendant and that it is entitled to recover from the United States the sum of six thousand dollars ($6,000.00) on account of the work done and material furnished under the previsions of the contracts hereinbefore set forth. VII. Your petitioner further avers that during the progress of said work the officers and agents of the defandant in charge and control thereof, in addition to the work and materials called for by the aforesaid contracts, ordered and required your petitioner to fur- nish the work and materials ‘temized below in order to make altera- tions in and additions to said pumping plant which were not speci- fied in nor contemplated by the aforesaid contracts and the plans and specifications forming a part thereof, but which alterations and additions were deemed necessary and essential by the officers and agents of the defendant in charge of said work to cure errors in their original designs and to fit the plant for the purpose for which it was intended; and this petitioner, pursuant to said orders, made such alterations and additions, all of which were accepted by the defend- ant, acting through its officers and agents authorized to accept the same. and the defendant received and has ever since enjoyed the bene- fit thereof. 4 UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. And this petitioner avers that said alterations and additions and the fair and reasonalle value of the work and material necessarily entering into the same are as follows, to wit. 1. For furnishing and setting. in or about June, 1902. one additional sixteen-inch valve for by-pass between drainage pumps, in addi- tion to the one called for by contract No. ST6-A_~_~-------__-- $442. 20 2. For furnishing and setting. on or about July 11, 1903, one sixteen- inch Ludlow foot valve not called for by any of the afore- said contracts. __. ~~~ en Ray SE et La 114. 40 6 3. For substituting in or about June. “1902, two new forty-tive-inch Rensselaer valves to replace two old Southwark valves with wedge gates. —-----_- $1. 385. 00 Less allowance agreed upon between petitioner and the chief engineer in charge of said work for old valves_ 450. 00 —_———— $935. 00 4. For furnishing and fitting, in or about November, 1901, covers or gear casing for valves to protect the men engaged in oper- ating the same, which were not covered by the aforesaid con- SSS a REE es Se ee art AS ee AE eae 479. 05 . For furnishing and placing in position during the months of May, June, September, and October, 1902, piles to support pipes for the connection to Dry Dock No. 2. and furnishing and placing of hew piles to support the altur-bearers of Dry Dock No.3. in addi- tion to the piling provided for in contract No. ST6-A__------~ 1,139.50 6. For furnishing. in or about September, 1902, materials and labor for sheet piling to remedy a leak in the dock, which was not contemplated or provided for in any of the aforesaid coutracts_ $25. 84 . For amount paid during the month of September. 1902, for addi- tional compensation for night work of excavators. boiler- makers, dock-builders, and other workmen employed in and about said work in the construction of the new suction chamber, being work net contemplated or called by the aforesaid con- Gn eR A IE ARES Ppa mre ne rege eens eee 636. 44 8. For labor and materials furnished between the months of January and June, 1903, in the reconstruction of the old suction cham- ber, which work was not included in or provided for in any of a the aforesaid contracts..................... ——se 7 . For materials and labor furnished i in 1 Oc tober, 1904, in renew- ing and putting in condition the electrical operating de- vices on two valves in pits connected with Dry Dock No, 2_—- 21. 73 10. For making changes in designs of lubricating devices in May, 1944. caused by changes made in the pipe line by the engineers in charge of SR SSR Gr a ER eet EE 11.02 11. For altering and modifying. during the month of November. 1M, the system of operating electrical devices for opening and clos- ing the valves_._---_--- OTT io a NN LL ES oes 91. 20 12. For labor and material furnished between October 1, i908. and January 1, 1904, in supplying and installing prcoelt wiring, in niddition to and different from that required by the afore- I I ie arin ect cre ernie ee 2S Rd fe ee Ee | Se EET eee ae | ey Wherefore your petitioner claims that an obligation arose upon the part of the defendant to pay to it the sum of ten thousand six hundred and thirty-eight dollars and seven cents ($10,638.07), the fair and reasonable value of the work and material above itemized; but your petitioner says that no payment has ever been made to it by the defendant for or on account of any of said items, and it is justly entitled to recover of the United States the total amount thereof. to wit. the sum of ten thousand six hundred and thirty-eight dollars and seven cents ($10,638.07). ee al UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. 5 VIII. Your petitioner further avers that during the progress of said work upon said pumping plant the officers and agents of the defendant in charge and control thereof, in addition to the work and materials called for by the aforesaid contracts, ordered and required your petitioner to furnish the following work and materials in order to make certain repairs and alterations in and additions to said pumping plant which were not specified in or contemplated by 8 the aforesaid contracts and the plans and specifications forming a part thereof, but were made necessary by and grew out of delays resulting from changes and modifications in the design and location of said plant and by changes and alterations in the work and materials which this petitioner was ‘alled upon to furnish under the aforesaid contracts, and this petitioner was thereby subjected to great loss and damage in the following particulars, to wit: 1. For labor and materiel] furnished during the months of October and November, 14. to repair the volute of drainage pipe No. 1, which burst as the result of excessive pressure which the officers and agents of the defendant had allowed to accumulate in the water-supply system of the navy yard, to which your petitioner had been ordered to connect its priming system --- $385. 00 2. For furnishing labor and materials on or about October T, 1904, for a reducing valve to be placed in position in the priming system to prevent a recurrence of the break last above men- Py Ae a a gta eT) Fe cicreiuitaecieeeee 32. 72 3. For furnishing. on or about November 11. 1904, labor and mate- rials to repair elbow on drainage pipe No. 2. broken on that day as the result of excessive pressure in the priming system, caused as described in item 1 ebove...---=-----=+---—-+--——-— 282. 25 4. For furnishing labor and material on or about February 3, 1%, for a new valve and suction pipe in Dry Dock No. 3. which was cracked by the freezing of water in Dry Dock Xo. 3. which had been flooded by the officers and agents of the defendant in charge thereof without notice to petitioner_----------------- 604. 00 . For labor and material furnished in and about May. 1904, to repair and restore the pumps and pump shafts. which had become rusted and damaged while waiting for the electrical machinery to be placed in position, the installation of which was delayed by the officers and agents of the defendant in charge of said Sa cs ek oe tice vomcto ns nt ncmrina o 1, 560. 87 9 6. Cost of insurance upon the electrical machinery stored in the yard during the aforesaid period of delay------ 217. 80 . Expenses of erector of electrical machinery in coming qu 1 the same. which installation was postponed by delays caused by the officers and agents of the defendant in charge of sald work---------------------- $104. 66 Repairing motor to keep pump well free from water while awaiting the decision of the officers and agents of the defendant in charge of said work in regard to re- pairing the bottom of the pumping Ce ie A 110, 15 Cost of renovating and restoring electrical apparatus after it had become rusted and damaged by the long period of storage in the yard, caused by the delay in the work, occasioned by the officers and agents of the defendant in charge of said work._----------------- 3. 841.98 4,056. 79 S. Cost of extra superintendence and for watchmen and for materials and supplies required to keep the pump pit clear of water dur- ing the long period of delay aforesaid and during the installa- tion of the electrical machinery, which wits retarded by the frequent docking of SEENON nnn enews enone sesweseenennnnn 9, 182. 66 Se en eae en acess _ 16,322. 