Transcript of Record — Smoot v. United States
Supreme Court brief1915
Ask Donna
What actually matters in this document.
Text
(23,765)
SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1914.|
No. 208.
LEWIS E. SMOOT, APPELLANT,
‘ v8,
q THE UNITED STATES.
APPEAL FROM THE COURT OF CLAIMS.
2 NE GUNNER, . o 65s cvcccccccccsagsonsccusseusebensess 1
Exhibit A—Advertisement for bids, &c..............s.24- 6
a Exhibit B—letter, Leack to Smoot, February 7, 1905..... 84
nn as c55 a p'n'ays 6 eS ROD ONS EEE Ss SN eee wee Kaen 87
rnaid Joi svishsndvadneths suetssusseodacuuusaane 90
© Argument and submission of case..........00.-.ccseeeeeeeees 91
= Findings of fact and conclusion of law and opinion........... 92
. BRET RES Bae EEE EEE CEE Pr ee OT 102
© Application for and allowance of appeal.............ceseeee- 103
OF
a
- Jovp & DeTWEeILer (INnc.), PRINTERS, WASHINGTON, D. C., January 18, 1915.
a
, LEWIS E. SMOOT VS. THE UNITED STATES,
1 I. Petition and Exhibits. Filed Dec. 1, 1906.
In the Court of Claims.
No. 29903.
Lewis E. Smoor.
vs.
Tue Unirep Srares.
To the Honorable Chief Justice and the Associate Justices of the
Court of Claims:
The petition of Lewis K, Smoot respectfully represents:
1. That he is a native citizen of the United States and a resident
of the District of Columbia and this claim is made in his own right
and arises out of contracts entered into by the defendant, the United
States, with this petitioner as hereinafter more particularly set
forth.
2. That heretofore, to wit, on the fourth day of April, 1903, the
defendant entered into a.contract with the petitioner through its
agent and representative, Lieut. Col. A. M. Miller of the Corps of
Engineers of the United States Army, duly authorized in that regard,
wherein and whereby it was stipulated and agreed that the peti-
tioner should furnish to the defendant, among other things, one
hundred and forty thousand, twe hundred cubic yards more or less
of filter sand to be delivered and put in place in the filteration beds
constructed under the authority of the defendant for the
2 filtration plant established by the United States for the pur-
pose of filtering the water supplied by the Washington Aque-
duct for the city of Washington and District of Columbia, the de-
fendant agreeing to pay therefor the sum of two dollars and sixty-
five cents per cubic yard.
3. By the terms of said contract the engineer officer in charge of
the work was authorized to make alterations or changes in the quan-
tity and quality of the work and materials to be provided by the con-
tractor either before or after the commencement of construction and
in case of such changes the same were required to be ordered in
writing by the engineer officer in charge and if the amount of work
should be increased, such increase should be paid for according to
the quantity actually done and at the price established by the con-
tract
4. Your petitioner further shows that on, to wit, February 17,
1905, after petitioner had entered upon the performance of the
contract and had furnished a part of the sand thereby required,
Lieut. Col. Smith S. Leach, of the Corps of Engineers, United States
Army, in charge of the said works, in behalf of the United States,
by an agreement in writing, ordered and directed this petitioner to
supply certain quantities of said filter sand in addition to that already
1—208
2 LEWIS E. SMOOT VS. THE UNITED STATES.
furnished, which quantity exceeded in amount the quantity stip-
ulated in said contract, sch excess amounting to thirty-four thou-
sand and thirty cubic yards,
5. Petitioner further shows that in and by said written direction
the said Lieutenant Colonel Leach notified this petitioner that the
requirement to furnish such extra quantity of sand would be rig.
orously exacted of the petitioner as a minimum, and any failure on
the part of the petitioner to supply the quantity so ordered would
be considered by him as sufficient cause for the exercise of the right
reserved to the United States in paragraph 37 of the specifi-
3 cations of the contract and of the discretion given to him, said
Leach, in paragraph 39 of the said specifications and the right
conferred upon him by paragraph 41 of the specifications of said
contract,
6. Paragraph 37 of said specifications referred to in the said order
of Colonel Leach reserved to the United States the right to purchase
materials in the open market in case of default on the part of the
contractor or delay on his part in furnishing and delivering the same,
authorizing any increase of cost over that stipulated in the contraet
to be deducted from the payments due or to become due the con-
tractor; paragraph 39 of said specifications authorizes the engineer
officer in charge of said work, in his discretion, to suspend month]
payments to the contractor if, in the judgment of joo 8 engineer of-
ficer, the contractor is not making the progress required in the de
livery of materials; seg im 41 of said specifications gave to the
engineer officer in charge the authority, in the event that satisfae-
tory progress was not being made in the delivery of the materials’
as required by said officer, to annul the contract and take possession
of and use all materials, animals, machinery, implements and tools
of every description belonging to the contractor or found upon the
work at such rental valuation as such officer in charge should decide
to be reasonable.
7. Petitioner further shows that in pursuance of said written order
of February 17, 1905, and under impulsion and threats of enforce-
ment of the penalties of said contract in the event of the failure to
supply such additional material this petitioner provided additional
plant consisting of machinery, tools, animals and other implements
at a large cost, to wit, more than fifteen thousand dollars and also
purchased additiona! land from which to excavate the required addi-
tional quantity of sand and set about the compliance of the
4 said order of February 17, 1905, doing and performing in
that regard all things proper and necessary to supply not only
the sand stipulated to be furnished under the original contract but
the increased quantity so ordered within the time and in the man-
ner specified in said order of February 17, 1905.
8. Petitioner further shows that thereafter, to wit, on the 29th
day of May, 1905, while this retitioner was envaced in fulfilling his
said contract and the said order of February 17, 1995, according to
their respective terms, the oflicer in charge of said work and repre-
senting the defendant United States witnout right and without no-
tice to this petitioner and without his consent and against peti-
LEWIS E. 8SMOOT YS. THE UNITED STATES. 3
tioner’s protest reduced the quantity of additional sand uired by
the said order of February 17, 1905, by the amount of 16,505 cubic
yards, and although this petitioner tendered himself ready to fulfil
said contract and order of February 17, 1905, to supply and deliver
all of the sand required to be furnished by said order, yet the said
officer in charge refused to receive the same to the great damage and
injury of petitioner.
9. Petitioner further shows that by reason of the failure and re-
fusal of the defendant to accept the whole of the additional quantity
of sand provided for in the said order of February 17, 1905, the pe-
titioner lost the profit which he otherwise would have realized had
he been permitted to supply the whole of the sand provided for in
said order amounting to the sum of, to wit, $27,728.40 and further
was damaged in the sum of, to wit, $15,459.64, the amount of ex-
penditure required to be made by him to provide the additional plant,
machinery, tools, etc., required to be and which actually were pro-
vided by petitioner in order to fulfill said order of February 17
1905, and to supply the additional quantity of sand therein order
within the time therein specified.
10. Petitioner further shows that no assignment or transfer of the
said claim or of any part thereof or of any interest therein
5 has ever been made by this petitioner, and that this i-
tioner is justly entitled to the amount herein claimed from
the United States after allowing all just credits and offsets.
11. Petitioner further shows that a true copy of said contract
with the United States of April 4th, 1903, and of the said written
agreement, direction and orders of February 17, 1905, are hereto
attached, marked “Exhibit A” and “Exhibit B” respectively, which
it is prayed may be taken and read as a part hereof.
12. Petitioner therefore prays judgment against the United States
for the sum of $27,728.40 with interest thereon from the first day
of November 1905, the amount of the profits which petitioner would
have realized had he been permitted to supply the whole quantity
of filter sand as ordered on February 17, 1905; and for the sum of
$15,459.64, the amount of the expenditures necessarily made by pe-
titioner to carry out the requirements for the extra quantity of sand
required by the said order of February 17, 1905, with interest
thereon from the first day of June 1905.
LEWIS E. SMOOT.
WM. G. JOHNSON
Attorney for Claimant.
District or CoLUMBIA, 8s:
On this 16th day of October, A. D. 1906, personally appeared
before me Lewis E. Smoot, and made oath that he had read the afore-
going petition, by him subscribed, and knew the contents thereof,
and that the facts therein stated on his personal knowledge are true
oct the facts therein stated upon information and belief he believes
true.
4 LEWIS E. SMOOT VS. THE UNITED STATES.
Witness my hand and notarial seal this sixteenth day of Octooer,
A. D. 1906.
OSCAR LUCKETT,
[NOTARIAL SEAL. | Notary Public D. C.
6 “Exureit A.”
Form 18a.
Advertisement.
Office Washington Aqueduct, 2728 Pennsylvania Avenue.
Wasuinoton, D. C., March 19, 1903.
Sealed proposals for 880,000 cu. yds. Excavation, 111,200 eu.
yds. Concrete Masonry, furnishing and placing 1,100 tons Cast-
iron Pipe and Specials, 3,000 lin. feet Riveted Steel Pipe, 140,200
cu. yds. Filter Sand, 42,300 cu. yds. Filter Gravel, 91,000 lin.
feet Glazed Vitrified Pipe (all more or less), and Exterior Drain-
age System, will be received here until 12 m., March 31, 1903, and
then publicly opened. Information on application.
A. M. MILLER,
L’t Col. Eng’rs
Specifications.
General Instructions for Bidders.
1. The attention of bidders is especially invited to the Acts of
Congress approved February 26, 1885, and February 23, 1887, as
printed in vol. 23, page 332, and vol. 24, page 414, United States
Statutes at Large, which prohibit the importation of foreigners and
aliens, under contract or agreement, to perform labor in the United
States or Territories or the District of Columbia.
2. Preference will be given to articles or materials of domestic
production, conditions of quality and price being equal, including
in the price of foreign articles the duty thereon.
3. No proposal will be considered unless accompanied by a guar-
anty, which should be in manner and form as directed in these
instructions.
7 4. All bids and guaranties must be made in duplicate
upon printed forms to be obtained at this office.
5. The guaranty attached to each copy of the bid must be signed
by an authorized surety company, or by two responsible guarantors,
to be certified as good and sufficient guarantors by a Judge or clerk
of a United States Court, United States District Attorney, United
States Commissioner, or Judge or clerk of a State court of record,
with the seal of said court attached.
6. A firm as such will not be accepted as surety, nor a partner for
a copartner or firm of which he isa member. Stockholders who are
LEWIS E. SMOOT YS. THE UNITED STATES. 5
not officers of a corporation may be accepted as sureties for such
corporation. Sureties, if individuals, must be citizens of the United
States.
7, When the principal, a guarantor, or a surety is an individual,
his signature to a guaranty or bond shall have affixed to it an ad-
hesive seal. Corporate seals will be affixed by corporations, whether
principals or sureties. All signatures to proposals, guaranties, con-
tracts, and bonds should be written out in full, and each signature
to guaranties, contracts, and bonds should be attested by at least
one witness, and, when practicable, by a separate witness to each
signature.
8. Each guarantor will justify in a sum of fifteen per cent of the
amount covered by the proposals. The liability of the guarantors
and bidder is determined by the Act of March 3, 1883, 22 Statutes,
487, Chap. 120, and is expressed in the guaranty attached to the
bid.
9. A proposal by a person who affixes to his signature the word
“president,” “secretary,” “agent,” or other designation, without dis-
3 samen his principal, is the proposal of the individual. That by a
corporation should be signed with the name of the corporation, fol-
lowed by the signature of the president, secretary, or other person
authorized to bind it in the matter, who should file evidence
8 of his authority to do so. That by a firm should be signed
with the firm name, either by a member thereof or by its
agent, giving the names of all members of the firm. Any one sign-
ing the proposal as the agent of another or others must file with it
legal evidence of his authority to do so.
10. The place of residence of every bidder, and postoffice address.
with county and State, must be given after his signature.
11. All prices must be written as well as expressed in figures,
12. One copy each of the advertisement, the instructions for bid-
ders, and the specifications, all of which can be obtained at this
office on application by mail or in person, must be securely attached
# each copy of the proposal and be considered as comprising a part
of it.
13. Proposals must be prepared without assistance from anv per-
son employed in or belonging to the military service of the United
States or emploved under this office.
14. No bidder will be informed, directly or indirectly, of the name
of any person intending to bid or not to’ bid, or to whom information
in respect to proposals may have been given.
15, All blank spaces in the proposal and bond must be filled in,
and no change shall be made in the phraseology of the proposal, or
addition to the items mentioned therein. Any conditions, limita-
tions, or provisos attached to proposals will be liable to render them
informal and cause their rejection.
16. Alterations by erasure or interlineation must be explained or
noted in the proposal over the signature of the bidder.
17. If a bidder wishes to withdraw his proposal he may do so be-
fore the time fixed for the opening, without prejudice to himself, by
6 LEWIS E. SMOOT VS. THE UNITED STATES.
communicating his purpose in writing to the officer who
9 holds it, and, when reached, it shall be handed to him or his
authorized agent, unread.
18. No bids received after the time set for opening of proposals
will be considered.
19. The proposals and guaranties must be placed in a sealed en-
velope marked “Proposals for Filter Material and Work,” “to be
opened March 31, 1903,” and enclosed in another sealed envelope
addressed to Lieutenant Colonel A. M. Miller, Corps of Engineers,
U. S. Army, 2728 Pennsylvania Avenue, Washington, D. C., but
otherwise unmarked. It is suggested that the inner envelope be
sealed with sealing wax.
20. It is understood and agreed that the quantities given are
approximate only, and that no claim shall be made against the
United States on account of any excess or deficiency, absolute or
relative, in the same. Bidders, or their authorized agents, are ex-
pected to examine the maps and drawings in this office, which are
open to their inspection ; to visit the locality of the work, and to make
their own estimates of the facilities and difficulties attending the
execution of the proposed contract, including local conditions, un-
certainty of weather, and all other contingencies.
21. The United States reserves the right to reject any and all bids
and to waive any informality in the bids received; also to disregard
the bid of any failing bidder or contractor known as such to the En-
gineer Department, or any bid which is palpably unbalanced or ob-
viously below what the work can be done for, or the bid of an
bidder who shall fail to produce, when called upon to do so, evi- |
dence satisfactory to the Engineer Officer in charge of the said bid-
der’s ability to do the contemplated work within the required time,
including his control of the necessary means and equipment. The
failure of a bidder to make satisfactory progress or to complete on
time similar work under previous contracts with the United States
will be duly considered in canvassing bids and may be a
10 valid cause for the rejection of his proposal. Reasonable
grounds for supposing that any bidder is interested in more
than one bid for the same item will cause the rejection of all bids in
which he is interested.
22. The bidder to whom award is made will be required to enter
into written contract with the United States, with good and approved
security, in an amount of twenty per cent of the amount covered by
the contract, within ten (10) days after being notified of the accept-
ance of his proposal. The contract which the bidder and guaran-
tors promise to enter into shall be, in its general provisions, in the
form adopted and in general use by the Engineer Department of the
Army, blank forms of which can be inspected at this office, and will
be furnished, if desired, to parties proposing to put in bids. Parties
making bids are to be understood as accepting the terms and condi-
tions contained in such form of contract.
23. The sureties, if individuals, are to make and subscribe affida-
vits of justification on the back of the bond to the contract, and they
must justify in amounts which shall aggregate double the amount of
the penal sum named in the bond.
LEWIS E. SMOOT VS. THE UNITED STATES. 7
24. Bidders are invited to be present at the opening of the bids.
These ifications are so drawn as to allow bidders to bid on
any or all of the different classes. Bidders are invited to name
separate prices for the following classes and for the items under each
class as outlined in the pro '
Class A. Excavation, embankment, puddle, seeding, and sodding.
Class B. Concrete masonry, granolithic pavement, placing mate-
rials in masonry, and drainage of roofs.
Class C. Furnishing and laying steel pipes and appurte-
nances.
11 Class D. Furnishing and laying east and wrought-iron pipe
and special castings.
Class E. Constructing exterior drainage system and manholes.
Class F. Main filter underdrains. Interior drainage system.
Class G. Furnishing and placing filter sand and filter gravel.
General Conditions.
25. A copy of the advertisement, and of the specifications, in-
structions, and conditions will be attached to the contract and form
a part of it.
26. The contractor should, within ten days from the award of
the contract, furnish the office with the post-office address to which
communications should be sent.
27. Transfers of contracts, or of interest in contracts, are pro-
hibited by law.
28. The contractor will not be allowed to take advantave of any
error or omission in these specifications, as full instructions will
always be given should such error or omission be discovered.
29. The decision of the Engineer Officer in charge as to quality
and quantity shall be final.
30. Payments will be made as specified.
31. The contractor will be required to commence work wnder the
contract as specified, to prosecute the said work with faithfulness
and energy, and to pF roe it as specified.
32. Unless extraordinary and unforeseeable conditions supervene,
the time allowed in these specifications for the completion of the
contract to be entered into is considered sufficient for such comple-
tion by a contractor having the necessary plant, capital, and ex-
perience. If the work is not completed within the period stipulated
in the contract, the Engineer Officer in charve may, with
12 the prior sanction of the Chief of Eneineers, waive the time
limit and permit the contractor to finish the work within a
reasonable period. to be determined by the said Envineer Officer in
charge. Should the original time limit be thus waived, all expenses
for inspection and superintendence aad other actual loss and dam-
ages to the United States due to the delay bevond the time orivinally
set for completion shall be determined by the said Encineer Officer
in charee and deducted from any payments due or to hecome due
to the contractor: Provided, however, that the marty of the first part
may, with the prior sanction of the Chief of Engineers, waive for
a reasonable period the time limit originally set for completion and
8 LEWIS E. SMOOT VS. THE UNITED STATES,
remit the charges for expenses of superintendence and inspection for —
so much time as in the judgment of the said Engineer Officer in
charge may actually have been lost on account of unusual freshets,
ice, rainfail, or other abnormal force or violence of the elements,
or by epidemics, local or State quarantine restrictions, or other un-
foreseeabie cause of delay arising through no fault of the contractor,
and which prevented him from commencing or completing the work
of delivering the materials within the period required by the con-
tract: Provided, further, that nothing in these specifications shall]
affect the power of the party of the first part to annul the contract
as provided in the form of contract adopted and in use by the Engi-
neer Department of the Army.
33. The contractor will be required to hold the United States
harmless against all claims for the use of any patented article,
process, or appliance in connection with the contract herein con-
templated. ‘
34. Whenever the words “Engineer Officer in charge” occur they
shall be construed to apply as well to his authorized assistants.
35. It is understood that the United States will not be re-
13 sponsible for accidents or injuries to the contractor’s em-
ployees or plant from any source or cause.
36. Deliveries shall not be made or work done on Sundays or
legal holidays, except in case of emergency, of which the Engineer
Officer in charge shall be the judge. Deliveries shall be made in
such manner as to keep roadways and passages clear, and not inter-
fere with the work of other contractors or workmen.
37. It must be clearly understood that time is an essential fea-'
ture of the contracts herein contemplated. Bids must be accom-
panied by statements sufficiently in detail to enable the Engineer
Officer in charge to determine the ability of the bidders to comply
with the specifications as to deliveries. All such statements shall be
subject to verification, and if, in the judgment of the Engineer Off-
cer in charge, any bidder is incapable of complying with the specifi-
cations for delivery, it shall be sufficient warrant for the rejection
of his bid.
Bids are invited on any or all of the classes specified, and the
right is distinctly reserved to award the work as a whole or to enter
into separate contracts for the different classes, whichever may be
deemed most advantageous and economical to the United States.
The right is reserved, also, to purchase the needed materials in
the open market, in case of any delay in furnishing and delivering
acceptable articles, and any increase of cost over that under the con-
tract shall be deducted from payments due or to become due the
contractor. All rejected materials shall be immediately removed
by the contractor and at his expense.
38. The location of the work is in the District of Columbia, near
the Washington City Reservoir.
Once in every month the Engineer Officer in charge will
make an estimate of the work done and materials delivered, and the
value thereof, and will pay the contractor the amount due,
14 less ten (10) per cent, which will be retained until the com-
pletion and final acceptance of the work done and materials
LEWIS E. SMOOT VS. THE UNITED STATES. 9
delivered under these specifications. If at any time, in the judg-
ment of the Engineer Officer in charge, the contractor is not mak-
ing the progress required by these specifications, he may, in his dis-
cretion, suspend the monthly estimates and payments until such
time as it appears that the contractor has reached and is maintain-
ing the rate of progress necessary for the completion of the work
within the time stipulated.
40. Contractors for work shall provide suitable and sufficient sani-
tary conveniences, properly secluded from public observation, and
workmen shall be required to use them exclusively. Should pollut-
ing material be deposited in filters, pipes, or elsewhere upon the work,
the contractor shall at once satisfactorily clear up such material.
Any workman committing such pollution shall be forthwith dis-
charged and not again employed upon the work.
41. In case the work under any contract is not being carried on
as required by the specifications to the satisfaction of the Engineer
Officer in charge; if satisfactory progress is not being made, or the
work is abandoned ; if the contractor is wilfully violating any of the
conditions or provisions of his contract, or is executing the same in
bad faith, the Engineer Officer in charge shall notify the contractor
to fulfil the conditions of the contract; and should the contractor
fail to comply within five days the Engineer Officer in charge shall
have the right to formally annul the contract as provided for in
the form of contract to be entered into, and to take possession of and
use such materials, animals, machinery, implements and tools of
every description as may be found upon the work, at such rental
valuation as the Engineer Officer in charge decides to be reasonable.
42. The contracts for this work are to be made under the
15 following item contained in an “Act making appropriations
to provide for the expenses of the government of the District
of Columbia for the fiscal year ending June thirtieth, nineteen hun-
dred and four, and for other purposes:
“For continuing work on a slow sand filtration plant, and for each
and every purpose connected therewith including the preparation
of plans, and for the purchase of such scientific books and periodicals
as may be approved by the Secretary of War, six hundred thousand
dollars, to be available immediately and until expended: Provided,
That all contracts authorized under appropriations for the slow sand-
filtration plant shall provide for the completion of the work on or
before December first, nineteen hundred and four: Provided fur-
ther, That the amount for which a contract or contracts may be en-
tered into by the Secretary of War for such material and work as
may be necessary for prosecuting the work on said slow sand-filtra-
tion plant, and for each and every purpose connected therewith to
final completion within the shortest practicable time, or within which
the materials may be purchased and the work done otherwise than
by contract, to be paid for as a»propriations may from time to time
to time be made by law, is hereby increased from two million seven
hundred and sixty-eight thousand four hundred and five dollars to
three mi!lion fonr hundred and sixty-eight thousand four hundred
and five dollars.”
2—208
10 LEWIS E. SMOOT VS. THE UNITED STATES.
In case the available funds become exhausted before the com
tion of contract the Engineer Officer in charge will give thirty (30) —
days’ written notice to the contractor that work may be suspended;
but if the contractor so elects, he ag fl continue work under the con-
ditions of the specifications, after the time set by such notice, g
long as funds for proper superintendence and inspection are avail-
able, with the understanding, however, that no payments will be
made for such work until additional funds toes been pro-
16 vided in sufficient amount. When additional funds become
_ available for continuing the work, the Engineer Officer ip
charge will give thirty (30. days’ notice to the contractor that work
must be resumed. Should payments be discontinued for a period
of one year owing to lack of funds, the total amount reserved from
previous payments shall be paid the contractor, it being understood
that such payment will in no respect release the contractor from his
obligations under the contract, but that the contract and accompany-
ing bond are to remain in full force and virtue the same as if such
reserved percentage had not been paid.
Amount available about $2,030,000.
Work to be Done under These Specifications.
43. Work.—The work to be done under these specifications con-
sists in making, furnishing, building, and placing the excavation
and embankment and fill, the concrete masonry, the filter sand and
gravel, the granolithic pavement of the courts required for the con-
struction of a system of filters and pure water reservoir, and the’
pipes and drains pertaining thereto. The cement for the concrete,
and certain other materials shall be supplied by the United States,
44, These specifications do not include the sand washing appara-
tus, regulator houses and fixtures above the substructures, the track
system, pumping station and appurtenances, and other parts of the
complete plant to be otherwise or subsequently supplied.
45. Plans—The general extent, location and character of the
work are shown by a set of 23 plans, numbered from 1 to 2%
17 consecutively, which plans are made a part of these specifiea-
tions, and which plans are on file at the office of the Wash-
ington Aqueduct.
46. Plant.—The complete plant as shown by the plans includes
29 filters, with net areas of about one acre each. Of these filters 1 to
24 inclusive shall be built first. The embankment under filters
shall be completed for filters 25 to 29 inclusive, in connection with
the first part of the work and other parts of filters 25 to 29 shall be
done by the contractor at the unit prices provided in these specifica
tions, if the same shall be ordered, in writing, by the Engineer Offi-
cer in charge, at least two months before the completion of the
masonry in filters 1 to 24 inclusive, but the time of the completion
of the work to be done under these specifications shall apply only
to filters 1 to 24 inclusive, and in case the contractor is ordered to
build the remaining filters under these specifications, an additional
nine months shall be allowed for their completion after the time
provided for the completion of the rest of the work,
COPY BOUND ~
LEWIS E. SMOOT VS. THE UNITED STATES. 11
A. Excavation. Item No. 1.
47. Work.—The work to be done consists of all the clearing,
bbing, and excavating necessary to prepare the site of the filtra-
tion beds for the erection of the masonry structures, in accordance
with the plans on file in this office. The structures for which excava-
tion is to be made jnelnde the filters, clear water basin, gate-houses,
court paving, and similar structures, and the central drains of each
filter. The excavation and refilling for pipe lines and other drains
is not included under this item.
48. Clearing.—The land shall be cleared of all trees, stum S,
brush, and rubbish where excavation is to be made. Loam shall
removed from the area and to such depths as the Engineer
18 Officer in charge shall direct, and shall be compactly piled
for subsequent use in places to be designated.
49. Excavation.—The excavation shall then be made for the
varions structures to the lines, grades, and forms shown by the plans
or given by the Engineer Officer in charge.
50. Where fills or embankments are to be built, the top surface
of the ground shall be excavated to such depth, determined by the
Envineer Officer in charve. as shall be necessary to obtain a suitable
foundation for the embankment or fill.
51. In case the material encountered at the desired grade of the
foundation is, at any point, unsuitable for carrving the loads to be
laced upon it, the excavation shall be carried to such additional!
ths as the Engineer Officer in charge shall direct.
52. Unauthorized Excavation —Excavation beyond the grades and
lines given shall be refilled by the contractor at his own ex nse,
with such materials and in such manner as the Engineer Officer
in charge shall direct.
53. Disposal of Excavated Material.—All ‘materials suitable for
use for puddle, or the requisite amount thereof, shall be set aside
and reserveci for this purpose; and other select materials shall be
reserved and used for embankments, filling, and for covering the
filters. A part of the surplus material shall be deposited on the
south slope of the dam and carried to such lines and slopes as the
Engineer Officer in charge shall direct. All trees, bushes, and rub-
bish shall be cleared from the slope and adjacent ground at the foot
of the dam before the material is deposited. The contractor must
make all arrangements for the disposal of surplus material, and
hold the United States harmless against all claims whatever relat-
ing thereto.
54. Drainage and Protection—The contractor shall pro-
19 vide suitable drainage, and shall remove all water promptly
from all excavations, and keep them dry. He shall protect
the sides of excavations, if necessary, by suitable sheeting and shor-
ing against caving in, until the completion of the structures to be
constructed therein.
55. Measurements.—All measurements of excavation shall be
made in place, and the quantity paid for shall be that actually ex-
tavated within the limits prescribed.
56. Plant and Operation.—The bidder shall describe in full the
O CLOSE IN CENTER
LEWIS E. SMOOT VS. THE UNITED STATES,
plant he any to use and give the dates on which the several —
parts will be put to re the same in writing with the
bids. The plant must be capable of handling at least six thousand
(6,000) cubic yards per day, and must be installed promptly and
worked systematically to accomplish the above results as nearly as
may be. On no account shall the average rate of excavation per day
for any month fall below three thousand (3,000) cubic yards.
5614. Compensation.—The compensation per cubic yard of ex.
cavation under this item shall include all labor and materials neces.
sary for clearing, excavating, and protecting the excavation from
water and from caving in, until the completion of the work to be
constructed therein, and the disposal of all surplus material.
A. Embankment. Items Nos. 2, 3, and 4.
57. Work.—The work under this heading includes the filling of
low places under filters and other structures, the filling of central
courts, the embankments about the filters, and all other fills and
embankments shown by the plans or directed to be made by the
Engineer Officer in charge.
58. Classification —Embankments shall be divided into three
classes :
1. Embankment under filters,
2. Embankments about the walls of filters and in courts,
3. Filling over filters.
20 Material placed below the dam, in the roadways and at
other low places for the ter ney of disposing of it, and ma-’
terial disposed of off the ground shall not be paid for as embank-
ment. When waste embankments come against the walls of filters
ot the pure water reservoir the usual section shall be built and paid
for as embankment and all material outside shall be treated as
waste.
59. Embankment under Filters. Item 2.—The ground shall be
carefully cleared and soft material excavated before the commence-
ment of the fill. The contractor shall also remove so much of the
loose fill previously made as the Engineer Officer in charge shall
deem as not sufficiently compact to carry the load to be placed upon
it without settlement and shall order removed. Material removed
shall be paid for as excavation.
60. In addition to the preparation of the surface of the ground
to be covered by filling or embankment, as described under “Exca-
vation,” it shall, after the removal of loam and top soil, be fur-
rowed or picked up to make a bond with the filling or embankment,
and on sloping ground shall be stepped as directed by the Engineer
Officer in charge.
61. The fill shall be composed of the most suitable materials
found in excavation, preferably clay and gravel mixed, placed in
three-inch layers and rolled with a grooved roller weighing at least
ten tons and passing over each part of each layer at least six times
and as many more times as may be necessary to thoroughly com-
pact and solidify the material. The filling material shall not be
placed or rolled when too wet to allow proper solidification and roll-
—
COPY BOUND T*‘
LEWIS E. SOOT VS. THE UNITED STATES. 13
jug, and if too dry it shall be moistened by — with water,
which sprinkling shall be done with water supplied by the contractor
in such manner and quantity as the Engineer Officer in charge shal!
91 62. Embankment under filters shall be carried to a height
of about six inches above the proposed foundation of the
filters, or to such other height as the Engineer Officer in charge shall
order, and shall be allowed to stand as long as possible before the
construction of the filters, and just prior to the construction of filters
it shall be graded precisely to the required level. The material found
by measurement above the foundation level at this time shall be paid
for both as embankment and as excavation.
63. Embankments About Walls of Filters and in Courts. Item
3,—These embankments shall be made as embankments under filters,
except that materials may be taken as they come in excavation with.
out selection, except that soil or any manifestly unsuitable material
shall be excluded, and may be placed in six-inch layers instead of
three-inch layers, and the finished surface shall be left as nearly as
possible at the desired grade, which in the embankment about the
filters shall be approximately level with the springing line, and under
courts shall be the required grade for the foundation of the pavement.
Exposed surfaces shall be covered with soil and smoothed to the re-
quired surfaces.
64. Filling Over Top. Item 4.—The filling over the top of the
filters shall be of material obtained in excavation and shall not be
rolled. The surface soil obtained in excavation shall be kept separate,
and shall form the upper part of this fill in such depth as the amount
of soil obtained from the whole excavation permits, not exceeding
six inches. The rest of the filling over the top shall be of such ma-
terials as are obtained in excavation taken as they come. The sur-
face shall be finished smooth and sodded and seeded as elsewhere
provided.
65. Measurement and Compensation.—The compensation per
cubic yard for filling and embankment shall include all labor,
22 materials, and tools required to perform the work, and the
amount of same shall be computed on the gross amount
within the prescribed lines, including loam and soil covering, meas-
ured in place after settling for three months, and as much longer
as time permits before the preparation of the final estimate, but
with deductions for spaces occupied by puddle or other material
separately paid for.
A. Puddle. Item No. 5.
66. Puddle of prescribed thickness shall be used on such portion
of the bottom ink sides of the filter-beds and the clear water basin
and elsewhere as the Engineer Officer in charge shall direct,
67. Material—The puddle shall consist of mixture of equal parts
of plastic clay and sandy gravel. The clay shall be of good uality,
free from loam, mica, or other foreign matter, and shall otherwise
be satisfactory. Extensive beds of good clay for puddle are found
in the immediate vicinity of the work and will probably occur in
the excavation, but the Engineer Officer in charge shall determine
ta Siento
“CO CLOSE IN CENTER
14
whether clay from excavation shall be used and to what extent,
The sandy gravel shall consist of the best materials of this class
found in the excavation, from which stones more than two inches
in diameter shall. have been removed, and it shail be free from all
perishable matter.
68. Mixing and Placing—The clay shall be broken fine and
mixed wet with the sandy gravel in a pug mill, or other approved
machinery, to the satisfaction of the Engineer Officer in charge. It
shall then be placed in layers, not exceeding six inches, and thor-
oughly compacted. The amount and manner of wetting, and of
ramming or rolling, shall be subject to the directions given from
time to time by the Engineer Officer in charge, to secure
23 watertight work. The finished surface of puddle shall be
_ Protected and kept in good order until the permanent cover-
ing is placed.