09 6 UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO, And your petitioner charges that the defendant has received the benefit of all of said repairs, alterations, and additions and was and is solely responsible for all the damages and additional ex- 10 penses to which this petitioner was subjected, as above item- ized, whereby and by reason whereof an obligation arose upon the part of the defendant to pay to it the reasonable value of said repairs, alterations, and additions, and to reimburse said petitioner for its said damages and additional expenses; but your petitioner says that no payment has ever been made to it by the defendant for or on account of any of said items and it is justly entitled to recover of the United States the total amount thereof, to wit. the sum of sixteen thousand three hundred and twenty-two dollars and nine cents ($16,322.09). IX. Your petitioner says that no assignment or transfer of its aforesaid claim or any part thereof or interest therein has ever been made, and your petitioner is entitled to the several amounts above stated after allowance of all just credits and off-sets. Wherefore your petitioner prays judgment against the United States for the total sum of thirty-two thousand nine hundred and sixty dollars and sixteen cents ($32,960.16). Tue Unrrep ENGINEERING AND ContrractinG Company, By Davin L. Hoven, President. {Seal The United Engineering and Contracting Company, city of New York, 1899. ] Attest : Freperick Woo ey. Secretary. State or New York, City of New York, ss: I, David L. Hough, being first duly sworn. do depose and say that I am the president of the United Engineering and Contracting Company, a corporation, which corporation is named as party claim- ant in the foregoing petition. I have read the said petition and know the contents thereof, and the facts therein stated are true to the best of my knowledge, information, and belief. Daviv L. Hoven. 11 Subscribed and sworn to before me this 27th day of Novem- ber, A. D. 1907. E. S. Rue, Notary Public, 163, N. Y. County. [Seal E. S. Rue, Notary Public, New York County.] McKenney & FLannery, Hibbs Building, Washington, D. C., Attorneys for Claimant. (Endorsed :) Original. In the Court of Claims of the United States. No.30072. The United Engineering and Contracting Company, claimant, vs. The United States. Petition. The clerk will UNITED STATES vs. U please file. Wayne MacVeagh. Frederic nery, William Hitz, Hibbs Washington, D. C. The motion of claimant's at printed petition filed Dee. J. Ranxpo.pn, Ass’t C1. C. C. 13 I1.—.1 pp ndia CLAIMA Contract No. 876, dated Se] Engineering & Contracting . of the Bureau of Yards Filed December Con This contract. made 14 first part. under the direction of the Sec part. Witnesseth. That for and inafter specified the party agrees to and with the party First. That the said party and deliver, Yard. New York, N. Y., all t appliances pumping plant for dry dock and will construct Re oe OF ag ene with. and subject to, all the c NITED ENGINEERING AND CONTRACTING CO. Filed Dec. 9, 1907. 10, Filed Dec. 9. 1907. and Docks. ing plant for Dry Dock No. and concluded fifteenth day of September, A. D. 1900, by and bet» Engineering and Contracting with offices at 13-21 Park itself, its successors. and legal representatives. party of the and the United States, by Mordecai T. Endicott, Chief of the Bureau of Yards and Docks. of the first part hereby covenants at its own risk and expense, for the construction and completely calendar months from the date of this contract. 7 Court of Claims. Law offices of D. McKenney, John Spalding Flan- Building, 728 Fifteenth St. NW.. MEM. torneys for leave to omit exhibits from 1907, was allowed Dec. 15, 1907. By roe Court. to Claimant's Petition. nt’s EXxuIbit A. tember 15, 1900, between the United Co. and the United States, by the Chief Navy Department. for pump- 3 at New York Yard. 9, 1907, Court of Claims. tract No. 876. at Washington, D. C.. this en the United mn of New York, N. Y.. acting for Company, a corpora’ 2ow, New York, Navy Department, acting retary of the Navy, party of the second payments here- and in consideration of the of the second part as follows, viz: of the first part will provide, furnish, at the United States Navy he necessary materials, labor, tools, and and completion, in all respects. of a numbered three (3) at said navy yard, install the same within seven in strict accordance onditions and requirements of the plans and specifications appended hereto and forming a part of this con- 8 UNITED STATES Vs. UNITED ENGINEERING AND CONTRACTING CO, tract, for the sum of seventy-nine thousand four hundred and thirty- five dollars (S79.435.00). Second. The party of the first part further covenants and agrees to forever protect and defend the party of the second part in the full and free vse and enjoyment of any and all rights to any inven- tion, machine, or device which may be applied as a part of the work herein specified and contracted for, either in its construction or use after completion, against the demands of all persons whomsoever. Third. The party of the first part further agrees that if during the progress of the work it shall be deemed, by the party of the second part, necessary or desirable to make any changes or modifica- tions in the said plans and specifications, affecting the cost of the work to be done hereunder, said changes or modifications, and the amount of the inereased or diminished compensation to be paid the party of the first part in consequence thereof, shall be 15 stipulated and agreed to in writing by the parties to the con- tract before the work contemplated by such changes or modi- fications is begun: and such increased or diminished compensation shall, when exceeding $300, be assessed by a board of naval officers appointed for the purpose. and shall be based upon the actual cost. And this contract further witnesseth, Fourth. That the party of the second part, for and in considera- * tion of the foregoing, and for and in consideration of the faithful performance of this contract by the party of the first part. duly certified to by the inspecting officer appointed for that purpose, and the acceptance of the work as satisfactory on the part of the United States, do hereby covenant and agree, to and with the party of the first part, that there shall be paid to the said party of the first part, for the full and entire completion of the said pumping plant. the sum of seventy-nine thousand four hundred and thirty-five dollars ($79.435.00), upon approved bills certified and drawn in the usual manner, and payable through such navy pay office as the party of the first part may elect, within ten days after warrants for the same shall have been passed by the Secretary of the Treasury. in the fol- lowing manner, viz.. as provided in paragraph twenty-nine (29) of the specifications aforesaid. Fifth. It is mutually understood and agreed that no payment or allowance to said party of the first part will or shall be made by the United States for or on account of this contract, except those pay- ments herein specified, and that, when not otherwise specifically pro- vided, ten per cent. will be withheld from the amount of each of such payments as security for the full completion and performance of the covenants and agreements hereof by the said party of the first part, and that the final payment made hereunder shall include the amounts so withheld. Sixth. It is further mutually and expressly covenanted and 16 agreed, and this contract is upon the express condition that no Member of or Delegate to Congress, nor any officer of the _———— UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING co. g United States, naval, military, or civil, is. or shall be, admitted to any share or part of this contract or to any benefit to arise therefrom ; that any transfer of this contract, or of any interest therein, to any person or party by the said party of the first part, shall annul this contract so far as the United States are concerned ; that if said party of the first part shall fail or neglect in any respect to perform this contract or any part thereof as provided, it may at the option of the United States be declared null and void, without prejudice to the right of the United States to recover for defaults herein, or violations hereof, and for such default the United States may demand and recover of said party of the first part, as liquidated damages, a sum of money equal to the penalty of the bond attached to and forming a part of this contract. In witness whereof the said parties hereto have hereunto set their hands and seals the day and year first above written. Tur Unrrep ExGixbertine AND ContractinG CoMPANY, D. L. Hoven, President. [Seal The United Engineering and Contracting Company, city of New York, 189. | Attest: F. Woorry, -1ssf See. Tue Unrrep States, By Morpecat T. Expicorr. Chief of Bureau of Yards and Docks, Acting under the direction of the Secretary of the Navy. Signed and sealed in the presence of— Wa. M. Suiru, As to M. T. E. 7 (Copy.) H. Y. D. The United Engineering & Contracting Company. Consulting & Con- tracting Engineers, 1-21 Park Row. New York, September ith, 1909. Admiral Morvecar T. Expicott, Chief of Bureon of Yards and Docks, Navy Department, Washington, D.C. Sin: We have the honor to refer to our proposal, made this day, for providing and installing a pumping plant for Dry Dock No. 3 at the navy yard, New York, and to refer especially to paragraph No. 69 of that specification, under the terms of which we would say: We propose to attain the end sought for by the method outlined in a letter which we are informed is submitted to you by the General Electric Company. or by the use of some modification of such method as may be developed to be of equal or better ‘service (in ac- Aine. pe ete 10 UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. cordance with the views of your burean during the designing and construction of the apparatus which we furnish), should we be awarded the contract. Very respectfully, your obedient servants, Tur Unxeren Excineerine & Conrrverina Co. D. lL. Hoven, President. Sealed proposals endorsed “ Proposals for pumping plant ~ will be received at the Burean of Yards and Docks, Navy Department, Washington, until b o'clock September 8, 1900. and then and there publicly opened, for providing and installing a pumping plant for Dry Dock No. 3 at the navy yard, New York. For plans. specifica- tions, and forms of proposal address “ Commandant, Navy Yard, New York.” Morpecar T. Expieorr, Chief of Burean, Angust 9, 1900, | 1s Specification No. LOST. for a pumping plant for Dry Dock No. Sat the United States navy yard, New York, under appro priation “ Navy yard. Brooklyn, N.Y... pumping plant, Dry Dock No. 3. Act approved June 7, 1900, Cleneral conditions. 1. Intention. Tt is the declared and acknowledged intention and meaning to provide and secure a complete and substantial pumping plant, according to the general plans and specification, to the entire satisfaction of the Chief of the Burean of Yards and Docks and the civil engineer in charge. Any details omitted from either plans or specification, or from both, the performance of which is necessary to the construction, of which the civil engineer in charge shall be the judge. shall be supplied by the contractor as though fully de- seribed and shown, and withont additional expense to the Govern- ment. 2. Contract The contract to cover the work to be done will be based upon this specification, which will be attached to and form a part thereof. 3. Omissions and misdeseriptions.. The omission from the contract, or from the plans, specification, or other papers attached thereto and forming a part thereof, or the misdescription of any details of work, the proper performance of which is necessary to fully carry out the intention above expressed, shall not operate to release the contractor from performing such work, but the same shall be fully and properly performed in the same manner as though fully and correctly shown, described, and required in and by the contract, and withont expense to the United States in addition to the contract price. -— UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO, 11 4. Diserepancies. Should any discrepancy exist between plans and specification, or any parts of either, or should the 1 language of any part of the contract be ambiguous or doubt- ful. the civil engineer or other officer or agent of the United States in charge of the work chall decide as to the true intent and meaning. subject only to appeal to the Chief of the Burean of Yards and Docks. 5 Control of work. -The United States, hy its officer in charge of the work or other authorized representative, shall at all times have full control and direction of all werk under the contract, and all questions, disprites, er differences as to any part or detail thereof chall be decided: by such officer or representative, subject only to ap- peal to the Chief of the Burean of Yards and Docks. G. Faeilities. ‘The contractor will he allowed reasonable space at the site of the work and access to the same for receiving, handling, storing. and working material, but he shall confine both employees and material to the space assigned. Upon the completion of the work, and before final payment on accent of the same. the contractor shall remove all of his surplus material machinery. tools, ete., from the naval station. 4. Employees. “The contractor chall employ only competent, care- ful. orderly persons upon the work, and if, at any time, it shall appear to the officer in charge that any persen employed upon the work is incompetent, careless, reckless, or disorderly, or dhisebevs or evades orders or instructions, er shirks his duty, such person shall be immediately discharged from and net again employed pen the work. & Time of commencement of work. The contractor shall com- mence work immediately after the execution of the contract and continue without interruption, unless otherwise directed by the United States by its officer in charge of the work or other authorized representative, or otherwise hereinafter provided. 0. Delays and suspensions. The United States reserves the right to reasonably delay the commencement of the work, and to 20 suspend operations at any time and for any period. Should such delay or suspension cause a change in the cost of the work, such change shall be determined as provided in paragraph 17 of this specification. 10. Time of completion. The entire work shall be completed in every respect and particular within seven calendar months from the date of the contract. 11. Extension of time.—-Extension= of time for the completion of the work can only be allowed and made, in writing, by the Chief of the Bureau of Yards and Docks. Any and every extension of time must be specifically made and shall not be implied from any cause under any circumstances. 12. Damages for delay.—In case the work is not completed within the time specified in the contract, or the time allowed by the Chief of the Bureau of Yards and Docks under paragraph 11 of this speci- 12 UNITED STATES VS. UNITED ENGINEERING 4 ND CONTRACTING CO, fication, it is distinctly understood and agreed that deductions at the rate of $25 per day shall be made from the contract price for eacl and every calendar day after and exclusive of the date within which completion was required up to and including the date of completion and acceptance of the work, said sum being specifically agreed upon as the measure of damage to the United States by reason of delay in the completion of the work; and the contractor shall agree and consent that the contract price, reduced by the aggregate of damages so deducted, shall be accepted in full satisfaction for all work done under the contract. 13. Unavoidable delays.—Unavoidable delays are such as result from causes which are undoubtedly, or may reasonably be presumed to be, beyond the control of the contractor, such as acts of Providence, unusual storms, fires (not the result of negligence), fortuitous events, inevitable accidents, ete. Should the progress of the work be, or seem likely to be, delayed at any time by such causes, the contractor shall at once notify the officer in charge. in writing, of the occur- 21 rence, in order that a record of the same may be made. Should it be decided that the delay was unavoidable, a corresponding extension of time for the completion of the work may be allowed, but it is distinctly understood that should the contractor fail or neg- lect to notify the officer in charge as above provided, such omission shall be construed as a waiver of all claim and right to an extension of time for the completion of the work on account of such delay. 14. Avoidable delays.—Avoidable delays are such as result. from causes which the contractor might, by care, prudence, or foresight, have guarded against or prevented. Should the progress of the work be delayed at any time by such causes, the contractor distinctly and specifically agrees and consents that the amount of any and every expense to the United States, caused by such delay, may be deducted and withheld from any payment due or becoming due to him on account of the work, and that the contract price, reduced by such amount, shall be accepted by him as full compensation for the work done under the contract. 15. Progress of work.—If at any time the progress of the work shall, in the opinion of the officer in charge. appear to have been such as to indicate that the work is not likely to be completed within the time allowed, he shall report such opinion to the Chief of the Bureau of Yards and Docks, who may, in his discretion, declare the contract null and void, without prejudice to the right of the United States to recover for defaults or violations thereof. 16. Annulment of contract.—Should the contract for any reason be declared null and void, the contractor shall thereupon become indebted to the United States as for ascertained and liquidated dam- ages in a sum equal to the aggregate of all payments made to him on account of the contract, and undertakes and promises to refund the same to the United States on demand. And the contractor shall further agree that the United States may hold all material delivered and work done under the contract and all machinery, tools, ap- a - | UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. 