69. Quantity —The amount of puddle which will be required can
not be definitely stated, as it will largely depend on the nature of
foundation encountered and other oe, x tw factors, but bids shall
be made on the basis of two thousand cubic yards, which amount
may be increased or diminished to an extent considered necessary
by the Engineer Officer in charge.
70. Compensation and Measurement.—The compensation per
cubic yard for puddle shall include all labor, materials and tools
required for preparing and placirg, and the amount of puddle shall
be computed in place, within the lines given.
A. Seeding. Item 6.
71. Work.—-After the embankments and fiills have been graded
and the top soil trimmed to the required lines, the surfaces shall be
seeded by the contractor.
72. Seeding.—The surfaces to be seeded shall be carefully pre-
pared and raked over, and then seeded with a mixture of good grass
seed, Hungarian rye, and clover seed, together with a sufficient
amount of good fertilizer, not less than six hundred (600) pounds
to the acre, and all well rolled.
73. Lines and Grades.—Care shall be taken to have all surfaces
conform to the lines and grades given. Any sliding or settling
which may occur shall be repaired by the contractor at his expense.
74. Maintenance.—The seeded areas shall be well watered as
often as shall be necessary until the grass has become well rooted
and in a healthy condition. All seeded areas shall be carefully
looked after and cared for by the contractor, and be turned over in
good condition on the final acceptance of the work.
24 75. Compensation and Measurement.—The compensation
per acre shall include all materials, tools, and labor necessa
for finishing, placing, and maintaining all seeded areas as specified.
Measurement of seeded areas shall be according to lines given by the
Engineer Officer in charge.
LEWIS BE. SMOOT VS. THE UNITED STATES.
LEWIS E. SMOOT VS. THE UNITED STATES. 15
A. Sodding. Item 7.
76. Work.—The contractor shall furnish and place good grass
sod on top of the loam or top soil, at the edges of embankments, and
at other places shown on the plans or designated by the Engineer
Officer in charge.
77. Materials.—The sod shall be of good quality of earth, covered
with heavy grass, sound, healthy, at least one (1) foot square and
two (2) inches thick, and free from weeds. They shall be cut with
a bevel on the sides, so that they will lap at the es Sas
78. Placing.—The surface of the top soil shall be dampened im-
mediately previous to laying the sod. The sods shall be properly
and carefully set so as to have a full bearing on their whole lower
surfaces. They shall be padded down firmly with a spade or wooden
bat, and pinned if necessary.
79. Grades and Maintenance.—Al] details as to lines, grades, care
and maintenance of sodded surfaces shall be as specified under
“Seeding.”
80. Compensation and Measurement.—Compensation per square
yard for sodding shall include all labor, tools, and materials neces-
sary for furnishing and placing sod, and maintaining all sodded
areas. Measurement of AE areas shall be according to lines given
by the Engineer Officer in charge.
B. Concrete. Items 8, 9, 10, and 11.
81. Composition of Concrete—The concrete shall be made
25 of Portland cement, to be furnished by the United States,
and sand and gravel or broken stone, or both, to be furnished
by the contractor.
82. Sand.—The sand used for concrete and mortar in all parts
of the work shall be sharp, sufficiently coarse, clean, free from mud,
sewage, clay, paper, leaves, chips, and other foreign matter, and
shall not have more than three per cent by weight of loam and silt,
83. Ballast—The ballast for concrete shall consist of clean gravel
stone, or fragments of hard, durable stone, broken to such sizes that
all will pass through a 24-inch ring and from which all particles
smaller than 44 inch shall have been screened out. A mixture of
vel and broken stone may be used. Material shall be graded
tom fine to coarse, and that which is all of one size shall not be
used.
84. Ballast shall be free from dust, loam, clay, ashes, coal, perish-
able matter or other improper substances. It shall he washed or
screened, or both, if necessary to remove such substances.
85. Samples.—Samples of sand and ballast which the contractor
poses to use shall be submitted to the Engineer Officer in charge
or examination at least two weeks before the contractor commences
to deliver the material upon the ground. Materials shall not be
delivered until the samples have been approved by the Engineer
Officer in charge, and, as delivered, shall be in all respects equal to
the samples submitted and approved.
85. Storehouse ——The Contractor shall provide a suitable house or
houses near the concrete mixer or mixers, into which the cement
16 LEWIS E. SMOOT VS. THE UNITED STATES.
shall be delivered by the United States. The house or houses shal}
have a floor space of at least 4,000 square feet and shall be suffi.
ciently large so that different lots of cement can be kept separate
and readily accessible, and no cement shall be used that has not
been in the store-house at least two weeks. The floor shail be raised
above the ground so as to keep the cement dry and the sides
26 and roof shall be sufficiently tight to protect the cement from
rain or injurious effects of the elements.
87. Responsibility for Cement.—The contractor shall be responsi-
ble for the cement from the time it is delivered at the store-ho
and the United States will furnish a store keeper who shall keep a
record of cement received and removed and of the use made of al]
cement removed. The United States wiil furnish all the cement
necessary for the prosecution of the work, but in case cement is un-
necessarily used or wasted by the contractor, or damaged while on
his hands, it shall be charged to the contractor at cost, and the
amount of such unnecessarily used or wasted or damaged cement
shall be deducted from the amount payable to him under this
contract,
88. Unnecessary use and Waste.—The amount of cement unnee-
essarily used or wasted and damaged shall be computed as follows;
89. Deduction for Excess.—If any concrete structures are built
larger than ordered, so that in the aggregate the volume of concrete
in any part of the work exceeds that contained within the lines
given, by more than 5 per cent, the Engineer Officer in charge shall
make an estimate of the amount of cement contained in the con-
crete in excess of the volume contained within the lines given for -
the work or that part thereof built larger than ordered, and shall
charge it to the contractor; but othewise no deduction shall be made
for cement used in masonry built larger than ordered.
90. Cement Charged to Contractor—The contractor shall further
be charged with the cement required for making concrete to replace
any and all concrete rejected, removed and replaced with new con-
crete under these specifications. The contractor shall also be charged
with all cement in concrete abandoned before being placed, when
work is stopped at noon or at night, or on account of rain
27 or otherwise; with cement in concrete spoiled or lost, in mix
ing and in transmission; with cement spoiled or wasted in
transit from the storehouse to the work or on the work, and cement
spilied or spoiled in the storehouse for any reason whatever, and
for all losses of cement of every description in connection with the
work; provided, however, that if the work is handied with due care
to prevent such waste and loss, and if all such losses in the aggregate
amount to two per cent or less of the gross amount of cement
under these specifications, no deduction shall be made therefor.
——The cement will be delivered to the contractor in
The contractor shall preserve these bags in good order,
shall pack them in packages containing a definite number, and shall
return them in good order to the cement storehouse, and pay for any
shortage in same.
92. Proportions—In general, the proportions of the several
materials used in making the concrete shall be:
COPY BOUND TOC
LEWIS E. SMOOT VS, THE UNITED STATES, 17
1 barrel of Portland cement, weighing 380 pounds, net.
11 cubic feet of sand, loosely pe in boxes before mixing.
19 cubic feet of ballast, simiiarly measured,
The proportions of mixing may be varied by the Engineer Officer
in charge, as may seem best for the requirements of each particular
of the work, but no change in the proportions of mixing shall
made which renders it more difficult to secure concrete of the
density and par | herein specified.
93. Mixing —The concrete shall be mixed in mixers of approved
form, in which the materials shall be mixed in batches, ‘The cement,
sand and ballast for one batch of concrete shall be assembled in
suitable measuring boxes so that the proportions can be readily
checked by the Engineer Officer in charge before being placed in the
mixer.
28 94. Weter.—A water tank with suitavle scale and overflow
shall be provided, so that the amount of water used in each
batch can be accurately measured and controlled. Water shall be
added in such quantity as the Engineer Officer in charge shal] order
and the mixing shall be thorough and shall be continued until
every particle of ballast is covered with the mortar of cement
and sand.
96. Transportation to Work.—Provision shall be made for rapid
transportation, from the mixer to the work so that the concrete
shall be in place before the initial set commences, No retempering
shall be ome under any conditions, and all dead mortar or
concrete shall be discarded and removed from the work.
96. Depositing Concrete.—The concrete shall be deposited in such
4 manner and in layers of such thickness as the Engineer Officer
in charge shall direct, and shall be immediately rammed. ‘The
ramming shall be as thorough as is secured by pneumatic rammers,
97. Ramming.—The operation of ramming shall be so conducted
as to give a thoroughly compacted, dense, impervious, artificial stone -
of high specific gravity. When deficiency of moisture is indicated
during ramming, it shall be supplied by sprinkling with a fine spray
of water.
98. Old and New Work.—In joining new work to old such pre-
cautions as shall be satisfactory to the Engineer Officer in charge
shail be taken to secure perfect prey he all points.
99. Bonding Joints —Grooves shal] placed at bonding joints
where called for by the plans and where ordered by the Engineer
Officer in charge. All such grooves in old work’ shall be thor-
oughly cleaned and wet before placing new concrete.
100. Care of Ex Surfaces.—All exposed surfaces of
2% = finished and unfinished work shall be kept constantly moist
by covering or by sprinkling at short intervals, or both, and
this covering or sprinkling shall be continued until the permanent
| overing, filling or backing material is in place. The tops of walls
and other surfaces permanently exposed shall be kept moist for such
period, not exceeding two weeks, as the Engineer Officer in charge
uire.
101. Walking on Concrete—The contractor sb«ll not permit
walking or working over or upon the concrete until it has set for a
3—208
LOSE IN CENTER
a
18 LEWIS E. 8SMOOT VS. THE UNITED STATES.
S.
oe length of tithe, to be determined by the Engineer Officer
in charge.
102. Forms and Centers.—-The contractor shall erect al! forms
and centers required for the work. They shall be smooth, free from
all holes, true to the line, strong, and braced to stand without moves
ment until the concrete has set. Should the forms or centers lose
their proper shapes and dimensions, or should the surfaces become
roughened or dented, they shall be removed from the work; and
only forms and centers conforming to the specifications, clean and
free from cement or dirt, shall be used in the work.
103. Size of Forms.—The forms shall be of such size that th
can be moved forward readily. Small rods to hold the forms wi
be allowed in the walls, and all holes left after removing these rods
shall be completely filled with cement mortar.
104. Measuring Concrete.—The concrete shall be measured within
the lines shown by the plans, or given by the Engineer Officer in
charge. No allowance shall be made for building structures thicker,
deeper or larger than ordered, and the price paid shall be compen-
sation for all labor, materials, tools, machinery mixers and cement
storehouse, but not the cement.
105. Concrete in Floors.—The floors shall be made in the form
of inverted groined arches and shall be constructed in general
30 in alternate diagonal square sections, of such form that they
can be screeded with straight screeds to the dimensions of
the containing forms. The side of the squares shall be about 9.9
feet for filters 1 to 24 inclusive; 9.65 feet for filters 25 to 29 in- .
clusive, and 12.7 feet for pure water reservoir. The second set of
blocks shall be placed after the forms for the first are removed
and shall be similarly screeded to the concrete blocks already in
place. The forms shall be set truly to the lines and grades so that
the piers may be set precisely at the required ip and so as to
form a floor of the required thickness and level or of the required
slope on the bottom.
106. Trimming Earth—The earth below the floor shall be ae-
curately trimmed to the required elevation after the forms are placed
and before the concrete is placed.
107. Mixing Concrete.—The concrete shall be mixed wet enou
so that the surface can be trowelled smooth before it sets and wit
out the application of mortar. The trowelling shall be thorough,
leaving a smooth hard surface.
108. Floors of Filters—The floor of each filter shall be thor-
oughly cleaned after the completion of the overhead vaulting and
the removal of the centers, preparatory to placing the filtering ma
terials, and any cracks or cher defects which may then be apparent
shall be repaired by the contractor to the satisfaction of the Engineer
Officer in charge.
109. Concrete in Walls——The filter walls shall be made in see-
tions not exceeding thirty feet in length, and if practicable each
section shall be made monolithic. In case it is found necessary to
make horizontal joints in any section of wall, a deep groove
orem nee neh pe mney,
COPY BOUND TOC
_-
LEWIS E. SMOOT VS. THE UNITED STATES, 19
be made in the temporary top by driving a wooden wedge into it
before the concrete is set,
110. Joining Sections.—
81 _— shall be jointed by vertic
concrete tongue and
height of the faces. No joint r of filters,
but all corners shall be mad tending in
each direction. The exp mooth and
entirely free from rough
be so mixed and placed a
washing afterward.
or defective, i
such block ex
water reservoir, where 1 3 ] be
built as filter walls. Wh ten feet they
shall not be made in bl k to old deep
joi the horizontal
and 11% parts of
elled smooth, an
ks, but in this event,
surfave can be left
free from voids and from
requirement for voncrete
in walls. Each pier shall
top as to
and below.
CLOSE IN CENTER
—
20 LEWIS E. SMOOT VS. THE UNITED STATES.
116. Centers for Concrete.—For supporting the concrete suitable
centers shall be provided which shall be firm enough to allow thor.
ough ramming, and shall be smooth and prepared or covered in
manner satisfactory to the Envineer Officer in charge, to allow them
to be readily removed and to leave the concrete with a ssucoth and
presentable surface. A sufficient number of centers of cach clage
shall he provided to cover at least 15 per cent of the total area to le
covered by centers of that class, and a greater number shall he pro-
vided for any part if it shall be found necessary to support the work
in safety when making the specified rate of progress. The venters
may be moved forward and used again under regulations
33 to be established by the Engineer Officer in charge. No
center shall be used that is not clean and of proper sha
and strength and in every way suitable. Deformed, broken cr ie
fective centers shall be repaired or removed from the work.
117. Striking Centers—No centers shall be struck without the
express consent of the Engineer Officer in charge. and subject to
such conditions as will secure the safety of the work, nor until the
adjacent walls are completely secured. Outside walls shall be con-
sidered as secured when the embankments against them have teen
completed to the satisfaction of the Engineer Officer in charge. Cross
walls shall be considered as secured when the concrete vaulting on
the other side of the cross wall for at least two sections is in position
and set, whether supported by centers or not.
118. Ventilator Shafts —The ventilator shafts shall be con-
structed of concrete, and suitable formes shall be provided for mak- .
ing them, which forms, if in suitable condition, may be taken away
and used in other places as soon as the concrete is sufficiently set.
119. Joints in Vaulting —All joints in the concrete vaulting shall
be made on lines midway between the piers and at no other points.
Strong and suitable planks shall be provided and braced for this
purpose. Division joints shall be made on all the lines midway be
tween the piers or on so many of them as may be required by the
Engineer Officer in charge.
12V. Removing Centers.—The contractor will be allowed to move
the centering from a part of the filter before all the vaulting for the
filter is completed, provided the design of the centering is such that
the removed centering can be carried out without disturbing the
centering remaining in place, and in no event shall less than
34 three rows of completed vaulting in which the concrete has
set intervene between the edge of the completed work and
the area from which the centers are removed.
121. Centers for Vaulting —The attention of the contractor is
called to the fact that the centers for the vaulting for filters 1 to 24
inclusive are all of the same dimensions. Some special centers will
be required for diagonal vaulting where the outside walls are not on
rectangular lines. All special centers of this character can be used
several times, the positions for which the centers are identical being
indicated on the plans by the same letter. The vaulting for filtem
25 to 29 has a slightly shorter = The vaulting in the clear water
reservoir has a greater span. Cylindrical centering will be required
LEWIS E. SMOOT VS, THE UNITED STATES. 21
near all walls and in the sand runs and special centering for all
minor parts shown by the plans.
B. Granolithic Paving. Item 12.
122, Work.—The contractor shall lay granolithic paving in the
courts and to form walks elsewhere about the plant as may be re-
quired. The granolithic paving shall not be laid until all pipes and
structures beneath the surface of the courts have been placed and
the trenches backfilled and solidified. “The foundation shall be
graded to a level five inches below the level of the surface of the
finished pavement. Excavation will be paid for to this level, and
where embankments occur in courts, the embankment shall be paid
for to this level, so that if the work of excavation and embankment
is perfectly done no grading will be necessary for the granolithic
paving. The contractor shall, however, perform any final leveling
which may be necessary to bring the surface precisely to grade, and
no separate or additional payment shall be allowed therefor. The
contractor shall thoroughly compact the bed by rolling or ramming
before placing the paving.
35 123. Concrete and Mortar—On the bed thus prepared
shall be laid four ir ches of cement concrete and one inch of
cement mortar covered by a thin, dry surface coat, all made of ma-
terials and in the manner hereinafter described.