13 22 pliances, ete., upon the site of the work or used in connection therewith pending the completion of the work covered by the contract. Upon the annulment of the contract, a board of officers, or other representatives of the United States, shall be appointed, which shall ascertain and determine the value of all material deliv- ered and work done, including a fair and reasonable margin of profit thereon, and upon the approval of the findings of said board by the Chief of the Bureau of Yards and Docks, he may proceed to complete the work according to the contract in such manner and by such means as he may deem advisable, and may, in his discretion, use or employ any material, tools, machinery, appliances, etc., belonging to or furnished by the contractor for use in connection with the work covered by the contract. Upon the completion of the work, should the total cost thereof exceed the contract price, the difference shall be charged to the contractor who undertakes and promises to pay the same upon demand; and the contractor shall be entitled to receive the amount found due by the board above mentioned, including any 10 per cent reservation from payments previously made, but no allowance shall be made for profit which the contractor might have made by completing the work, nor for any excess of the contract price over the total cost of the work. 17. Changes.—The United States reserves the right to make such reasonable changes in the contract, plan. or specification as may be deemed necessary or advisable by the Chief of the Bureau of Yards and Docks. Should any change in the contract. plans, or specification affect the cost of the work, the amount of the increase or decrease in cost shall be estimated by the officer in charge, and, if estimated to be more than $300, shall be determined by a board of not less than three oflicers to be appointed under the direction of the Chief of the Bureau of Yards and Docks: and the contractor shall agree and consent that the contract price, increased or decreased by the amount of the increase or decrease in cost caused by 23 any change, estimated or determined as specified, shall be accepted in full satisfaction for all work done under the con- tract : Provided, however, That any changes to be made shall, before being made, be stipulated and agreed to, in writing, by the parties to the contract. 18. Extras.—The contract price shall cover all expenses, of what- ever nature or description, connected with the work to be done under the contract. No allowance whatever will be made for additional or extra work or material except under the provisions of paragraph 17 of this specification. 19. Patents.—The contractor shall forever protect and defend the United States in the full and free use and enjoyment of any and all rights to any invention, machine, or device which may be applied as a part of the work, either in its construction or use after completion, against the demands of all persons whomsoever. 20. Contractor’s responsibility.—The contractor shall be respon- sible for the entire work and every part thereof, and for all tools, 14 UNITED STATES VS. UNITED ENGINFERING ANP CONTRACTING CO, apphances, and property of every description used in’ connection therewith. He shall specifically and distinctly assume all risks of damage or injury from any cause to property or persons used or em- ployed on or in connection with the work, and of all damage or injury to any person or property. wherever located, resulting from any action or operation under the contract or in connection with the work, and undertakes and promises to protect and defend the United States against all claims on account of any sueh damage or injury. 21. Contractor's supervision. The contractor shall give his per sonal attention to the work at all times. and shall be present. either in person or by a duly authorized representative, on the site of the work continually during its progress, to receive directions or instructions from the officer in charge. 22. Verbal modifications. It is distinetly understood that no verbal statement of any person whomsoever shall be allowed 24 in anv manner or degree to modify or otherwise affect the terms of this specification or of the contract for the work, Changes shall be made only and strietly acording to paragraph 17 of this specification. SPRATAL CONDITIONS, 23. Deseription and location. The work to be dene will consist of the erection, complete, ready for operation, of a pumping plant for Dry Dock No. 3. New York Navy Yard. and will include the construction of a well or chamber of the dimensions shown, located near the entrance of the dock: all necessary machinery as provided herein. including pumps, motors, piping. and connections, as shown on the plan. The chamber under the ends of the suction pipes must be sufficiently enlarged to admit of water flowing freely to the pipes, both old and new. 24. Work.—The contractor must furnish all engineering skill. all labor, skilled and common, all tools, machines. and materials to construct the same, and all labor, tools, and material required to make trials of the efficiency and sufficiency of any and all parts of the work. on completion. The entire work is to be carried on and completed in each and every detail in the most thorough, substantial, and workmanlike manner, according to the full intent and meaning of this specification and accompanying plans, to the entire satisfac- tion, approval, and acceptance of the civil engineer in charge, and of the Bureau of Yards and Docks. 25. Inspection.—The Government shall at all times, by the civil engineer in charge. have full and free access to the work in progress for the purpose of inspection. and all the work and material de- scribed in this specification and shown on the plans shall be executed to his entire satisfaction. All orders for material or finished work shall be endorsed “ Inspection by Burean of Yards and Docks, Navy Department.” The contractor or his agent shall promptly notify a UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO, 16 the civil engineer in charge and the Chief of the Bureau of yh Yards and Docks of the placing and location of orders for material or finished work, and shall, at the time of placing euch orders, forward to the bureau three copies of the same, and also three sets of all working drawings or other matter pertaining to the work, 26, Inspection at mills and) shops. The contractor or his agent shall promptly notify the Bureau of Yards and Docks, or its author- ized representatives, of the manufacture of materials in mills or finished work in shops. and of the readiness of the same for inspection and test. The bureau's inspectors shall be furnished by the contractor or his agents with copies of all orders. manifests. plans, or other data required by them for the complete inspection of mate- rial or finished work and shall be given every facility for inspecting all material and workmanship and all processes and operations affect- ing the material without additional charge. ‘The acceptance of mate- rial and workmarship is provisional on its compliance with the specification and plans: and should any material or workmanship prove defective at any time before final acceptance, it shall be rejected and at once replaced ina satisfactory manner by the contractor with- out additional cost. 97. Inspection during erection. During the work of reception and erection the civil engineer in charge shall have authority to cause any inferior or unsafe work to be taken down and altered at the contractor's expense: and it is distinetly understood that the civil engineer in charge shall have full power to reject any material he may deem unsuitable for the purpose intended or which is net in strict conformity to this specification. 98, Schedule of prices. After signing the contract. and before the first payment is due, the contractor will submit to the civil engi- neer in charge for approval a schedule of prices for material worked into place. 29, Payments. At the end of each month the civil engineer 26 in charge will make an estimate of the amount of work done under this specification during that month, based upon the approved schedule of prices. A voucher for this estimate will be submitted to the commandant for his approval. and after the ap- proval of the Chief of the Bureau of Yards and Docks the contractor will be paid the amount of the voucher, less 10 per cent reserved until the completion and acceptance of the plant. Before any payment is made the contractor shall furnish satisfactory insurance on the material for which payment is desired, with loss. if any. payable to the Chief of the Bureau of Yards and Docks for the United States. DATA. 30. Drawings.-The general design and details of construction are shown upon the plans which accompany this specification and are to be considered*a part of it. Before any work is done, the con- 93333—13——2 a 16 ~=UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING Co, tractor must furnish accurate drawings of all shop work and all details not here included. These must be approved, in writing, by the civil engineer in charge. Approval of drawings will be of a general nature and will not relieve the contractor from the respon- sibility for errors or omissions that may oceur therein, which shall be remedied and made good whenever discovered. These plans sub- mitted must show all details of steel and iron work, glass construe- tion, brick, cement, ete.. and when approved are to be considered an integral part of this specification. The contractor must furnish one full set of drawings upon tracing linen, the same to be retained in the office of the civil engineer at the New York Navy Yard. and as many prints of these drawings as may be required in the course of the work. Suggestions as to acceptable details can be obtained at the office of the civil engineer at the New York Navy Yard. Should a conflict exist between the plans and specification, the civil engineer in charge shall be the judge as to the true intent and meaning, sub- ject to appeal to the Chief of the Bureau of Yards and Docks. 27 31. Grades and lines.—All necessary grades and lines will be furnished by the civil engineer in charge. to enable the con- tractor definitely to locate the position and elevation of his structures, but he must furnish the required engineering skill to properly erect them. No work will be begun until the civil engineer in charge has definitely located all necessary points, but thereafter the contractor will be held responsible for them. Should any such be disturbed through carelessness. the cost of replacing the same will be charged against the contractor and be deducted from any money found due at final settlement. MATERIAL, 32. Round piles.—All piles are to be of spruce, at least 6 inches in diameter, exclusive of the bark. at the point: 12 inches, exclusive of the bark, 3 feet from the butt, and of sufficient length to show a final penetration not exceeding 1 inch under the last blow of a 3.000- pound hammer falling 15 feet. The piles must be entirely satisfactory to the civil engineer in charge. 33. Sheet piles.—Sheet piles are to be of long-leaf yellow pine, sound, free from all knots, except small sound knots. 6 feet from butt or driving end, which will be allowed; free from dope or soft spots and injurious shakes. Piles are to be beveled on contact sides to suit the radius of curvature; the piles shall be driven until a satisfactory depth shall have been reached, in the opinion of the civil engineer in charge, said depth, however, not to be less than 40 feet. 34. Sand.—All sand must be clean and sharp, of uniform texture, free from sewage, mud, clay, mica, paper, leaves, chips, and all other foreign matter, and not show, when shaken with water and after subsidence, more than 5 per cent, by volume, of silt. It must be specially freed from such material by screening and washing, if so ordered by the civil engineer in charge, and must be entirely satis- factory to him. — UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. 17 28 35. Gravel.—All gravel must be clean, sea-washed, silica gravel of best quality. It must not contain pebbles larger than 2 inches in greatest dimension, and none of it shall pass a screen hav- ing 100 meshes per square inch. It must be specially freed from all foreign material by screening and washing, if so ordered by the civil engineer in charge. The gravel must be entirely satisfactory to him. 36. Broken stone.—All broken stone used must be of granite, hard gneiss, or other material proved to be of good quality and acceptable to the civil engineer in charge. It must be of such size as to pass through a ring 2 inches in diameter and be held upon a ring one-half inch in diameter. It must consist of angular fragments of stone, and must be specially freed from all foreign materials by screening and washing. if so ordered by the civil engineer in charge. 37. Water.—All water used shall be fresh and clean, free from earth. dirt. or sewage. and shall be used in such quantity as the civil engineer in charge may direct. 38. Cement.—All cement used will be tested by the Government as soon as delivered, and only such will be accepted as conforms to the following specification: Except where otherwise specified, it must be the best grade slow-setting Portland cement. showing no change of volume in setting. and no warping, checking, or cracking of edges or curface. Neat briquettes must develop a tensile strength per square inch of 200 pounds in twenty-four hours and 550 pounds in seven days. The cement must be delivered long enough before time for use to allow of the required tests being made and acceptable cement pro- vided should the first prove unsatisfactory. It must be packed in strong, well-coopered barrels. lined with moisture-proof paper. weigh- ing at least 400 pounds, or in strong, cotton-duck bags holding one- fourth or one-third of a barrel by weight. The contractor must give n certificate from the manufacturers to the effect that the cement has been seasoned for at least thirty days before leaving the works. 29 39, Concrete.—All concrete must be made of cement, accept- able sand, and acceptable gravel or broken stone. The ingre- dients must be measured by volume in the condition ordinarily han- dled. These ingredients must be mixed in such proportions that the cement exceeds the voids in the sand about 25 per cent and the dry mixture of cement and sand exceeds the voids in the gravel or broken stone about 25 per cent. These proportions will be determined for the given articles of sand and gravel or stone used, and the proper proportions for use made known. With the materials commonly employed at the navy yard, New York, these proportions are about 1 to2 tod. The methods of mixing and placing the concrete must be acceptable to the civil engineer in charge, and will be constantly subject to inspection and change if found unsatisfactory. All un- satisfactory work must be removed and replaced by the contractor. 40. Bricks.—All bricks used will be best quality selected red, well and evenly burned, of uniform color and size. They must not absorb more than 10 per cent by weight of water. —_ 18 UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO, 41. Mortar—All mortar used must be mixed of sand and cement in the proportions ordered by the civil engineer in charge, depend- ing upon the character of the work. No cement mortar must be used after it has begun to set. 42. Glass.—All window glass used is to be first-quality double-thick American glass, free from irregularities and blisters, clear and true. Skylight glass must be }-inch ribbed glass, uniform and true. 43. Galvanized iron.—All galvanized iron used must be of the gauge shown upon the drawings. The black plate must be of soft open-hearth steel, and each sheet must be evenly and thoroughly coated, showing no imperfect or uncoated spots. Each sheet. in what- ever shape or position, must be thoroughly fastened to its supports, to the entire satisfaction of the civil engineer in charge. 30 44. Builders’ hardware. Builders’ hardware and fittings will be of first-quality bronze and satisfactory to the civil engineer in charge, to whom samples must be submitted before such articles are used, 45, Steel.—AIL structural steel will be made by the open-hearth or Bessemer process with not more than five one-hundredths of one per cent of phosphorus for basic steel, and not more than one-tenth of one per cent of phosphorus for acid steel. 46. All tests and inspection of steel will be made by a Government inspector at the place of manufacture before shipment. Every piece will bear the inspector's mark. 47. The tensile strength, limit of elasticity, and ductility shall be determined from standard test pieces, cut in the presence of the inspector from the finished material of each heat, and planed, milled, or turned parallel, and have a cross section of at least one-half square inch; and the elongation shall be measured upon an original length of 8 inches, except when the thickness of finished material is five-six- teenths of an inch or less, in which case the elongation shall be meas- ured in a length equal to sixteen times the thickness. Two test pieces shall be taken from each blow, one for tension and one for bending. 48. Finished bars, plates, and shapes must be free from injuries, seams, flaws, or cracks, and have a workmanlike finish. A variation in weight or cross section of more than 2} per cent from that specified will be sufficient cause for rejection. 49, The structural steel used (except for rivets) shall have an ulti- mate tensile strength of from 55,000 to 65,000 pounds per square inch; an elastic limit of one-half the ultimate strength, and a minimum elongation of 23 per cent in 8 inches, and must stand bending 180 degrees without sign of fracture, to a curve, the inner radius of which equals the thickness of the piece tested, both cold and after being heated to a cherry-red color, and then quenched in water of 60° F., and have a reduction in area of not less than 40 per cent at the point of fracture. 31 50. All rivets must be ef steel having an ultimate tensile strength of 52,000 to 62,000 pounds per square inch, an elastic oni — UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. 