124. Cement—The cement will be furnished by the United
States, and the same conditions will apply to it as to the cement fur-
nished for concrete. One barrel, shall, in all cases, be taken in coui-
puting proportions of mixing as occupying a space of 3.75 cubic feet.
125. Sand.—The sand used shall be clean and sharp, from fine
to course, free from sewage, mud, clay, mica, paper, leaves, chips
and other foreign matter, but may show, when shaken with water
and after subsidence, not more than three per cent by volume of silt
or loam. Sand stored at the work shall, when required, be aye
on boards or other suitable platform and kept as clean as when
delivered. .
126, Gravel.—The gravel shall be from 14 inch to 2 inches in size
and as good in quality as the best Potomac river washed gravel.
The gravel shall be free from dust, dirt, chips, leaves and other for-
eign or objectionable matter, and when required shall be dumped on
boards and cared for as provided for sand in the preceding para-
h.
OT, Mortar—The mortar shall be composed of the cement and
sand in the proportion of one to two, by volume, thoroughly mixed
dry; a sufficient quantity of water shall be added afterward by fine
sprinkling to form, upon remixing, a stiff plastic paste. The pro-
portions are intended to secure a mortar in which every particle of
sand is enveloped by cement, and all voids in the gravel filled with
mortar, and this result shall be obtained to the satisfaction of the
Engineer Officer in charge. If the mixing be by hand, it shall be
done on a watertight platform with tight raised edges, and
36 ~=— the cement spread first. No batch shall contain more than
one barrel of cement.
22 LEWIS E. SMOOT VS. THE UNITED STATES.
128. Mixing.—The mixing shall be dore by the use of shovels
hoes and rakes until a thoroughly uniform mortar of proper con-
sistency as above described is secured. m4
129. Concrete.-—To the mortar, made as above directed. shall be —
added five parts by volume of the specified gravel, which shall have
been thoroughly drenched with water just before it is added to the
mortar. The drenching shall not be done in a barrow. nor otherwise
to permit the addition of free water to the mortar. Each batch of
concrete shall be thoroughly mixed until each piece of gravel is
wholly coated with mortar and in a manner satisfactory to the En-
gineer Officer in charge. If the mixing be bv hand, it shall be done
on a water-tight platform with tight raised edges, and in the mixing
the gravel shall be first snread over the mortar. The concrete, im-
mediately after mixing, shall be spread upon the foundation so that
the mortar shall remain evenly incorporated with gravel and then-
thoroughly compacted by ramming. The slab or flag divisions shall
then be marked off to the size, and markings cut three inches deép
and three feet apart. The space made by the cutting tool shall be
immediately filled with dry sand and well rammed.
130. Mortar for Surface Layer—Mortar for the surface layer
shall be made of the specified cement and sand, mixed in the manner
as for mortar for concrete. but in the proportion of two to three by
volume. The mortar shall be spread while fresh upon the concrete
base while the latter is still soft and adhesive and before it shall have
reached its first set, in such quantity that after thorough manipula-
tion it shall be 1 inch in thickness. It shall then be leveled off and.
beaten with wooden battens, so as to break any air cells and make
the surfacing perfectly solid and at the true grade. No pave-
37 ment marked by sand which has been spread over it for pro-
tection will be accepted.
131. Slabs.—A coating of dry cement and fine sand in equal pro-
portions by volume and such part and kind of coloring matter as
the Engineer Officer in charge may direct, thoroughly mixed, shall
then be floated into the layer; and by a skilful use of tools the sur-
face shall be made smooth and ready for the markings of the slabs;
the markings will be made to the depth of % inch and immediately
over those made in the concrete. The slabs shall then be brought
to true lines and grades, and except at about inch margins, rolled
with a toothed roller to make a surface that will not be slippery.
Expansion pieces of dressed white pine 1 inch by 6 inches shall be
provided where required.
132. Connecting Layers.—Any lack of connection between the
concrete and mortar layers shall be sufficient reason for requiring
entire removal and the substitution of new and satisfactory work.
133. Protecting Pavement.—The pavement shall be kept moist,
rotected against the weather and guarded against foot travel, until
it has set. The contractor shall replace any block broken by settle-
ment over trenches dug and backfilled by him, which may occur
before the final acceptance of the works.
134. Payment.—Payment shall be made by the square yard and
shall include compensation for all material and labor as specified,
eS LEWIS E. SMOOT VS. THE UNITED STATES. 23
except cement. No deductions will be made for openings less than
_ one square yard in area.
B. Placing Materials in Masonry. Item 13.
135, Other Work.—In addition to the materials otherwise
38 specifically mentioned, the contractor shall build into the
masonry of the filters at the proper points in each filter other
fixtures as follows:
Castings carrying the standards for gates over the inlet and waste
et.
Three 14-ft. steel I-beams to carry sand run. :
Approximately 470 fasteners for the support of electric lights.
Approximately 107 manhole frames ahd covers. ’
_ 6-inch agricultural drain pipe in the vaulting, over the cross-wall,
at intervals of about 14 feet, arranged to allow wrought-iron pipe
to be put through them.
136, Delivery of Materials by United States—The United States
shall furnish all the materials except as otherwise provided. The ~
contractor shall notify the Engineer Officer in charge, in writing,
three weeks in advance of the time when materials will be required#
The United States will thereafter deliver the materials at-some con-
venient point upon the ground and will notify the contractor in
writing of said delivery. The contractor shall examine the said
materials as promptly as possible and shall notify the Engineer
Officer in charge within three days of any shortage of material or
of damaged, broken or defective material and shall be responsible
for materials thereafter until the final acceptance of the work, and
shall replace any material which can not be accounted for or which
afterwards proves to be broken or defective.
137. Transportation by Contractor—The contractor shall trans-
port all materials to be — from the point of delivery to the work
and shall set and build them into the masonry in a workmanlike
manner at precisely the point of elevation required, and shall sur-
round all materials with concrete, taking particular care to have the
concrete fit them accurately at every point, particularly under-
neath, and shall secure them to prevent any movement or
39 floating of the pipes by the wet concrete, and shall place the
manhole cover frames before the concrete has set, and shall
trowel and finish with mortar all joints and connections where it
may be necessary.
138. Compensation.—The price for setting this material shall be
the one lump sum bid therefor per filter, which shall include all
labor and materials required in connection therewith.
B. Drainage of Roof for Filters. Item 14.
139. Work.—The contractor shall furnish two-inch agricultural
drain pipe, and shall build a line of such pipe into each pier in the
filters, shail provide a strainer of brass wire cloth, eight inches square,
made of No. 15 wire, with 4 meshes to the inch, and shal] place the
same over the top of each pipe. Over each strainer he shall place one
24 LEWIS E. SMOOT VS. THE UNITED STATES.
cubic foot of fine screened gravel, coarse enough so that it will z
pass through the wire screen and fine enough to retain the sa
— upon it. Above and about the gravel he shall place ten @
eet of sand like that specified for making concrete. Ir
the cross-walls shall be drained by two-inch tile pipes, going through
the vaulting, and spaced about 28 feet apart, and with as much two.
inch pipe laid in the gutter connected with it as is used in two piers,
and surrounded by — and sand, placed as directed, amounting to
1 cubic foot for each lineal foot of cross-wall. The contractor shall
maintain these pipes open and shall dig out and open any which
may prove to have been stopped up by mortar or otherwise, upon the
completion of the work.
140. Compensation.—The ony paid for furnishing and placi
once materials shall be the one lump sum per filter bid
erefor.
40 C. Steel Pipe Lines and Appurtenances. Item 15.
141. Work.—The contractor shall furnish and place steel pipe
— with all accessories as shown upon Sheet No. 13 of the contract
plans.
Character of Steel in Plates and Rivets.
142. Steel—The steel used in making plates shall be soft steel,
made by the open-hearth process. For the purpose of identification,
each melt of steel shall be numbered consecutively and the corre-’
sponding number shall be stamped on each sheet or plate produced
therefrom. Each plate shali also have a consecutive plate number
cleariy stamped upon it. All such stamping shall be deep enough to
be readily legibie after pipe is coated.
143. Place of Manufacture.—The contractor shall notify the En-
gineer Otticer in charge of ali places where steel plates and rivets are
to be made, and of the piace of manufacture of the pipe, and the
dates on which the various operations will be commenced.
144. Test Specimens.—The contractor shall furnish and prepare
at his own expense ail required test specimens, which shall be seiected
at random by the Engineer Officer in charge. They may be taken
from twenty per cent of the plates produced from each melt, and
at least two shall be taken.
145. Failures—The failure of the test specimens to fully and
satisfacioriiy conform to the requirements of these specifications
shail be sufficient cause for the rejection of the entire melt from
which the sampies were obtained.
146. Steel for Plates——The steel for plates shall not contain more
than five one-hundredths of one per cent of sulphur, not more
than five one-hundredths of one per cent of phosphorus, and not
more than five-tenths of one per cent of manganese.
41 147. Analysis —At least one chemical analysis shall be
made from each melt of steel and the result shall be furnished
to the Engineer Officer in charge.
148. Tensile Test Specimens.—Tensile test specimens shall be cut
he space over :
COPY BOUND To «
—_—
LEWIS E. SMOOT V8. THE UNITED STATES. 24
both lengthwise and crosswise from the plates, which shall be rectan-
gular in shape, and one and one-half inches wide, of the thickness
of the plates and eight inches long between measuring points.
149. Tensile Strength—tThe tensile strength of steel for plates
shall be between the limits of fifty-two thousand and sixty-two thou-
sand pounds per square inch. The elastic limit shall not be less than
thirty-one thousand pounds per square inch; the elongation shall
not be less than twenty-five per cent longitudinally of the plate and
twenty-two per cent transversely of the plate, and there shall be a
reduction of area of not less than fifty per cent at the point of frac-
ture, which shall be silky in character.
150. Bending Test Specimens.—The bending test specimens shall
be cut both lengthwise and crosswise from the plates and shall not
be less than six inches long, one inch wide, and of the thickness of
the plate. They shall bend cold one hundred and eighty degrees,
or “double flat”” when hammered, without showing the least sign
of fracture, and also withstand the same test after having been
heated to a dull red heat and quenched in cold water.
151. Drifting Test Specimens.—Drifting test specimens shall be
three inches wide and six inches long. They shall have two holes,
three-fourths of an inch in diameter, spaced two inches between cen-
ters, punched in the center line of the specimen. These holes shall
then be enlarged by a drift pin while the specimen is cold, until the
holes are at least twice their original diameter, without showing any
signs of cracks,
152. Hammering and Scarfing.—Plates shall also be capa-
42 ble of enduring cold hammering or scarfing to a fine edge
without cracking or showing signs of fracture.
153. Other Test Requirements—Plates shall withsta-d such
enching, forging and other test requirements as shall satisfy the
ings Officer in charge and suffice to fully exhibit the fitness of
the material for the use to which it is to be put.
154. Character of Plates—The plates shall be free from lamina-
tion, blisters and all surface defects; they shall have clean edges and
a workmanlike finish throughout.
155. Rolling and Shearing —All plates shall be rolled as flat and
sheared as accurately as good mill practice will permit, but in no
case shall they be scant of the prescribed dimensions, and they shall
be in all respects in a good merchantable condition.
156. Thickness.—The plates shall be fully up to the required
thickness at the edges, ninety-five per cent of the plates shall be of
the full required thickness at all points, and any plate whose thick-
ness at any point is less than ninety-five per cent of the required
| thickness shall be rejected forthwith.
157. Defects——Any sheet or plate showing any defect during the
process of manufacturing into pipes, while laying, or during any
liminary or final tests, shall be rejected and shall immediately
i repleced by the contractor, nothwithstanding that test pieces from
the melt from which said plates were manufactured, and the plates
themselves, have previously passed the specified tests and require-
ments.
4—208
CLOSE IN CENTER
———
LEWIS E. SMOOT VS. THE UNITED STATES.
158. Rivets—All shop rivets shall be made of open-hearth soft
steel for which the chemical and physical requirements and pre —
scribed tests shall be the same as those of the steel plates.
159. Tests.—Rivets in addition shall withstand the followi
tests: They shall, when cut from a riveted plate with a co
43 chisel, show a tough and strong condition without fracture,
160. Rivets for Field Use.—Rivets for field use may be
made of the best quality of wrought-iron, if preferred by the con-
tractor, but in such case shall conform to such requirements and
tests as prescribed by and shall be entirely satisfactory to the En-
gineer Office- in charge.
161. Rust.—All plates and rivets shall be free from rust and shall
be kept under cover from the time of manufacture, during storage
and transportation and until made into the pipe and the same is
dipped and loaded at the place of manufacture. In ease of acci-
dental rusting such plates and rivets shall be rejected, unless in the
opinion of the Engineer Office- in charge they can be and are satis-
factorily cleaned before manufacture and coating.
C. Manufacture of Pipes.
162. Manufacture—The plates shall be rolled while cold to true
evlinders. No heating nor hammering shall be allowed for shaping
or curving or for any other purpose. All parts must be adjusted to
a perfect fit and properly marked.
163. Courses—The pipe shall be made with alternate inside and
outside courses and the diameter designated shall be measured as of
the inside of the inside course. The lengths of the sheets may be
varied within reasonable limits at the option of the contractor.
164. Edges.—The edge of each plate shall be properiy planed and
beveled for caulking all around, both inside and outside. At the
end of each course and at the junction of the circular and longitudi-
nal seams, the plates shall be reduced by hammering to a fine edge, .
through which two of the rivets of the circular seam shall be driven
to insure tightness. No beveling by shearing shall be done
dd and all beveiing, planing and chipping of edges shall be done
before the courses are put together.
165. Laying Out Work.—The work shall be carefully and ac
curately laid out, all rivet holes shall be spaced with precision and
shall be one-sixteenth of an inch greater in diameter than the diam-
eter of the rivet when cold. They shall be clean cut, without torn
or ragged edges, and in punching only the best and sharpest punches
and dies shal! be used. The Engineer Officer in charge shall have
the right to order a change of punch or die whenever the holes
punched are not to his satisfaction.
166. Punching.—‘he punch shall be applied to that side of the
late which is to be placed in contact with another plate, and all
on or splits caused by punching shall be removed by counter-
sinking.
167 Corresponding Holes.—Corresponding holes shall coincide
to within one thirty-second of an inch and they may be slightly en-
larged by a sharp reamer or drill if necessary to fit.
3
j
LEWIS E. SMOOT YS. THE UNITED STATES. 27
168. Drifting.—No drift pins shall be used in forcing holes ex-
cept when, in the opinion of the Engineer Officer in charge, slight
drifting will not materially reduce the strength of the plate: and all
plates in which corresponding holes can not be made to receive the
rivet of the specified diameter in this manner shall be reiected.
169. Shop Riveting —All riveting in the shop shall be done by
steam, compressed air or hydraulic machinery, exerting a slow
pressure which shall be maintained until the rivet head has lost its
redness. Before any rivets are driven the plates shall be perfectly
clean and shall be brought in close contact by a suitably applied
pressire. which shall be maintained until the rivet is driven.
170. Driving.—All rivets shall be driven hot and at such heat
as to give the best possible results when driven. Any rivet
45 that may have been driven cold or overheated, or is in any
way defective, shall be cut out and replaced by the contractor
by one that is acceptable. All rivets shall be perfect in form and
shall, when driven, completely fill the holes and have heads of proper
form and size and truly concentrie with the shank of the rivet.
171. Special Rivets.—Rivets of special length shall be provided
when riveting throuvh more than two thicknesses.
172. Caulking.—The pipe shall be caulked at the shop in the best
‘manner and by the most improved method at all seams and joints,
both inside and outside, before the protecting coating is applied. All
caulking shall he done by a round-nosed tool, and split caulking
shal] not be used.
173. Plates—The plates shall be five-sixteenths of an inch thick
and shall be riveted with three-quarter-inch rivets. Rivet holes shall
be thirteen-sixteenths of an inch in diameter; the approxiinate pitch
shall be one and nine-tenths inches and the lap at joints shall be two
and three-eighths inches. All seams shall be single riveted. The
itch may be varied sufficiently to give an even number of divisions
in each plate. The lap shall not vary at any point more than one-
fourth of an inch in either direction.
174. Manholes—The contractor shall furnish and put in place
in a workmanlike manner all required manholes in the steel pipe,
with covers, chains, yokes, gaskets, and bolts complete.
175. Castings.—The castings for the manhole covers and for any
other cast-iron used under this item, shall be made of tough gray
iron, which shall exhibit a uniform and close-grained fracture, free
from any white, mottled or vitreous appearance, and shall be soft
enough to be readily cut, drilled and chipped.