19 im limit of not less than 30,000 pounds per square inch, an elongation of not less than 25 per cent in 8 inches. with a reduction of area of not less than 50 per cent at point of fracture. It must stand bend- ing 180 degrees and close flat. upon itself without sign of fracture. Specimens must stand cold hammering to one-third the original thickness without flaying or cracking. 51. Rods in tension must have threaded ends upset, so that the diameter at the base of thread will be greater than that of the bar before upsetting. 32. The workmanship must be first class in every respect. Rivets must completely fill holes, have full heads of approved form, concen- trie with rivet, and in full contact with the surface. The rivet hole will not exceed the diameter of the rivet more than one-sixteenth of an inch, All holes must be clean-cut, without torn or ragged edges, or fracture of material. Rivet holes must be accurately spaced in order that the several members will come together without the use of driftpins, which will not be allowed for the purpose of bringing parts together when the holes are inaccurately punched, Where holes do not perfectly mateh they will be made to match by reaming, in which case a rivet of a larger diameter will be used, Built mem- bers when finished must be true and free from twists, kinks, buckles, or open joints between component pieces. All abutting surfaces of compression members must be planed or turned to even bearings so that they shall be in such contact throughout as may be obtained by such means. All field connections must be made by rivets. 33. Paint.—All -teel work, immediately on completion and before exposure tothe weather, shall be cleaned from all mill scale. rust.grease, dirt. and foreign matter by scraping. hammering. and brushing 32 with wire brushes, and to the catisfaction of the officer in charge, and given one coat of pure red lead in pure raw linseed oil, freshly mixed before application, in the proportion of 25 pounds of lead to 1 gallon of oil. Contact surfaces shall be cleaned as above and each shall receive one coat of the above mixture of lead and oil before assembling. After the steel work is erected, all surfaces that will be covered by walls or floors shall receive a thick coat of pure asphaltum.applied hot. All other surfaces of steel work, not otherwise specified, shall receive two coats of Dixon's siliea graphite paint No. 9 delivered at the building site in original packages and applied without addition of other materials, or a paint composed of graphite, pure linseed oil, and driers in proportions to make a paint equal in quality thereto and approved by the civil engineer in charge. All exposed steel shall receive two coats of pure white lead in linseed oil, tinted as directed. AIL surfaces of architectural iron requiring the same. in the opinion of the civil engineer in charge, shall receive two coats of approved paint after erection. 4. Protection of material—All material used in the construction must be delivered upon the ground ina condition for thorough inspec- tion. It must be properly protected from the weather and from injury, to the satisfaction of the civil engineer in charge. Any 20 UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO, injured material must be immediately removed and replaced with satisfactory material. PUMPING PLANT. 55. The general arrangement of machinery and appliances consti- tuting the pumping plant are shown on the accompanying plan. Slight variations due to details of machinery accepted may be made by the civil engineer in charge. 56. Pump well.—There will be a continuous row of tongued and grooved sheet piling completely surrounding the pump well. 33 These piles must be driven between guide wales, cut to proper curvature, and properly bolted to a sufficient number of guide piles. Bearing piles must be driven in the location shown, properly cut off, and covered with concrete, forming the bottom of the pump well, Upon this foundation must be constructed the brick wall in the manner shown, The outside of the wall must be thoroughly plastered with cement mortar and the space between the wall and sheet piling filled with clay puddle, so placed as to be impervious to water, The inside courses of the wall must be laid in properly colored mortar and have two coats of linseed oil applied. The pump house will be floored over with steel girders, beams, and concrete arches; the concrete filling over arches will extend above the floor beams 3 inches, well rammed and troweled. Over this concrete deck will be laid, in the very best manner known to the trade, a 1-inch coating of Kosmocrete or granolithic covering. The concrete floor in the pump house will be overlaid with a 1l-inch coating of Kosmo- crete. A waterproof ventilator is to be installed as shown. An entrance house of steel frame with corrugated galvanized steel cover- ing will be constructed in the very best manner and of the very best material and workmanship, as shown on the plan. Two steel chan- nels will form the stair stringers, and 12-inch channels will form the treads for the stairway. Treads are to be secured with three rivets at each end to 3 by 25 by ;y inch angle clips. A galvanized iron rail- ing will be put up around stair well hole and on the outside of the stairway: well fastened. 57. Pumps.—The capacity of the pumping plant operating at its average safe efficiency shall not be less than 150,000 gallons per minute. 58. There will be three main pumps of the vertical centrifugal type, directly connected to three independent electric motors by suitable couplings. Each pump shall have an average capacity of not less than 50,000 gallons per minute, and shall be of a nominal size of not less than 42 inches. 59, The pumps shall have balanced suction pipes. and the 34 pump cases shall not be less than 1} inches thick, suitably ribbed and braced and pointed in such manner as to admit of easy erection and taking down for examination and repairs. The shafts shall be of forged steel, fitted with proper high-speed bearings i UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. 21 and stuffing boxes. The suction elbows are to be made in halves, to provide for removal in case repairs are necessary. The suction and discharge pipes shall be made of steel plates not less than one- half inch in thickness. and the discharge pipe shall be of not less than 45 inches internal diameter. All piping shall be fitted with suit- able gate valves located inside the pump-house wall where directed. The valves shall have double gates fitted with bronze faces and seats, and with bronzed fitted stems and stuffing boxes, made to operate hydraulically and by hand power. GO. There will be one drainage pump of the vertical centrifugal tvpe clirect connected to an independent electric motor by a suitable coupling. It shall have an average capacity of not less than 6,000 gallons per minute. 61. The drainage pump shall have balanced suction pipes, and the pump case shall not be less than three-fourths of an inch thick, suitably ribbed, braced, and jointed in such manner as to admit of easy erection and taking down for examination and repairs. The suction and discharge pipes shall be made of steel plates not less than three-eights of an inch thick, and the discharge pipe shall not be less than 16 inches internal diameter. The drainage pump and piping shall be fitted and equipped ina similar and corresponding manner to the main pumps and piping. 62. An auxiliary pump of a make and type approved by the civil engineer in charge and operated by an electric motor shall be in- stalled in the pump well and arranged for draining the suction well, operating valves. and priming the centrifugal pumps with fresh and salt water from yard system and overboard, with valves, piping, ete. 63. The auxiliary pump shall have a maximum capacity of not less than 75 gallons per minute. Its discharge shall 35 connect with a main discharge pipe outside the gate valve, and all its connection pipes shall have suitable stop valves near the outlets. For the purpose of collecting drainage water a well, ° feet in diameter and 2 feet 6 inches deep. will be formed in the bottom concrete; said well to be in the lowest part and to have a 3-inch plank covering over it. 64. Air pump.—A suitable air pump must be installed direct con- nected to a proper motor, for priming all pumps. The same must be approved by the civil engineer in charge. 6d. Ventilating fan.—The contractor will furnish and put in place. as may be directed, an acceptable exhaust: fan, direct connected to a proper motor, with all necessary piping for ventilating pump pit. (4. Motors.—The design, material. workmanship, and finish of all electrical machinery and appliances must be equal to the best quality of similar machinery and appliances made by the Westing- house Electric and General Electric Manufacturing Companies. 