176. Hand Holes.—Hand holes, if necessary shall he provided
satisfactory to the Engineer Officer in charge, and shall be
46 properly tapped and closed by threaded plugs after the sec-
tions are connected up in the field and before the trench is
backfilled.
177. Branches—Branches leading to other steel pipe shall be
made entirely of steel plates formed and riveted in a substantial and
water-tight manner, conforming in all respects to the specified re-
quirements for straight steel pipe.
178. Attaching Smaller Lines—Smaller pipe lines of cast iron,
LEWIS E. SMOOT YS. THE UNITED STATES,
and all connections not otherwise specified, shall be attached by close. —
fitting steel castings, suitably riveted and caulked to the pipe and
carrying a flange or bell to be bolted or leaded to the cast-iron pipe
or gates.
179. Castines.—The castings shall be of the best quality, thor.
oughly annealed. free from anv and all defects and imperfections
and entirely satisfactorv to the Encineer Officer in charge.
180. Rings.—Four rings of steel angles of the same quality, in
chemical, phvsical and test requirements as the plates, shall be
p'aced around the exterior of each line of steel pipe and be riveted
aud caulked thereto within twenty feet of the end to bind it to the
concrete. Two 48-inch, two 54-inch and two 72-inch ends shall be
fixed in this way.
181. Other Work.—All other special steel pieces required for the
steel pipe lines, such as connections, closing pieces, reducers, in-
creasers, branches and pieces involving any kind of boilermaker’s
work shall be manufactured in the most approved manner, of the
best material.
182. Specials—The angles, curves and specials shown by the
contract plans are such as it is now believed wil] will be required,
but if obstacles are encountered which, in the opinion of the En-
gineer Officer in charge, require modification of the lines or of the
curves and specials, such modification shall be made by the con-
tractor.
47 183. Shop Drawings.—The contractor shall submit to the
Engineer Officer in charge copies of shop drawings, showing .
the details of connections and of any proposed construction not
fully covered by the contract plans. Such drawings shall be sub-
mitted in duplicate, one copy to be returned to the contractor with
the ——- of the Engineer Officer in charge, the other to be re-
tain the Engineer Officer in charge.
184. Testing Sections——After several pipe sections have been
riveted together in the shop and before the protective coating has
been applied, every fourth made up section shall be tested by hy-
draulie pressure at fifty pounds per square inch.
185. Tests by Contractor—All such tests shall be made by the
contractor, who shall supply the necessary clean water, apparatus,
caps and appliances without charge.
186. Leakage.—All leakage shall be made tight under pressure
by suitable caulking with the proper tools. Rivet caulking to insure
tightness shall not be allowed if the rivet is loose, nor unless the leak
is very slight and easily closed up. Otherwise the rivet shall be cut
out in a careful manner and a new one inserted and headed up tight
while hot. If the leaks are numerous and of a nature not to be well
repaired, the whole section shall be rejected.
187. All Sections May be Tested.—The Engineer Officer in charge
reserves the right to test all sections if the tests of every fourth section
do not show the pipe to be substantially tight and to reduce the
number of sections tested when all sections tested are tight.
188. Cleaning.—After the pipe shall have been tested and made
perfectly water-tight, it shall be thoroughly cleaned and all moisture,
LEWIS E. SMOOT VS. THE UNITED STATES. 29
rust, dust, earth and foreign substances shall be removed from both
the inside and outside.
48 189. Dipping.—The pipe shall then be immediately heated
to three hundred and Atty degrees, Fahrenheit, after which
it shall be coated by being dipped vertically in a bath of special pipe
zesting manufactured by the Assyrian halt Company of Chi-
cago, Ill., or other material equally as good and approved by the
Engineer Officer in charge. The bath shall be heated in such a
manner as to insure a temperature of three hundred and fifty de-
grees, Fahrenheit.
190. Dipping Material —The dipping material shall be kept free
from sand, grit, or other foreign material. To obtain this result the
contractor shall, as often as is necessary in the opinion of the Engi-
neer Officer in charge, empty the tanks of their contents and refill
them with clean and pure material.
191. Coating.—The protective coating shall be smooth and hard,
yet tough, elastic, strongly adhesive to the metal and durable; and
it shall be free from blisters and bubbles. It must not become soft
enough to flow when ex to the summer heat, nor brittle enough
to crack and scale off when exposed to a temperature below freezing.
192. Imperfections.—If, after any section of pipe shall have been
coated, any imperfections in the coating are found, or if for any
reason it does not give satisfaction, such section or sections shall be
cleaned in a thorough manner of all coating, and a new application
made in a manner approved by and satisfactory to the Engineer
Officer in charge.
Transportation and Laying.
193. Protection.—During . storage, transportation and laying,
pipes shall be carefully protected so that the coating shall not be
removed, abraded or injuréd in any manner. No metal wedges,
levers, or pries shall be used in handling the pipe.
49 194. Damaged Pipe.—In case any pipe or special piece re-
ceives any indentation or deformation at any time, it shall
be returned to the proper shape by hammering with wooden tools,
then thoroughly cleaned and redipped or recoated as heretofore de.
scribed; or it shall be replaced with new pipe if so ordered by the
Engineer Officer in charge.
195. Laying.—The pipe shall be laid in the trench and made to
bear uniformly along the whole length, and suitable blocking shall
be provided to secure this, and to maintain the pipe the proper dis-
tance above the subgrade, where concrete is to be placed under the
P06. Bolting —In connecting up the pipe before riveting, a suf-
ficient number of bolts of the proper size shall be placed in the rivet
holes and drawn up, to keep the sections in line and-to insure against
any pulling apart or separating which would produce unfair holes.
197. Riveting.—After the pipes have been properly placed and
connected they shall then be riveted up in a workmanlike manner
and the joints caulked.
LEWIS E. 8SMOOT VS. THE UNITED STATES.
198. Shop and Field Riveting—All provisions for shop riveting
—_ aang shall also apply, as far as practicable, to work done in
e field.
199. Protection —During the laying, riveting and caulking and
while men are at work inside or about the pipe, it shall be covered
inside on the lower part and also on the top outside with suitable
canvas or other approved covering, which shall be stretched over por-
tions where the men are at work.
_ 200. Covering —The said covering shall not be less than thirty
inches wide and shall be free from holes. This covering shall remain
on the outside until backfilling has reached the place. / fter the in-
side covering shall have been removed no person shall go into the
pipe without wearing rubbers or rubber boots.
201. Floating and Caving—The contractor shall take
50 every precaution against the floating of the pipe or caving of
the sides, due to water coming into the trench. In case of
such flotation he shall replace the pipe at his own expense, and make
wholly good any injury or damage which may have resulted to it.
202. Cleaning.—After the pipe in the trench has been riveted and
caulked it shall be thoroughly cleaned inside and outside, and all
abrasions and injuries to the coating shall be thoroughly repaired
and all field joints coated as follows:
203. Recoating—The pipe at all such places shall be thoroug
heated by a flame, and coating material, as hereinbefore speci
shall be applied to it at a suitable tempereture. The places shall be
further heated until the new coating joins and becomes thoroughly,
incorporated with the coating previous —
al
204. Excavations —The contractor s make excavations for all
steel pipe, and shall maintain them from caving in, and shall use
such sheeting, bracing and shoring as shall be necessary for this
purpose. Where piping is laid in embankment or fill, the embank-
ment or fill shall first be built and then a trench excavated and the
pipe laid, and the trench backfilled as specified. In no case shall the
trench be excavated until the embankment is at least one foot above
the top of the pipe.
205. Concrete.—The contractor shall surround all steel pipe with
concrete and shall build manholes as shown. The concrete shall be
composed of materials as specified under concrete masonry, and shall
be mixed in general in the same way, but if the pipe is placed before
the contractor has his concrete mixing apparatus in operation, con-
crete mixed by hand, under the instructions of the Engineer O
in charge, shall be accepted. The concrete sections shall conform
in general to those shown on the plans, but the exact sections will not
be rigorously insisted upon. The essential requirement is
51 that the pipe shall be entirely surrcunded by concrete, that
the thickness of the conerete shal!, at no point, be less than
six inches, and if possible that the whole space between the bottom
and sides of the trench and the steel pipe shall be filled with con-
crete, making a perfectly solid structure resting on undisturbed ma
terial and protecting the pipe against deformation. Where the
trench is made considerably wider, however, particularly at joint
:
Puce?
LEWIS E. SMOOT VS. THE UNITED STATES. 31
holes, the contractor shall be allowed to put in substantial plank
forms at a minimum distance of 9 inches from the pipe on the sides
and to fill this — with concrete and to fill the spaces outside with
earth, rammed hard, the forms preferably being left in place. The
United States will furnish the cement for concrete, but the contractor
shall supply all other materials and labor.
206. Refilling——The contractor shall refill the trench over and
around the pipes and structures to the required grade immediately
after the completion of such successful examination as shall be ap-
plied and the work approved by the Engineer Officer in charge.
207. Backfilling—The backfilling shall in all cases be done with
materials obtained” in excavation, placed in 6-inch layers and shall
be rammed solid, using such amount of water as shall be directed,
and all to be done to the satisfaction of the Engineer Officer in
charge. Special eare shall be exercised in backfilling about structures
likely to be deformed, broken or displaced.
208. Surplus Material—Surplus material shall be disposed of in
the same manner as specified for excavation.
209. Bid for Furnishing and Laying —The cost of excavation and
refilling trenches and disposal of surplus material, and of concrete,
is included in the price bid for furnishing and laying steel pipe, and
no separate or additional payment shall be made therefor.
52 D. Cast-iron Pipe and Specials. Item 16.
210. Work.—The contractor shall furnish and place in position
free from foreign matter and ready for use, all the cast-iron pipes,
specials and appurtenances shown upon Sheets Nos. 14 and 15.
211. Character—The cast-iron pipes and specials shall conform
to the plans on the abovementioned chests and to the dimensions
and specifications adopted by the New England Water Works Asso-
ciation, a copy of which is on file in the office of the Engineer Officer
in charge.
212.’ Unused Pipe-—The United States shall own all cut and un-
used pipe at the completion of the work, and the contractor shall pile
up neatly all such material at some point upon the grounds desig-
nated by the Engineer Officer in charge.
213. Additional Pipe—Should additional pipe or specials be
found necessary to carry out the general plans shown, it shall be
furnished by the United States.
Laying.
214. Work.—Proper and suitable tools and appliances for the
safe and convenient handling, conveying and laying of the pipes
shall be used. Care shall be taken to prevent the coating from being
damaged, particularly on the inside of the pipes.
215. Cleaning —The pipes shall be thoroughly cleaned before
being laid and shall be kept clean during the work.
216. Defects.—All pipes and special castings shall be carefully
txamined for defects, and no pipe or special casting shall be laid
LEWIS E. SMOOT VS. THE UNITED STATES.
which is known to be defective. If any such pipe or special casting —
shall be discovered to be defective after being laid, it shall be re
moved and replaced by the contractor.
53 217. Blocking.—Each length of pipe shall be laid upon
blocking, placed at two different — along its length.
218. Blocking.—The blocking shall of sound plank three
inches thick, ten inches wide, and of a length equal to the diameter
of the _ pipe. Wedges twelve inches long of four-inch
by four-inch stuff shall be placed on the blocking to hold the
pipe in position. The blocks shall be bedded level across the bottom
of the trench, and, when any block has been sunk too deep, ad-
ditional blocking shall be placed to bring the pipe to the required
6, ¢.
219. Joints.—In making joints the spigots shall be adjustedim
the bells so as to give a uniform all around, and the joints shall
be made with twisted or braided hemp packing and soft pig lead.
The packing shall be thoroughly driven into the bell so as to leave
a _ at least two inches in depth, for bevy less than twenty-four
inches in diameter, and at least two and one-half inches for pipes
twenty-four inches and larger in diameter.
220. Melting Pot.—The melting pot shall be kept near the joint
to be poured, and dross shall not be allowed to accumulate in the pot.
221. Caulking.—The joints shall be thoroughly caulked by com-
petent mechanics, in such a manner as to secure a tight joint with-
out overstraining the iron of the bell.
222. Joints—The contractor shall furnish the lead, packing and.
other materials for making the lead joints. He shall also furnish
and place all bolts, nuts, washers and ro for making all —
connections, and shall cut all pipe and drill all holes that may
necessary.
223. Pipes Through Walls——Where cast-iron pipes pass through
masonry walls.they shall be built into and carefully surrounded by
concrete where shown, or as ordered, and lead joints shall be
54 made within thirty inches of the exterior face of the wall. The
piping will be laid out, as far as possible, to bring joints
within this distance, but where necessary, pipes shall be cut to make
lead joints in these positions.
224. Venturi Meter—The United States will urnish a Venturi
meter, with a laying length of about 15 feet 3 inches, to go in the
effluent pipe from each filter, and will furnish all gates, connected
with the pipe by lead joints, and built into or surrounded by ma-
sonry, and the contractor shall excavate for, lay and connect up
Venturi meters and gates with the iron pipe in a substantial and
workmanlike manner. To facilitate draining the Venturi meters
shall not be set until after the completion, cleaning and inspection
of the corresponding central drains or filters.
225. Gates.—All gates bolted to flanges in gate chambers and in
the filters will be furnished by the United States, and placing them
is not included in this contract.
226. Excavations.—The contractor shall make excavations for all
pipes, and shall maintain them from caving in, and shall use such
LEWIS E. SMOOT V8. THE UNITED STATES. 33
sheeting, bracing and shoring as shall be necessary for this purpose.
Where piping is laid in embankment or fill, the embankment or
fill shall f first built and then a trench excavated and the pipe laid,
and the trench backfilled as specified. In no case shall the trench
be excavated until the embankment is at least one foot above the top
of the pipe.
227, Refilling —The contractor shall refill under, around and
over all pipes and structures to the required grade immediately after
the completion of such satisfactory examinations as shall be applied,
and the work approved by the Engineer Officer in charge.
228. Backfilling—The backfilling in all cases shall be done with
materials obtained in excavation, placed in 6-inch layers and shall
j be rammed solid, using such amount of water as shall be
55 directed ; and all to be done to the satisfaction of the Engineer
Officer in charge. Special care shall be exercised in back-
filling about structures likely to be deformed, broken or displaced.
229. Surplus Material.—Surplus material shall be disposed of in
the same manner as specified for excavation.
230. Bid for Furnishing and Laying.—The cost of excavation and
refillimg trenches and disposal of surplus material is included in the
price bid for furnishing and laying cast-iron pipe’ and specials, and
no separate or additional payment shall be made therefor.
D. Sand Washing Pipe. Item 17.
231. Work.—The contractor shall furnish and lay a system of
sand washing pipe, as shown on Sheets Nos. 22 and 23. All gates and
hydrants under this item will be furnished by the United States.
All other materials and labor shall be furnished by the contractor.
232. Character—The cast-iron pipe and specials shall be of the
quality and conform to the requirements under Item 21, except that
the dimensions and thicknesses and weights shall conform to Class
G of the New England Water Works Association specifications. The
pipes shall be laid in the manner specified for “Cast-Iron Pipe and
Specials” under Item 16.
233. Laying.—When the pipes are placed in embankment, they
thall be laid in a ditch which shall be dug after the embankment
is at least eighteeen inches above the center of the pipe line.
A ee shall be done as specified under
tem 15.
235. Fasteners.—Strong and suitable fasteners or hangers shall
be attached to the sides of the filter walls, for the purpose of support-
ing the pipes attached to them.
236. Supply Lines.—The supply lines and the ejector lines from
the points just inside the filter walls shall be of standard wrought-
iron pipe as shown upon Sheets Nos. 22 and 23. It shall be
56 thoroughly coated inside and out, as well as all fittings, with
i. a suitable asphalt coating approved by the Engineer Officer
charge.
237. Connections.—At intervals on each line there shall be stand-
and male connections for 24% inch hose and controlled by a gate.
5—208
34 LEWIS E. SMOOT VS. THE UNITED STATES.
On the cross-walls one-half of these connections shall have outlety
on the opposite side of the wall, and the pipe connections shall
through the 6-inch openings provided therefor under Item 22. The
contractor shall furnish the flanges to connect the wrought-iron pj
to the cast-iron pipe, and all couplings, tees, bends, and specials of
every description to complete the system as shown.
238. Test—The whole system shall be tested with one hundred
and twenty-five pounds pressure per square inch and made water.
tight at this pressure. All materials for testing shall be furnished by
the contractor at his own expense.
239. Unused Materials The United States shall own all unused
materials and the contractor shall deliver them at some convenient
point upon the grounds designated by the Engineer Officer in charge,
Should pipe or specials be required to finish the system in addition
to those shown by the schedule on Sheet No. 22 they shall be fur.
nished by the United States.
240. Cenmpeniiiitie Atte compensation for this work shall be
the one lump sum bid therefor, which shall include excavation and
backfilling and all labor and materials, except gates and hydrants,
as shown upon Sheets Nos. 22 and 23.
D. Pressure Pipe Systems. Item 18.
241. Work.—The contractor shall place in the wall of each filter
one brass tube with strainer connections, as shown upon Sheet No.
20. He shall connect the same with lead lined pipe or its
57 equivalent, of three-fourths of an inch in diameter, and shall
lay a line of such pipe to a place inside the reguiator house,
corresponding to that filter.
242. Laying %4-inch Pipe.—The contractor shall also lay %4-ineb
pipes of the kind above described, connecting one with the throat and
with one end of each Venturi meter and going therefrom to pots
inside the corresponding regulator house.
243. Pressure Pipes.—All pressure pipes shall be laid on a regular
ascending or descending grade, at least four feet below the court
level and at the elevation necessary to serve its purpose.
244. When placed in embankment they shall be laid in a ditch
which shall be dug after the embankment is carried to a point at
least one foot above the pipe. The backfilling shall be done as speci-
fied under Item 15.
245. Material.—All pipe and material required for this work will
be furnished by the United States.
246. Compensation.—The compensation for the system of pressure
indicator pipes shall be the one lump sum bid therefor and shall in-
clude all labor and tools for doing the work as above specified. It
shall also include compensation for all necessary ¢xcavation and
backfilling.
E. Exterior Drains and Manholes. Item 19.
247. Work.—The contractor shall furnish and lay all exterior
drains, manholes and catch basins shown upon Sheet No, 16 with
manhole details as shown on Sheet No. 11,
1-0 ep emaggen
COPY BOUND T'
LEWIS E. SMOOT VS. THE UNITED STATES. 35
249. Quality—All pipe shall be of the best quality, sound,
58 hard burned, salt glazed vitrified clay, with surfaces smooth,
hard and even, of uniform texture, free from blisters, cracks,
flaws and any imperfections, and acceptable to the Engineer Officer
in charge in every respect. The pipe shall be true in shape and form,
and of full diameter throughout, and either straight or of the re-
quired curvature.
250. Size of Bells—The bells shall be of the standard depths, and
large enough to receive to their full depth all spigot ends without
chipping and to leave a space of not less than one-fourth of an inch
around for the cement.
251. Inspection and Tests—All pipes and specials shall be sub-
ject to such inspection and tests on delivery as the Engineer Officer
in charge shall require, and shall be subject to his approval or re-
jection, and all rejected or damaged pieces shall be broken and re-
moved immediately from the work and replaced by such as are ac-
ceptable to the Engineer Officer in charge.
252. Joints—The joints shall be made as follows: A gasket of
vakum thoroughly saturated with neat Portland cement shall be
carefully coiled and pressed into the joint around the entire cireum-
ference of the pipe. No joint shall be cemented until the gasket of
the next joint in advance has been completed.
253. Mortar.—Portland cement mortar. composed of one part
of cement and two parts of sand, each of the quality specified for
“Concrete,” shall be pressed into the space between the Be and the
spigot so as to fill it entirely. The bevel of the joint at the end of the
weket shall be carefully and evenly made.
254. Excavation—The excavation made for - socket of the
ipe shall be filled with sand to sup the pipe firmly in position.
When a joint is completed great pt gt be be Ghen ae to disturb
it before refilling.
255. Branches.—Branches shall be provided and placed
9 = at all points shown by the plans or necessary for the com-
pleteness of the work, as directed by the Engineer Officer in
e.
256. Drains.—All drains chall be cleaned and kept free from all
dirt, cement, superfluous materials and obstructions as the work
ate and the contractor shall finally make good all defects be-
the acceptance of the work.
257. Manholes.—The contractor shall construct all manholes on
the lines of the drains shown by the plans. The manholes and
thambers shall conform in size, form, thickness of walls and dimen-
tons of details, as shown on Sheet No. 11. The side walls shall be
d brick and the bottoms of concrete, all of which are included in the
me lump sum bid.
258, ders and Frames—The United States will furnish lad-
}CLOSE IN CENTER
$6 LEWIS E. SMOOT VS. THE UNITED STATES,
ders and frames with covers, and inlet castings as shown on the ~
plans, and the contractor shall set and securely fasten them to or
into the masonry as required.
259. Excavations—The contractor shall make the excavations for
all drains, and shall maintain them from caving in, and shall use
such sheeting, bracing and shoring as shall be necessary for this pur-
pose. here piping is laid in embankment or fill, the embankment
or fill shall first be built and then a trench excavated and the pipe
laid, and the trench backfilled as specified. In no case shall the
trench be excavated until the embankment is at least one foot above
the top of the pipe.
260. Refilling.—The contractor shall refill, under, around and
over all pipes and structures to the required grade immediately after
the completion of such satisfactory examination as shall be applied
and the work anproved by the Engineer Officer in charge.
261. Backfilling.—The backfilling shall in all cases be done with
materials obtained in excavation. placed in six-inch layers
60 and shall be rammed solid, using such amount of water as
shall he directed: and all to be done to the satisfaction of the
Encineer Officer in charge. Special care shall be exercised in back-
filling about structures likely to be deformed, broken or displaced.
Pipes found broken before the final acceptance of the work shall be
rerlaced by the contractor.
262. Surplus Material—Surplus material shall be disposed of in
the same manner as specified for excavation. .
263. Comrencation—The cost of excavation and _ refilling.
trenches and disposal of surplus material is included in the price
bid for furnishing and laying exterior drains and manholes, and
no separate or additional payment shall be made therefor.
F. Main Filter Underdrains. Item 20.
264. Work.—The contractor shall nlace the central underdrain
in each filter as shown by the plans. The necessary excavation shall
be paid for by the cubic yard under the item therefor. The vitrified
pipe and branches shall conform to the specifications for pipe under
Item No. 19. The pine shall be selected in such lengths that the
center of each branch shall come within 6 inches of the point desig-
nated for it, which points are, in general, 14 feet apart. This can be
accomplished by using pipes of different lengths, and the pipes shall
be selected in lengths to accomplish this purpose.
265. Joints——All joints shall be made watertight by first using
a small jute gasket thoroughly saturated with neat Portland cement
carefully coiled and placed in the bell of the pipe. The joints shall
then be made of Portland cement mortar of one part of cement and
one part of clean, sharp sand. The mortar after being pressed into
the joint by hand shall present a beveled surface, the outer edge of
which shall be flush with the bell of the pipe. The joints
61 shall be carefully and thoroughly swabbed as soon as made.
The open ends of the pipe already laid and all branches shall
_ protected so that no dirt or other obstructing material can enter
e Same.
LEWIS E. 3MOOT V8. THE UNITED STATES. 37
266. Laying Pipe.—The pipe shall be supported and shall be
carefully surrounded by concrete without floating or moving it.
The concrete shall be paid for as concrete in floors. The concrete
shall be brought flush with the top of the pipe, but shall not en-
tirely cover it. The contractor shall provide suitable and substantial
closing blocks for all openings to prevent the admission of foreign
matter during the subsequent operations, and shall maintain them
in place until after the completion and cleaning of the masonry of
the filter and the removing of the centers for the vaulting. ‘The
contractor shall then cause the drain to be inspected and cleaned,
and shall remove all foreign matter then found in it.
267. Payment.—Payment for laying main underdrains shall be
at a price per foot, and shall include compensation for all labor and
materials required therefor, except that cement shall be furnished
by the United States.
F. Interior Drainage System with Open Joints. [tem 21.
268. Work.—The contractor shall provide and place salt-glazed
vitrified pipe on the floor of each filter to form the underdrainage
stem.
VThe kinds of pipe required are:
Split 15-inch pipe without bells, ‘in 214-foot lengths. .
Split 12-inch pipe, with bells, in 2-foot lengths.
6-inch pipe with bells cut away, in 2-foot lengths.
6-inch pipe with bells cut away, in 1-foot lengths.
Plugs for closing ends of 6-inch pipe.
6-inch quarter bends.
6-inch tees.
Special increasers.
62 269. Pipe.—The vitrified pipe shall conform to the speci-
fications for vitrified pipe under Item 19.
270. Plugs.—For the plugs at the ends of the lines plugs may be
used leaving annular spaces for the admission of water, or three
bricks may be used, the object being to prevent the admission of
gravel but to admit water from the gravel.
271. Special Increasers.—The special increasers may be made of
vitrified pine or of artificial stone equal to the sample exhibited in-
the office of the Engineer Officer in charge.
272. Pipes——The number of pieces of pipe of each kind is shown
in a table on Sheet No. 18. No pipe shall be cut, but all ends and
changes in kind of pipe shall be at the nearest even length and the
point shown.
273. Placing—All pipe shall be placed with open jcints and
about three-fourths of an inch shall be left between the barrels of
each two pipes for the admission of water. They shall be placed
on the concrete floors of the filters and surrounded by gravel paid
. for under Item No. 22.
274. Compensation—The price bid for interior drainage sys-
tems with open joint per filter includes furnishing and laying pipe,
plugs, curved lengths, increasers and all other specials as Jisted, and
38 LEWIS E. SMOOT V8. THE UNITED STATES.
maintaining them in their proper positions clean and free from :
foreign matter until surrounded and covered by gravel.
G. Filter Gravel. Item 22.
275. Work.—On the floor of the filters and surrounding the un-
derdrains shall be placed gravel or broken stone having a maximum
depth of 1 foot. Instructions will be given by the Engineer Officer
in charge as to the exact arrangement and positions of the various
layers when the stone commences to be received upon the
63 ground, but the arrangement will be approximately as fol-
lows: The lower 7 inches shall consist of broken stone or
gravel which will remain upon a screen with a mesh of 1 inch, and
which has but very few stones over 2 inches in diameter. Above
this shall be placed 2% inches of broken stone or gravel which has
passed a screen with a mesh of 1 inch, and which remains upon a
screen with a clear mesh of %-inch, and above this shall be placed
2% inches of broken stone or gravel which has passed a screen with a
mesh of 3g-inch, and which is coarser than the ordinary sand, and
entirely free from fine material. The exact depths of the various
layers and the meshes of the various screens may be varied some-
what, and the contractor will be allowed to make such reasonable
changes as will allow the material to be handled economically and
to the best advantage; but before making any changes he shall con-
sult with the Engineer Officer in charge, and no change shall be
wag which will in any way interfere with the efficiency of the
ter.
276. Gravel.—Gravel shall not be placed within 6 feet of the
inlet chambers, nor within 2 feet of the outside or cross-walls, these
spaces being reserved for filling with sand.
277. In case the gravel used for the lower lavers should contain
any material so fine that the pieces might enter the joints of the
drain pine, the Envineer Officer in charge may order coarser ma-
terial to be selected from the gravel or broken stone and to be placed
about the ioints, the quantity of such material not to exceed 1 cubic
foot per joint.
278. Material_—The material for all of the layers may be broken
trap rock or granite screened to the proper sizes, or gravel sceened
from sand and gravel banks of a sandy nature. Gravel screened
fom hard-pan or clayey material can not be sufficiently cleaned.
The gravel shall not contain more than a very small amount
64 of shale or limestone. The gravel shall be washed entirely
free from fine material so that water passing through it or
agitated in contact with it will remain substantially clean. No dirt
or foreign matter of any kind shall be allowed to enter the filters
after beginning to place the gravel, and any gravel made dirty in
any way after placing shall be at once removed and replaced to the
satisfaction of the Engineer Officer in charge.
279. Compensation.—The price bid per cubic yard for filter gravel
includes the screening, washing and placing of all the different
grades above enumerated, no deduction being made for the space
occupied by the underdrains.
LEWIS E. SMOOT YS. THE UNITED STATES.
G. Filter Sand in Place. Item 23.
280, Character—The filter sand shall be clean river, beach or
bank sand, with either sharp or rounded grains. It shall be en-
tirely free from clay, dust or organic impurities, and shall, if neces-
sary, be washed to remove such materials from it. The grains shall,
all of them, be of hard material which will not disintegrate and shall
be of the following diameters: Not more than one-half of one per
cent by weight shall be less than thirteen-hundredths of a milli-
meter; not more than eight per cent less than twenty-six hundredths
of a millimeter. At least seven percent by weight shall be less than
thirty-four hundredths of a millimeter, at least seventy per cent less
than eight-three hundredths, and at least ninety per cent less than
two and one-tenth millimeters. No pr-ticle shall be more than five
millimeters in diameter, and the sand shall be passed through
sereens or sieves of such mesh as to stop all such particles, and no
screen or sieve shall be used containing at any point holes or passages
allowing grains larger than the above to pass. The diam-
65 eters of the sand grains will be computed as the diameters of
spheres of equal volume. The sand shall not contain more
than two per cent by weight of lime and magnesia taken together
and calculated as carbonates. In all other respects the sand shall be
of a quality satisfactory to the Engineer Officer in charge.
281. Foreign Material—The contractor shall take adequate pre-
caution to prevent foreign or polluting material from becoming
mixed with the sand, end shall protect the sand from such material
until the final acceptance of the work or until the filters are put in
operation.
282. Samples.—Samples of sand fulfilling the above requirements
may be seen in the office of the Engineer Officer in charee, and he
will examine samples of sand submitted by intending bidders and
advise them whether or not they are suitable.
283. Placing.—The filter sand shall be placed in the filters in
three layers, each layer to be about one foot thick, and the sand shall
not be dropped from a height into final position or otherwise unduly
compacted. The two first layers may be filled in to only approximate
depths and the surfaces need not be smoothed. The final layer shall
be brought to a true and even grade, and the surface left smooth and
uniform, and such allowance shall be made for settlement as the
Engineer Officer in charge may direct. The depth of sand in dif-
ferent filters will be varied somewhat to facilitate refilling with
washed sand after the plant is put in operation.
284. Compensation.—The price bid per cubic yard for filter sand
includes securing, transporting and placing the sand, together with
all screening, washing or other cleaning which may be necessarv to
make it conform to the above requirements, and the final measure-
ment shall be made in position after the sand is put in place as
required.
66 General Clauses.
285. Plans and Specifications—The plans and specifications are
intended to be explanatory of each other, but should any discrepancy
39
40 LEWIS E. SMOOT VS. THE UNITED STATES.
P< ag or any misunderstanding arise, as to the import of “ay
g contained in either, the explanation of the Engineer Officer
in charge shall be finai and binding on the contractor; and all di-
rections, explanations, and detailed or corrected plans, required or
necessary to complete any of the provisions of these plans and speci-
fications and give them due effect, will be given by the Engineer
Officer in charge.
286. Lines and Grades.—All lines and grades will be given by the
Engineer Officer in charge. The contractor shall furnish such assist.
ance and materials as may be needed to establish such marks, which
must be carefully preserved.
287. Inspection—The Engineer Officer in charge and his assist-
ants shall have access at all times to all parts of any work being do
for purposes of inspection, measurement and establishing lines an
grades. Any inferior work allowed by inspectors, or done during
their absence, shall not relieve the contractor from repairing the
work and removing faulty materials at his own cost. The contractor
shali personally supervise the work, and when not personally pres-
ent, shall be represented by a competent foreman or agent who shall
have full authority to act as the contractor’s legal representative.
288. Workmen.—Only competent and skilful workmen shall be
employed by the contractor, and any workman who, in the opinion
of the Engineer Officer in charge, is incompetent, disorderly, or who
disobeys or evades instructions or embarrasses the progress of the
work, shall be discharged from the work and not again employed
thereon without the consent of the Engineer Officer in charge.
67 289. Time for Work.—No concrete nor puddle shall be
mixed or placed, nor embankment made from December
15th to February 15th, and thereafter until the frost is out of the
ground. All work damaged by frost shall be made good by the
contractor without additional expense to the United States.
290. Cleaning Up.—At his own expense the contractor shall satis-
factorily ciean, maintain and leave in neat condition all ground
occupied by him and all work done under this contract.
291. Extra Work.—The contractor shall do any work not herein
otherwise provided for which may be necessary for the proper com-
pletion of the work, if required, but no such work shall be allowed or
id for except upon a written order signed by the Engineer Officer
in charge, at prices approved by him, and there shall be no claim
for extra work or materials or for damage sustained except under
this article. é ;
292. In case no price is agreed upon, or if the Engineer Officer in
charge shall so order, the actual cost of the work and materials shall
be determined by the Engineer Officer in charge, and the contractor
shall receive as full compensation for such work and materials, the
actual cost with 15 per cent added.