67. Main pump motors are to be wound for a constant potential of 500 volts, direct current, to be of the open type, multipoler, with 22) UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO, a field coi! for each magnetic pole. Field frame is to be east in two parts, for ready separation in ease of repairs. Field coils are to he interchangeable, and. if componnd wonnd. series and shunt coils are to be separate, Armatures sre to be built up of thin sheet step] and slotted for the enils. They must be well ventilated and perfectly balanced. Armatnre coils are te be ba reowornd and are to be insulated in the most perfect manner pessible in order te obtain a motor which will be proof against dampness. Armatures sre to he two-cirenit or cross connected, so that a brush ean be removed for cleaning or inspection withont disturbing the electrical balance. Commnitators must be large so as to give » small potential difference between adja cent segments: they must have sufficient neck se that connections will he above the brush surface. Brushes are to be carbon and are Be not to exceed in density 30 amperes per sqnare ineh. Brush holders are to be fitted with , a ‘ ti i " i . F “a a? > , ° " al ’ . e “ , , ’ ‘ , . et ° : ‘ heat " ‘ i he | ’ a? * ‘ t ° , . rv . ~¢ * ' - .3 ‘ yat . ; ’ ‘ ‘ ’ ow P at t ‘ fe 7 g . pare a ’ s . . . 7 - 4 ad , ? . f*}~4 ™ ter beset ; . ss ' - Weer » ~«wwerrrer " 3 vw , , aot , oo . ‘ — nT } PP j . —_ - ' tatenia ” ’ att ad nat net ‘ ce ' . ve at : 7s) : + ae- oe ‘ ox? . . | wire > P rs ‘ " ' €TILet iti Cher none +1 t ’ hes 24 u f Orr2 Y ah: at: ’ o TRIPP AVATER VE PSI PROP hehe ANT Ones Pare ee be wi Tis tahini ite Died the etait netina ted nn eee TTL with Che gelation: ad efanelond of the Fine Didone titer Noennia Fiesty, cotvel we ene peevela fee prprienee eapeby tite Pree thee pened grein, it} wae peapineedd Fay Clie empetinn fe etn gee te Fivenriody tthe bergen eden at thre eebehitisserad veved anf Bey ore aay The nyptne Vivegy Cheeni Pree be Wat chee teehee re ratlead Pree sopeedece Chee combine tee Obie cnteteaes Chen pene Title Bee prveebeperber that, ao the crt potree tebe frig prepbete coped copbvetereebiel a se prlene tes bee rypierateel he ther tebe tbe. thr cher nf thie ce tee ad He Helene Fey tered thy riper teenes ry P Ober terete seper be Ohya wroug sevteelitiesnye vypnetdeenneed tee peeeageragihee 07 Ptr) eer) Me a WWics cones vnnvend eles Gee eagep eon ce dt Dy PPebe rorvpetrcent prety one bbe Heeb ipepes bree that the ctve ab ware poverperseneed dey bie Cone eetedeerd bee thee ple teeret eet core nee prety fesvavetty wate thee ota ndaeed af thee | ee ee Scr deebireee ever wervalel Tye Premes eller tice Bren thee prree pores TO oeeed cee ctebvetenee biel peged Anrabl oe the hevegree orem nteed Pee Ch Pree Be ea en tMeteebe thee e bee erercr ey? po ett et bead Ger terrence Chee tbeeeee Vivchagre ty bee peepee Poser innge Chee rerppet erred aren cP bbe pererer genera plan yey OD tediee PONE eo cet Pree thy eee Vorrerdenegs LO theepe ree pee cared oavy vned bees oy Ober eb mates teen cvpeee 0p Femabs mabng cgobeery cerry ae om | addy Ghee ce ten qe cote 16 thee abe oF BRorsrcde logs oped bbe cet Pree we cold wate cy cteey Deetesegrenege fee thre pees eed abby beebhe ovk mr bere Py systome of cupply tn the mace 4 pel go pergeeteeed bry thee cerbraeet. thre eloped © Sy oben of per neentegy thy petepeepe ep thy pereerepy webb erga feety neelerl The prreccure of theo reepertice yaborne wae aebyjpaet bey cepedele te tobe beets five fine preve prerce tt thy att cote fPoetargs af fa] try yg ceca bieny of pace ab Eaten cee thy for I, eotes otanes Pre cate prety wee Tin the pyserned dy ced Ode derbee Tird the cryhente rf thrarty prrget Ney | rong a ypoord of clatmrant ic parting Sostere Foeseced coer op pecreht cef oerchebagy prpae sate comnmood bie the Crecennent te one ce the cithee of carl watap eyetenie weblyd metre te the eboirermtet oped oebbeet phe fvivht *% Phe clasmant amediatele re pared soirl bresk. veel te, Prveocralh weotelonte of sy Jilee peterne toy Prevtrvce privced a porbucie g valves in sail pretbetiige & volo Nabe ithetoncding this prreesribitre Pre alten rf lbonpenpe No ¥ wee cubcequenthy broken by bike presenre in One sy the other of col water eetome Claimant itmmerhatelo reps par} his brenk. the cost of all which to the claunmant was 8699.9 The CGiovernment contends that under paragraph 74 of the oper Seations the clarannt Pers poeedy ible for the entire work ancl aver? pu rt thereof, and for all tools. applances, and property? of avery cla. rei ption used in connection therewith tnd further if is fherarvt seeded that the claunant ° shall specifically and distinetiy assning il nicks of damage or input from any canse to propert Y cerns * = i ‘ ] and to protect and defend the fo niter)] States against all tases on account of any such damage or injur We do not think the construction conter decd) for Sv fhe trovern- nent ie well founded, as here the findings show that tre oreaks foam he sodden pressure were caused by the Government withont aotica — 58 UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING co. to the claimant and without its fault. The difficulties thus encoun- tered were not such as claimant in the performance of its contract was bound to assume. The claimant had not agreed to assume the risks which the Gov- ernment might impose by acts not contemplated when the contract was entered into, and for these reasons the claimant is entitled to recover on this item the amount so expended, $699.97. Replacing broken valve-——During the progress of the work the Government, on its own account, installed in the pump pit an elee- trical heater so near the valve therein that thereby the same became heated, and while in this condition and during a high tide and a western storm in conjunction, the caisson of Dry Dock No. 3 was in danger, and as a precautionary measure the engineer in charge caused said dry dock to be partially flooded to equalize the pressure on said caisson, thus filling the suction pipe leading to the valve with cold water, causing the same to crack, to replace which the claimant expended the sum of S604. The Government contends that it was the duty of the claimant to have made provision against expansion and contraction caused by changes in temperature, though the contract makes no provision therefor. This contention may be well founded as to ordinary changes in temperature causing expansion and contraction, but not to such extraordinary changes caused by the action of the Government. That is to say, the failure of the claimant to make provision against such extraordinary changes can not be construed as the omission of a detail the performance of which was essential to carry out the incen- tion of the parties. Nor can the difficulty resulting from such omis- sion be considered as one of the risks which the claimant was to assume in the performance of its contract. Flooding the pit to equalize the pressure on the caisson caused by the Government in- stalling on its own account an electrical heater in the pump pit, whereby the claimant was damaged, can not be regarded as a risk which the claimant assumed or which was in contemplation by the parties when the contract was entered into. Therefore the claimant is entitled to recover on this item the sum of $604. Renovating electrical machinery.—The electrical machinery was delivered at the navy yard some time prior to May, 1903, when 17 the work was being delayed by the Government. but the same could not be installed because the pumps were not in place. The installation of the pumps was delayed for about 11 months after May 1, 1903, because the claimant’s subcontractor was unable to get certain castings necessary for the installation of the pumps. During most of the period of delay the electrical machinery was stored by the claimant under a shed covered with weather or tar paper, which was not sufficient to protect said machinery from the elements, and it became rusted. As a result of inefficient storage, for which the Government was not responsible, the claimant was required by the engineer in charge to overhaul and renovate the machinery before installing the same. UNITED STATES VS, UNITED ENGINEERING AND CONTRACTING CO. 59 The Government contends, and we think rightly, that the delay in installing the machinery was not due to the delay of the Government when the machinery was delivered at the yard, but was due to the failure of the claimant’s subcontractor in getting ready the castings necessary for the installation. Furthermore, the renovation of the machinery was not made necessary by the delay of either party, but was from insufficient storage or housing by the claimant, for which the Government was not responsible. The requirement of the engineer in charge that the claimant over- haul and renovate the machinery to the extent it did before installing sume may have been unreasonable, but under the findings we are unable to reach the conclusion that the expense to which the claimant was put was caused by the Government. On the contrary, had the claimant exercised reasonable care in protecting the machinery from the weather, as by paragraph 54 of the specifications he was bound to do, the same would have been in good condition when ready for installation. By paragraph 66 of the specifications the claimant had agreed that “the design, material, workmanship, and finish of all electrical machinery and appliances must be equal to the best quality of similar machinery and appliances made by the Westinghouse Elec- tric and General Electric Manufacturing Companies.” To meet this requirement, in the opinion of the engineer in charge, it -was nec- essary to overhaul and renovate the machinery so found to have been rusted from exposure to the weather. For these reasons the claimant is not entitled to recover on this item. It follows from what we have said that the defendant’s motion for a new trial must be overruled. The motion to amend findings is allowed in part and overruled in part, but the former findings of fact and opinion are withdrawn and modified findings and opinion are this day filed nune pro tune as of May 13, 1912, the judgment as then entered to stand. Howry, J.. was not present when this case was tried and took no part in the decision. 78 VI—Judgment of the court. Filed May 13, 1912. Tue Unrrep ENGINEERING AND CONTRACTING COMPANY vs. No. 30072. Tue UnNIrep States. At a Court of Claims held in the city of Washington on the 13th day of May, 1912, judgment was ordered to be entered as follows: The court, on due consideration of the premises, find for the claim- ant, and do order, adjudge, and decree that the claimant, the United Engineering and Contracting Company, do have and recover of and from the United States the sum of eighteen thousand eight hundred and fifteen dollars and seventy-seven cents ($18,815.77). By Tue Cowrt. _—— 60 UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING co. 79 VII.—Defendants’ motion to amend findings of fact and for a new trial. Filed July 19, 1912. Defendants’ motion to amend the findings of fact and for a new Come now the defendants, by their Attorney General, and move the court to amend the findings of fact and for a new trial, alleging as grounds therefor error of fact, as more particularly set out in and by the amendments to the findings hereinafter set forth and error of law in the conclusion of law and judgment of the court. as here- inafter specified. ERROR OF FACT. z. Finding X.—Item 4 (p. 4). Strike out the phrase, “in accordance with the custom of the trade.” in the first sentence of said finding. Insert at the end of the first sentence of said finding the fol- lowing: “It was not the custom of the trade for manufacturers of 80 valves to furnish gear casing for the same, in the absence of a special requirement in the specifications therefor.” Ras- muson, qs. 12 and 13, p. 265; xq. 25, p. 267; Hough, q. 42, p. 240. “It is and was customary in the installation of machinery involv- ing danger to life or limb to cover the gearing or other dangerous parts thereof with a casing or other means of protection.” Allen, q. 20, p. 303, 304: Hollyday, par. 7, p. 214: Rasmuson, xq. 24, p. 266: Hough, qs. 38, 42, pp. 239, 240. Insert. after the word “ were.” at the beginning of the fourth line of said finding, the following: “Intended by claimant to be” Insert. at the end of said sentence, the following: “ But this scheme was abandoned by claimant before the plant was ready for test, whereupon it became necessary for a workman or workmen to be stationed in close proximity te said valves during their operation, and in addition thereto the defendants built a plank walk across the top of the pipes in the pumping plant for the pur- pose of facilitating the movements of the workmen in going to and from said valves. In passing along this walk and in attending the valves during their operation the workmen were brought into close proximity with the same.” Bellinger, qs. 29-36, p. 323; Allen, qs. 17-20, p. 303; Hough, letter of October 10, 1904, p. 177. Strike out the third sentence in said finding, beginning with the words “after the plant” and ending with the word “ workmen,” followed by a semicolon. — UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. 61 $1 Item 5 (p. 5). Strike out the clause, “of which defective piles the Government had knowledge through its engineering officers, but gave no other or further information to the claimant than that stated,” which occurs about the middle of the paragraph. Item 12 (p. 6). Insert after the word “ trade.” in line 7, the following: “ of build- ing wiring.” Strike out the clause. “ which would have been effective for use underground as well as overhead,” which occurs near the middle of said paragraph. Ingram, qs. 21-24, p. 334; Hill q. 18, pp. 315, 316; q. 22, p. 317; xq. 3, p. 318; rdqs. 5 and 6, p. 319. Add the following paragraph: “ Where electric current is to be conducted in closely confined con- duits or in well or pits where the air can not circulate freely, the wire conducting the same must be larger than for building wiring, where the air can circulate freely, to protect the insulation from being destroyed by overheating. “ The operation of the motors in the pump well, where the wires connecting them with the switchboard were located would raise the temperature of the surrounding atmosphere to a much higher degree than the outside air. It was therefore necessary to have wires from two to two and a half times as large as those proposed to be 82 furnished by claimant to safely conduct the required current.” Ingram, qs. 22-36, pp. 334, 335; Hill, q. 16, p. 316; Gustafson, q. 15, p. 262. Finding XI.—Breakage in drain pipes (p. 6.) Strike out the clause, “and to excessive use at times of the fresh- water system for city purposes,” in the last line of said finding, and insert in lieu thereof the following: “And by reason of the fact that at certain times in the day and on certain occasions in the week there was a cessation of the use of large amounts of water from the city fresh-water system.” Hough, qs. 67, 68, p. 247, xq. 122, p. 254; Claims, par. 2, p. 222. Strike out the clause, “ caused by the Government in one or the other of said water systems without notice to the claimant and with- out its fault.” at the end of the first sentence of the second para- graph of said finding, and insert in lieu thereof the following: “In the fresh-water system.” Hough, xq. 122, p. 254. II. ERROR OF LAW. The court erred— First, because on the facts stated in the eighth finding of fact judgment should have been rendered for the defendants instead of ee | 62 UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO, the claimant: second, because the judgment of the court on item 4 of the tenth finding of fact is contrary to the law and the evidence 83 in the case; third, because the judgment of the court on item 12 of Finding X is contrary to the law and the evidence in the case; fourth, because the judgment of the court on Finding XI is contrary to the law and the evidence in the case. Joun Q. THompson, Assistant Attorney General. Pure M. Asurorp, .1ftorney. 84 VIII.—Order filed November 11, 1912. The defendants’ motion for a new trial is overruled. Defendants’ motion to amend findings is allowed in part and over- ruled in part. Former findings and opinion withdrawn and a modified findings and opinion this day filed nune pro tune as of May 13, 1912. Judgment as entered May 13, 1912, to stand. By tue Court. 85 IX.—A pplication for, and allowance of, appeal. From the judgment rendered in the above-entitled cause on the llth day of November, 1912, in favor of claimant, the defendants, by their Attorney General, on the 12th day of Nov., 1912, make application for, and give notice of, an appeal to the Supreme Court of the United States. Joun Q. THompson, Assistant Attorney General. P. M. A. Filed Nov. 12, 1912. Ordered: That the above appeal be allowed as prayed for. Nov. 12, 1912. By rue Court. 86 In the Court of Claims. Tue Unirep ENGINEERING AND CONTRACTING COMPANY vs. No. 30072. Tue Untrep States. I, John Randolph. assistant clerk of the Court of Claims, hereby certify that the foregoing are true transcripts of the pleadings in the above-entitled cause: of the findings of fact and conclusion of law. and opinion of the court; of the judgment of the court; of the motions of the defendants for a new trial and for amendment of the findings of fact and of the order of the court thereon: of the em UNITED STATES VS. UNITED ENGINEERING AND CONTRACTING CO. 63 application for allowance of appeal to the Supreme Court of the United States and allowance of same. In testimony whereof I have hereunto set my hand and affixed the seal of said Court of Claims at Washington, D. C., this 19th day of November, A. D. 1912. [ SEAL. | Joun Ranpoiren, Assistant Clerk Court of Claims. (Indorsed on cover: File No. 23427. Court of Claims. Term No. siz. The United States, appellant, vs. The United Engineering and Contracting Company. Filed November 22d, 1912. File No. 23427. O N3523—138——_5 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386002_0322%3A1. Public record. Not legal advice.