293. Work Done by United States—-The United States will con-
struct the gatehouses, sand washers, pumping station, macadam
roadways and other structures not included in these specifications
and necessary for the completeness of the plant, and the work to be
done under these specifications shall be carried on so as to facilitate
LEWIS E. SMOOT V8. THE UNITED STATES, 41
_ and not to discommode the prosecution of that and other adjoining
and contiguous work, whether done by the United States or by
another contractor.
294. Roadways.—The United States will cause to be main-
68 tained by the contractor reasonable passageways and road-
ways, leaving the necessary clear space, and the work under
each class shall at all times be so carried on as not to interfere with
any other work done in is plant.
—Upon the
make good, all defects in ¢ then or thereafter
be apparent, but the contractors shall not be liable for any damage
caused to the work by the acts of the Engineer Officer in charge or
his representative after such use, unless such damage shall have re-
sulted from defects for which the contractors were responsible.
296. Alterations.—If an emergency demands,
Officer in charge deems it desirable, he shall h
iven the right and power to make any alteration
Fine, grade, plan, form position, dimensions, de
terials of the work herein contemplated, or an
before or after the cpmmencement of constru
such changes and alterations, the same shall
by the Engineer Officer in charge. If such altera
cause diminish the quantity of work to be done f
at the time of letting or if an
be the sole judge.
298. Completion —It is the intention and expectation that the
entire plant will be completed and ready for operation on or before
December 1, 1904, and such a rate of Progress will be required as
will insure the completion of all the work by the date above named.
Any contractor who is awarded one or more classes of work wil] be
6—208
42 LEWIS E. SMOOT VS. THE UNITED STATES.
required to so conduct his operations as not to materially delay, ia
terfere with or discommode the work of other contractors, or that
which may be done by the United States. The Engineer Officer in
charge will endeavor to keep such delay or interference down to a
minimum, but the fact of unavoidable delay or interference of this
kind shall not be made the basis of any claim against the United
States. The Engineer Officer in charge will make every effort to
secure the prompt and timely delivery of all classes of material
herein specified to be furnished or placed by the United States. But
any delay in furnishing or placing such materials shall not be made
the basis of any claim against the United States.
299. The quantities assumed, and upon which bids will be can-
vassed, are as shown in form of proposals. See also Par. 20.
70 Proposals for Filter Materials und Work.
nmin ae, 1908
Lieut. Colonel A. M. Miller, Corps of Engineers, U. S. Army, Wash-
ington, D. C.
CotoneL: In accordance with your advertisement of March 19,
1903, inviting proposals for work and materials for filtration plant,
and subject to all the conditions and requirements thereof, and of
your specifications of same date, copies of both of which are hereto
attached and, so far as they relate to this proposal, are made a part of
it, we or I propose to perform the work or furnish the materials re-
quired as follows, all quantities specified being “more or less.’’ :
rattan - P it. Total.
Excavation : Dols. Cents. Dols. Cents.
A. 880,000 cubic yards at (—) cents per
Th cd ba eectecebeccaer) 990° 20>
Embankment under Filters:
A. 65,400 cubic yards at (—) dollars
and (—) cents per cubic yard..... .... 2... se0e sees
Other Embankment:
A. 46,700 cubic yards at (—) dollars
and (—) cents per cubic yard.... .... ....
Filling Over Filters:
A. 123,400 cubic yards at (—) dollars
and (—) cents per cubic yard..... .... ....
Puddle:
A. 2,000 cubic yards at (—) dollars and
Ray ONE OUND WO cc. est cc cece cose coos VEE
71 Seeding:
A. 31 acres at (—) dollars and (—)
cents per acre
LEWIS E. SMOOT VS. THE UNITED STATES.
Por unit.
Sodding:
A. 9,700 square yards at (—) dollars
and (—) cents per square yard... .
Concrete in Floors:
B. 39,300 cubic yards at (—) dollars and
(—) cents per cubic yard
Concrete in Walls:
B. 26,300 cubic yards at (—) dollars and
(—) cents per cubic yard
Concrete in Piers:
B. 8,200 cubic yards at (—) dollars and
(—) cents per cubic yard
Concrete in Vaulting:
B. 37,400 cubic yards at (—) dollars and
(—) cents per cubic yard
Granolithic Pavement:
B, 35,000 square yards at (—) dollars
and (—) cents per square yard....
Placing Materials in Masonry:
B, Placing materials in masonry, com-
plete, (—) dollars and (—) cents
per filter
Drainage of Roofs:
B. Drainage of roofs at (—) dollars and
(—) cents per filter
Steel Pipe:
C. Steel pipe system, complete, lump
sum, (—) dollars and (—) cents. .
72 ~—Cast-iron Pipe:
D. Cast-iron pipe and _ specials,
plete, lump sum, (—) dollars and
(—)
D. Sand washer system, complete, lump
sum, (—) dollars and (—) cents. .
44 LEWIS E. SMOOT VS. THE UNITED STATES.
Per unit. Total.
Dols. Cents. Dols. Cents,
Pressure Pipe System:
D. Laying pressure pipe system, material
to be furnished by United States,
lump sum, (—) dollars and (—)
GON ns ccc cccttccvcccssctccsse ches 0000. ceoe vedi
Exterior Drainage System and Manholes:
E. Exterior drainage system and man-
holes, complete, lump sum, (—)
Gollars amd (—) COMB. nos cccccce cece seen cove cody
Central Underdrains in Filters:
F. Central underdrains, complete, at
(—) dollars and (—) cents per
EE I eee asbeuniddebechbiescd. sees séxe. dove ohne
Interior Drainage System:
F. Interior drainage —. with open
joints, at (—) dollars and (—)
Cemits per Biker... ccc ccccccivees cose cece cvve vosn |
Filter Gravel:
G. 42,300 cubic yards filter gravel at (—)
dollars and (—) cents per cubic
SE oan bebensdiseesavedustans’ see -seee
73 Filter Sand:
G. 140,200 cubic yards filter sand at (—)
dollars and (—) cents per cubic
OEE, odeksrccdsweseancscdevesds giee cree sece sam
Other Work:
The reasonable cost of the same, as deter-
mined by the Engineer Officer in
charge, with 15 per cent added.... .... ....
We or I make this Ly ego with a full knowledge of the kind,
quantity, and quality of the articles required, and, if it is accepted,
will, after sending written notice of such acceptance, enter into
contract within the time designated in the ifications, with good
and sufficient sureties for the faithful ormance thereof.
ee
[Signed in duplicate. ]
LEWIS E. SMOOT V8. THE UNITED STATES,
| 74 Form 18*,
Guaranty to Accompany Proposal.
(When Guarantor is a Corporation.)
The of °
& corporation existing under the laws of the
State of ——, hereby undertake that if the bid of —— —— here-
with accompanying, dated —— —, 1903, for furnishing —— be
accepted as to any or all of the items of supplies, materials, and serv-
ices proposed to be furnished thereby, or as to any portion of the
same, within sixty days from the date of the opening of proposals
therefor, the said bidder ——, will, within ten days after
notice of such acceptance, enter into a contract with the roper officer
of the United States to furnish such articles of sepplies and ma-
terials and such services of those proposed to be furnished by said
cordance with the terms and conditions of the advertisement invitin
said proposals, and the specifications accompanying the same, al
will give bond with good and sufficient surety or sureties, as may be
required, for the faithful and proper fulfillment of such contract.
And said corporation hereby binds itself and its successors to pay to
the United States, in case the said bidder shall fail to enter into such
contract or give such bond within ten my 9 after said notice of accept-
ance, the difference in money between the amount of the bid of said
bidder on the articles or services so accepted and the amount for
which the proper officer of the United “States may contract with
another party to furnish said articles and services, if the latter
amount be in excess of the former.
In witness whereof, the name and corporate seal of said corpora-
tion has been hereto affixed this — day of , 1903, and these
presents duly signed by its "—, pursuant to a re-olution of
7% its *—, passed on ne of —_,A. D. 190-, a copy
of the record of which is on file in the War Department.
ttest :
ee
— —
y—— —~
(Executed in Duplicate.)
1. The president or officer authorized to sign for the corporation.
2. The board of directors or other governing body of the corpora-
tion
3. Here affix the corporate seal.
LEWIS E. SMOOT VS. THE UNITED STATES.
Form 18.
Guaranty to Accompany Proposal.
(When Guarantors are Individuals. )
We, of , in the County of —— and State of ——,
and , of , in the County of —— and State of , hereby
undertake that if the bid of ——— herewith accompanying, dated
—— —, 1903, for furnishing ——— be accepted as to any or all of
the items of supplies, materials, and services proposed to be fur-
nished thereby, or as to any portion of the same, within sixty days
from the date of the opening of proposals therefor, the said bidder,
will, within ten days, after notice of such acceptance, enter into a
contract with the proper officer of the United States to furnish such
articles of supplies and materials and such services of those pro
to be furnished by said bid as shall be accepted, at the prices offered
by said bid and in accordance with the terms and conditions of the
vertisement inviting said proposals, and the specifications accom-
panying the same, and will give bond with good and sufficient surety
or sureties as may be required for the faithful and proper fulfillment
of such contract. And we bind ourselves, our heirs, executors, and
administrators, jointly and several , to pay to the United
76 States, in case the said bidder shall fail to enter into such
contract or give such bond within ten days after said notice
of acceptance, the difference in money between the amount of the.
bid of said bidder on the articles or services so accepted and the
amount for which the proper officer of the United States may con-
tract with another party to furnish said articles and services, if the
latter amount be in excess of the former.
Given under our hands and seals this ——- day of —-—, nineteen
hundred and three.
In presence of—
amass cutee as to entinainits >
— —— as to —— *
*Affix adhesive seal.
STaTE OF .
County of » 88:
I, , one of the guarantors named in the foregoing guaranty,
do swear that I am pecuniarily worth the sum of —— dollars over
and above all my debts and liabilities.
Subscribed and sworn to before me this —— day of ——, 1903,
LEWIS E. SMOOT V8. THE UNITED STATES.
§SraTE OF ,
County of , 88:
I, , one of the guarantors named in the foregoing guaranty,
do swear that I am paper gf worth the sum of —— dollars over
and above all my debts and liabilities.
Subscribed and sworn to before me this —— day of ——, 1903,
at —.
ooo
.
, do hereby certify that and , the guarantor
above named, personally known to me, and that, to the
77 best of my knowledge and belief, * is pecuniarily worth,
over and above all his debts and liabilities, the sum stated in
the accompanying affidavit subscribed by him.
I, , do hereby certify that , the guarantor above named,
is personally known to me, and that, to the best of my knowledge
and belief, he is pecuniarily worth, over and above all his debts and
op the sum stated in the accompanying affidavit subscribed
by him.
en Vv
‘The oath to be taken before a United States commissioner, a
clerk of a United States court, a notary public or some other officer
having general authority to administer oaths. If the officer has an
official seal it must be affixed, otherwise the proper certificate as to
his official character must be furnished.
* This certificate to be by a judge or clerk of a United States court,
a United States district attorney, United States commissioner, or a
judge or clerk of a State court of record with the seal of said court
attached. If the official can make the certificate as to both sureties,
it will not be necessary to fill out the next form below.
* He or each.
Form 19a.
1, This Agreement entered into this fourth day of April, nine-
teen hundred and three, between Lieut. Colonel A. M. Miller, Corps
of Engineers, United States Army, of the first part, and L. E. Smoot,
of Washington, in the District of Columbia, of the second part, Wit-
nesseth, that in conformity with the advertisement and specifications
hereunto attached, which form a part of this contract, the said
Lieut. Colonel A. M. Miller, Corps of Engineers, U. S. Army, for
and in behalf of the United States of America, and the said L. FE.
Smoot do covenant and agree, to and with each other, as follows:
The said party of the second part agrees to furnish and deliver in
place, in strict accordance with the provisions of the attached specifi-
tations, forty-two thousand three hundred (42,300) cubic yards,
48 LEWIS E. SMOOT VS. THE UNITED STATES.
more or less, of filter gavel and one hundred and forty thousand
two hundred (140,200) cubic yards, more or less, of filter
78 sand; and the said party of the first part agrees to pay to the
' said party of the second part at the rate of two doilars and
seventy-five cents ($2.75) per cubic yard for filter gravel, and two
dollars and sixty-five cents bs pom per cubic yard for filter sand,
for all gravel and sand so delivered and accepted.
2. All materials furnished and work done under this contract
shall, before being accepted, be subject to a rigid inspection by an
inspector appointed on the part of the Government, and such as do
not conform to the specifications set forth in this contract shall be
rejected. The decision of the engineer officer in charge as to qual-
ity and quantity shall be final.
3. The said y of the second part shall commence, prosecute,
and complete the work herein contracted for as set forth in para-
graphs 275-284 of the attached specifications.
. If, in any event, the party of the second part shall delay or fail
to commence with the delivery of the material or the performance of
the work on the day specified herein, or shall in the judgment of
the engineer in charge, fail to prosecute faithfully and diligently
the work in accordance with the specifications and requirements of
this contract, then, in either case, the party of the first part, or his
successor legally appointed, shall have power, with the sanction
of the Chief of Engineers, to annul this contract by giving notice.in
writing to that effect to the party (or parties, or either of them) of
the second part, and upon the giving of such notice all payments
to the party or parties of the second part under this contract shall’
cease, and all money or reserved percentage due or to become due
the said party or parties of the second part, by reason of this con-
tract, shall be retained by the party of the first part until the final
completion and acceptance of the work herein stipulated to
79 be done; and the United States shall have the right to recover
from the party of the second part whatever sums may be ex-
pended by the party of the first part in completing the said contract
in excess of the price herein stipulated to be paid the party of the
second part for completing the same, and also all costs of inspection
and superintendence incurred by the said United States, in excess of
those payable by the said United States —_—s the period herein
allowed for the completion of the contract by the party of the sec
ond part; and the party of the first part may deduct all the above
mentioned sums out of or from the money or reserved percentage re
tained as aforesaid; and upon the giving of the said notice the party
Spey perry poe to proceed to secure the perform- _
ance of the work or delivery of the materials, by contract or other —
wise in accordance with law. |
5. It is further agreed that if the party of the second part shall
fail to prosecute the work covered by this contract so as to complete
the same within the time agreed upon, the party of the first pe:
may, with the prior sanction of the Chief of Engineers, in lieu of an-
nulling the contract under the preceding paragraph waive the time
limit and permit the party of the second part to finish the work
COPY BOUND T
LEWIS EF. SMOOT VS. THE UNITED STATES. 49
within a reasonable period, to be determined by the said party of the
first part. Should the original time limit be thus waived, all ex-
penses for inspection and surerintendence, and all other actual losses
and damages to the United States due to the delay beyond the time
originally set for completion shall be determined by the said party
of the first part and deducted from an ue or to become
due the party of owever, that th
of the first of the Chief of
rainfall, or other abnormal force or violence
epidemics, local or State quarantine restric-
tions, or other unforeseeable cause of delay arising through no fault
of the party of the second part, and which actually prevented him
(or them) from commencing or completing the work or deliverin
the materials within the period required by the contract, but “4
waiver of the time and remission of charges shall in no other manner
affect the rights or obligations of the parties under this contract.
6. If, at any time during the prosecution of the work, it be found
advantageous or necessary > make any change or modification in
the project, and this change or modification should involve such
change in the specifications as to character and quantity, whether
of labor or material, as would either increase or diminish the cost of
the work, then such change or modification must be agreed upon in
writing by the contracting parties, the agreement setting forth fully
the reasons for such change, and giving clearly the quantities and
prices of both material and labor thus substituted for those named
in the original contract, and before taking effect must be approved
by the Secretary of War: Provided, that no payments shall be made
unless such supplemental or modified agreement was signed and
approved before the obligation arising from such modification was
incurred
7. No claim whatever shall at any time be made upon the United
by the party or parties of the second part for or on account
of any extra work or material performed or furnished, or alleged to
have por) performed or yer a <i Yor al pa con-
and not expressly i or and specifically included
, therein, uniess such extra work or materials shall have been
$1 = expressly required in writin by the party of the first part or
his successor, the prices an quantities thereof having been
first agreed upon by the contracting parties and approved by the
atta d hall be responsible for and
. riy 0 ie second part s © for an y
a liabilities incurred in the prosecution of the work for labor ant
material.
9. It is further agreed by and between the parties hereto that
until final inspection and acceptance of, and payment for, all of the
material and work herein provided for, no prior i ion, payment,
act is to be construed as a waiver of the right o the party of the
7—208
O CLOSE IN CENTER
—
50 LEWIS E. SMOOT VS. THE UNITED STATES.
first part to reject any defective work or material or to require the
fulfillment of any of the terms of the contract.
10. The party of the second part further agrees to hold and save
the United States harmless from and against all and every demand,
or demands, of any nature or kind for, or on account of, the use of
any patented invention, article, or process included in the materials
hereby agreed to be furnished and work to be done under this con-
tract.
11. Payments shall be made to the said party of the second part
as prescribed in paragraphs 39 and 42 of the specifications hereto
attached and forming part of this agreement.
12. Neither this contract nor anz interest therein shall be trans.
ferred to any other party or parties, and in case of such transfer
the United States may refuse to carry out this contract either with
the transferrer or the transferee, but all rights of action for any
breach of this contract by said L. E. Smoot are reserved to the
United States.
13. No Member of or Delegate to Congress, nor any person belong-
ing to, or employed in, the military service of the United States, is
or shall be admitted to any share or part of this contract, or
82 to any benefit which may arise herefrom.*
14, This contract shall be subject to approval of the Chief
of Engineers, U. S. A.
In witness whereof the parties aforesaid have hereunto placed their
hands the date first hereinbefore written.
Witnesses :
PICKERING DODGE As to A. M. MILLER,
Lt. Col., Corps of Engrs., U. 8S. Army.
A. T. HARLAN As to L. E. SMOOT.
— — As to
(Executed in quintuplicate.)
Approved: April 20, 1903.
G. 8. GILLESPIE,
Brig. Gen., Chief of Engineers, U. 8. Army.
tI do solemnly swear that the copy of contract hereto annexed
is an exact copy of a contract made by me personally with —;
that I made the same fairly, without any benefit or advantage to
myself, or allowing any such benefit or advantage corruptly to the
said — or any other person; and that the papers accompanying
include all those relating to the said contract as required by the
statute in such case made and provided. ‘
oo Corps of Engineers.
Subscribed and sworn to belore me this — day of , 190-.
LEWIS E. SMOOT V8. THE UNITED STATES. 61
tI certify that the award of the foregoing contract was made to
the lowest responsible bidder for the best and most suitable articles
and service, on proposals received in response to advertise-
83 ment hereto attached, which was published for — days
by § — and that further advertisement was impracticable.
Contracting Officer.
* Nore.—Here add to any contract made with an incorporated
company for its general benefit the following words, viz.: “But this
stipulation, so far as it relates to Members of or Delegates to Con-
, is not to be construed to extend to this contract.”—See Sec.
5740, Revised Statutes.
t Nore.—This affidavit is required only on the quintuplicate copy
of contract intended for the Returns Office, Department of the In-
terior.—A. R.- 635.
t Nore.—Certificate to be given by the contracting officer on the
copies of the contract for the Chief of Engineers, and the Auditor
for the War Department.
§ Nore.—Insert “newspaper” or “poster and circular letter,” ete.,
as the case may be.
Norr.—The copy of contract for the Bureau must be accompanied
with an abstract of the bids, ond copy of each bid and advertise-
ment unless previously furnished.—_A. R, 626.
Notr.—The name of the principal intended to be bound as party
of the second part, whether an individual, a partnership, or a cor-
poration, should be inserted in and signed to the contract. An
officer of a corporation, a partner, or an agent signing for the princi-
pal should add his name and designation after the word “by” and
under the name of the principal; and an agent of the principal or
an officer, if the principal be a corporation, should file evidence of
his authority.
[Endorsed:] Form 19a; Authorized April 30, 1896, with amend-
ments to April 15, 1902; Articles of Agreement entered into April
4, 1903, between Lt.-Col. A. M. Miller, Corps of Engrs. of the one
=e] and L. E. Smoot of the other part, for filter gravel and filter
san
) 84 “Exuisit B.”
Subject: Filtration Plant.
. Feb. 18, 1905.
’ Unitep States ENGINEER OFFIce,
1000 22np Sr. N. W.
WasurnerTon, D. C., February 17, 1905.
Mr. L. E. Smoot, Foot of 3rd St. S. E., Washington, D. C.
Dear Str: Having in view the systematic and orderly sequence
of work on the Washington Aqueduct Filtration Plant from the
present time until its completion, and for the purpose of so regulat-
62 LEWIS £. SMOOT VS. THE UNITED STATES, *
ing its progress as to enable each of the contractors engaged on the
work to et cone his particular part to the best advantage and with
the greatest ene with a minimum of interference by the presence
or operations on his ground of other contractors, I have laid down
a general program of work to be done during each of the months
from now on, of which program the portion relating to your par
' ticular contract is as follows:
February and March.
Filter stone, complete beds 15, 16, 17...... — 1,000 cu. yds,
“ sand, o RT, 18, 2... * ee: * 3
April.
Filter stone, complete ee Sy pee about 2,000 eu. yds
“ sand, ‘ ae, Wy Wi sii idk 18,000 “ *
May.
Filter stone, complete ORE e err Tee 2,920 cu. yds.
“ sand, 3, 4, 5, begin 1.. 21000: “4%
June.
Filter stone, complete 8, 9, 13, 14........ 5,840 cu. yds
Filter sand, complete 1, 2, 9, 14........ 21,000 cu. yds.
July.
Filter stone, complete 6.7, 33, 33... 5,840 cu. yds.
“ sand, 7, 8, 13, begin 42... 71400 *. 5
85 August.
Filter stone, complete 10, 25, 26, 27...... 5,840 cu. yds.
= sand, ” WA Rigcdte: Bawice. 21600 “ *
September.
Filter stone, complete MK ae abes bas 0d 2,920 cu. yds
me sand, ke | ee 18,000 “ “
Oc'ober.
Filter sand, complete 28, 29.............. 12,000 cu. yds.
In the program outlined above the quantity of sand going into
The depth of sand
varies for the different beds, but 6,000 yards is about the average.
Three and one-half beds has been indicated as a month’s work.
each bed has been assumed as 6,000 cubic yards.
In
-
LEWIS E. SMOOT VS. THE UNITED STATES. 53
some cases 34% beds will 2, so more than 21,000 cubic yards of
sand while in others they will require less. In any case the yarda
is the item to which especial attention must be paid, and this should
in all cases be equal to that indicated’in the rogram.
The order in which the beds are to be fill may, with the consent,
or by direction of the engineer officer in charge, be varied as may
later be found necessary or desirable.
Where particular localities are named for work, as, for example,
in beds of specified numbers, the right is reserved to require an equal
uantity of work during the same month in a different locality, but
this right will be exercised with great reserve, and only when it is
manifest to the engineer officer that no hardship will result to the
contractor from the change.
You are required to take notice that the quantities of work, and,
unless otherwise ordered, the locations of the same above scheduled
for the several months, will be rigorously exacted as a minimum, and
any failure on your part to perform in any month the quantity of
work stipulated for that month will be considered by me as suffi-
cient cause for the exercise of the right reserved to the United
86 States in paragraph 37 of the specifications to the contract to
purchase needed materials in the open market; of the discre-
tion given me in paragraph 39 of the specifications to suspend
monthly estimates and payments, and the right conferred upon me
in paragraph 41 of the specifications, after five days’ notice, to annul
the contract and take possession of your plant, and so forth, at a
rental valuation to be determined by myself.
A program for the work to be done by the United States has been
arranged in harmony with those laid down for the several contract-
ors, and all the programs are so arranged that any of the contractors
can do more than the amounts laid down for them without interfer-
ing with the others, but they can not do less.
Very respectfully,
ssRit SMITH S. LEACH,
Lieut. Colonel, Corps of Engineers.
87 IL. Amended Petition. Filed Be Leave of Court February
19, 1909.
In the Court of Claims.
No. 29903.
Lewis E. Smoor
vs,
Tue UnItTep States.
Amended Petition.
To the Honorable Chief Justice and Associate Justices of the Court
of Claims:
Now comes the petitioner, by leave of the court heretofore had,
and amends the eighth, ninth, and twelfth paragraphs of his peti-
tion, so as to read as follows:
54 LEWIS E. SMOOT VS. THE UNITED STATES. Bc.
8. Petitioner further shows that thereafter, to-wit, on the 29th
day of May, 1905, while this petitioner was engaged in fulfilling his
said contract, and the said order of February 17, 1905, according
to their tive terms, the officer in charge of said work and
resenting the defendant United States, without right and without
notice to this petitioner, and without his consent and against peti-
tioner’s protest, reduced the quantity of additional sand required by
the said order of February 17, 1905, by the amount of 21,506 cubic
yards, and although this petitioner tendered himself ready to fulfill
said contract and order of February 17, 1905, to supply and deliver
all of the sand required to be furnished by said order, yet the
88 said officer in charge refused to receive the same to the great
damage and injury of petitioner.
9. Petitioner further shows that by reason of the failure and re
fusal of the defendant to accept the whole of the additional quantity
of sand provided for in the said order of February 17, 1905, the peti-
tioner lost the profit which he otherwise would have realized had he
been permitted to supply the whole of the sand provided for in said
order amounting to the sum of, to-wit, $32,252.28, and further was
damaged in the sum of, to-wit, $12,501.71, the amount of expendi-
ture required to be made by him to provide the additional plant,
machinery, tools, etc., required to be, and which actually were, pro-
vided by petitioner in order to fulfill said order of February 17,
1905, and to supply the additional quantity of sand therein ordered
within the time therein specified, less the sum of $2,294.08, the value
of materials of said plant sold or on hand and available for use.
12. Petitioner therefore prays judgment against the United States
for the sum of $32,252.28, with interest thereon from the first day
of November, 1905, the amount of the profits which petitioner would
have realized had he been permitted to supply the whole quality of
filter sand as ordered on February 17, 1905; and for the sum of $10,-
207.63, the amount of the expenditures necessarily made by peti-
tioner to carry out the requirements for the extra quantity of sand re-
quired by the said order of February 17, 1905, with interest thereon
from the first day of June, 1908.
LEWIS E. SMOOT.
WM. G. JOHNSON,
Attorney for Claimant.
District or CoLUMBIA, 88:
On this 18th day of February, A. D. 1909, personally appeared
before me Lewis E. Smoot, and made oath that he had read
89 the aforegoing petition by him subscribed, and knew the
contents thereof, and that the facts therein stated on his per-
sonal knowled¢e are true, and the facts therein stated upon informa
tion and belief, he believes to be true.
Witness my hand and notarial seal this 18th day of February,
A. D. 1909.
[NOTARIAL SEAL. ] J. WM. REILY,
Notary Public, D. C.
LEWIS E. SMOOT V8. THE UNITED STATES.
90 Ill. Traverse. Filed February 15, 1912.
In the Court of Claims of the eer States, December Term, A. D.
12.
No. 29903.
Lewis C. Smoor
vs.
Tue Unirep Srares.
And now comes the Attorney General, on behalf of the United
States, and answering the petition of the claimant herein, denies each
and every allegation therein contained; and asks judgment that the
petition be dismissed.
HUSTON THOMPSON,
Assistant Attorney General.
91 IV. Argument and Submission of Case.
On the 15th day of February, 1912, this case came on to be heard.
Mr. William G. Johnson was heard in behalf of the claimant; Mr.
Franklin W. Collins was heard in opposition thereto and the case
was submitted.
92 V. Findings of Fact as Finally Amended, Conclusion of
Law, and Opinion of the Court. Filed June 2, 1913.
This case having been heard by the Court of Claims, the court,
upon the evidence, makes the following
Findings of Fact.
L
Heretofore, to wit, on the 4th of April, 1903, Lieut. Col. A. M.
Miller, Corps of Engineers, United States Army, for and on behalf
of the United States entered into a written contract with the claim-
ant, Lewis E. Smoot, which contract was by its terms subject to the
approval of the Chief of Engineers, by which claimant was to fur-
nish and deliver in place in beds at the Washington filtration plant
140.200 cubie yards, more or less, of filter sand, at $2.65 per cubic
yard, which said contract in its entirety is made a part hereof, and
scopy of which is annexed to the petition herein and marked “Ex-
hibit A.” Said contract as provided: therein was duly avvroved in
writing on April 20, 1903, by G. S. Gillespie, Chief of Engineers,
United States Army.
56 LEWIS E. SMOOT VS. THE UNITED STATES
IL.
Said filter sand was to be deposited in 29 beds, and the defendants
agreed to cause to be done all necessary work to construct said bedg
in condition ready to receive said filter sand.
iil.
On July 15, 1904, claimant was notified in writing by Lieut. Col.
Miller that he would be prepared to receive gravel and sand in place
on August 1, 1904, a requested him to make arrangements to
begin delivery by that date.
Claimant proceeded with the execution of said contract and de
livered in place during the month of August, 1904, 1,260 cubic yards
of filter sand, in the month of September, 1904, 1,540 cubic ya
in the month of October, 1904, 4,920 cubic yards, in the month
November, 1904, 10,520 cubic yards, in the month of December.
1904, 2,420 cubic yards, and in the month of January, 1905, up to
and including the 3d day, 276 cubic yards, making in all up to said
last mentioned date 20,936 cubic yards of filtered sand delivered in
place.
93 IV.
Prior to making of the contract herein the Government had em-
ployed Allen Hazen as a consulting engineer to prepare the specifi-
cations for the work on the filtration plant and to advise the Govern-
ment officer in charge of said work from time to time during its
rogress.
: In the original specifications prepared by said Hazen the quantity
of filter sand to be put in the 29 beds was required to aggregate
140,200 cubic yards, more or less, after settlement with water upon
it for one week, and said specifications were used in the first adver-
tisement for bids for the work; but all bids thereon were rejected.
In the second advertisement for bids, under which this contract
was made, the same specifications were used, requiring the same ag-
gregate quantity of 140,200 cubic yards, more or less, for the 29
beds, but the words “after settlement one week with water aud with
the filter in operation” were stricken out without the knowledge of
the said Hazen, and as so modified said specifications were attached
to and made a part of said contract.
The physical effect of this change in the specifications was to re
duce the aggregate quantity of sand from that required by the
original specifications prepared by said Hazen to the extent of the
compacting or shrinkage that would ensue from settlement with
water.
V.
In October, 1904, a discussion took place between the consulting
engineer, Allen Hazen, and Edward D. Hardy, a civil engineer who
was assistant to Capt. William P. Wooten, then temporarily in
charge of the work, at which claimant was present, concerning the
change in the specifications as originally prepared by said Hazen
LEWIS E. SMOOT VS. THE UNITED STATES. 57
and the i for an increase in ‘ie quantity of sand to be fur-
nished over an above that specified in the contract sufficient to
cover the amount of shrinkage which would ensue after settlement
with water, so as to bring the total uantity up to the requirements
of said original specifications, which provided for measuring the
quantity after settlement. At that time Mr. Hazen suggested 1 inch
per foot and 1 inch additional for each bed as an proximation of
the increase necessary, and a computation was on that basis,
but no definite decision or determination was then arrived at as to
the quantity and no agreement was reached nor contract of any kind
made. Capt. Wooten, while still in charge of the work, was in-
formed by said Hardy of said conversation of said Hazen in regard
to the increase in the quantity of sand.
At the time of the suggestion made by Mr. Hazen and at the:time
and Hardy in the presence of the claimant, the supply of sand fur-
nished by the claimant was very small. The conversation between
to the element of shrinkage, for which provision was not made in
the new specifications. The increase actually recommended by
» Hazen when the exact amount was fixed after April 18, and upon
which the Government acted, amounted to 1 inch per foot
94 and 1 inch additional to cover all emergencies. The in-
crease provided for 17,000 cubic yards on the basis mentioned.
No definite increase was decided or fixed upon until Mr. Hazen,
the consulting engineer to whom the matter was referred, had made
his report.
VI
On November 30, 1904, Lieut. Col. Smith §, Leach, Corps of En-
gineers, United States Army, the engineer officer in charge of the
work under said contract, wrote to claimant that the time limit upon
the contract would be waived, on behalf of the United States, for a
reasonable time.
VII,
By the 3d of January, 1905, 15 of the 29 beds were completed
ready to receive sand. Some time prior thereto, said Hazen not
having made any more definite or precise statement of the exact
amount of sand to be required, said Hardy made computations upon
the basis of said Hazen’s recommendation, and he and Lieut. Col.
Leach, the engineer officer in charge, estimated the approximate ag-
meg quantity of sand to be required. On said date Lieut. Col.
h wrote to claimant directing him to complete the deliveries of
sand in said 15 beds by May 15, by placing in the same 70,000 eubic
yards of sand in addition to the 20,936 cubic yards then in place in
said beds, making the total requirement for said 15 beds 90,936
eubic yards. To this letter claimant replied on January 5, to the
effect that his plant had a capacity amply sufficient to maintain the
8—208
58 LEWIS E. SMOOT VS. THE UNITED STATES. Be
delivery ired except under very unfavorable weather conditions
when the freezing water prevented him from getting the sand a
clean as required, and that he had already taken steps to build
another plant of the same capacity, which he s
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.