# Transcript of Record — Wood v. United States

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Transcript of Record
- **Published:** January 1, 1922
- **Citation:** 258 U.S. 120

## Text

(27,792)

SUPREME COURT OF THE UNITED STATES.
OCTOBER TERM, 1920.

No. 436.

CHARLES PoWOOD AND JOLIN b. MOYER. TRADING AS
THE PHILADELPHIA STEAM HEATING COMPANY,
\PPELLANTS,

THE UNTER D STATES,

APPEAL FROM THE COURT OF CLAIMS.

Original, Vrint

ncheshiony diheh AGT ETEER TERE PETER TO TT ee ee eee Suited 1 1
exhibit A Advertisement for DFOMROTE isis «spd bcascans ana) 14

Bo Proposals for original work...........00.00.., 24 i)

‘ Phe original comtract...........ccececececes, Mh 1G

1) Proposal for sipplemental work.............. 1k an

The supplemental contraet........ pis eects 105, 71

I WO of sale. Palmer to MO ase hise oat ee 1a i4

(F Bill of sitle, Mover to Wood...........0000.., 112 76

HE ODS of side, Wool to MEONEDs ss cas aiken 1p es | T7
wihigandeblitaischisdicueE REECE CCA TT TET TT eT Or eT Pee a ea eae ee 11 is
and on
the last tien ood clate: evite redointo a contract with the tid COMTEP TEN
for the comstruetion of the said boiler plant, steam beating abpopetae
tus. ete. ete. within two hundred and fifty. 250) working day.
from April Sth, T8087, in and for the sum of one Hiviteedrerd ane
eleven thousame three lumedred: ane seventy-three CSI Dbeesy abel
lars, a copy of whieh contract is filed herewith ariel triste part Tere ot,
ane desiunatedl as exhibit ce

2

1. ‘That irteddiately after the execution of ssid Contyaet, sated
COTY arranged to bevin cued dlid) begin the work therentde
and, under the direction. of the sated three puartios of sand COMED RATAN
proceeded with sid work us provided by the tennis thereof, tasofas
as they were allowed to do so by the Government agents an Poretors
sontutiver, but awit to hinedlratiees snd ck lave cansed sated ect
pany by the ofheers amd agents of the Government, for whiel: sad
Cernnpans Was lib he Wise responsible, and heeause of chives ated
tuodifieations in said plans and specitieation miurde and requested
by the Government, the said contract was net completedt within
site tity ; but Wits complete d Septernibe r Is. pst

eee see ee ee

5. That on January § DSO8. at the request of the Govertinient
acting through Thomas © Steward, Supermntendernt of Con-trnetion
of said building, the sar company tendered to the Croverninient a
proposal for “furnishing all Taber and material te constrict and
ereet the steam: heating apparatus” in sald building ti aecorelane
with certain revised plans and) specifications, theretefore submitted

hy sid Steward. a copy of whieh proposal Is herewith tiled
! and made part hereof, designated as Exhibit "DY. that on

Mareh 3. PSUS, the Government, acting throngl Assistant
Se ‘retary of the United States ‘Treasury, OG. hs Sponilding, aecepted
the said proposal, te install and erect said heating and ventiliting
apparatus i aecordanee with said revised plans and drawings, octiie
Fered 335.4 to SH2A inclusive, iustead of as originally planned and
laid ont. using the “Powers System’ of temmerature regulation: fer
the entire building. in and for the sum of 85,002. and on the Tih
day of March, DS8S, the Government, acting thhrotigehy the said As
sistant Seeretary Spaulding entered into a supplemental contract
with the said company to do said work at said sum, whieh was te

ET ee Oe See COS eS ne ee Oe ye ee ee en

—

le, and was, in addition to the consideration named in the original
contract, a copy of whieh supplemental contract is filed herewith,
)oonaule part hereof, and designated as Exhibit “Bo”

C.F, WOOD ET AL., ETC., VS. THE UNITED STATES, 3

That on March 26, TSYS, the said petitioner, Wood, purchased
for a valtuable consideration, all the right. title and interest in and
to the business of the said Philadelphia Steam eating Company,
} from the said petitioner, Mover and the said Palmer, and thereby

siecceded: as surviving partner to all the partnership Lusiness eon-
| ducted by said company, including the said contrect. the bills of
boo sile aud assiguinents, of whieh are herewith filed and made punt
heroot!, designated as Exhibits “FP amd oa”

+. That on Mareh 25, TSS, the said petitioner, Wood, sold. to
the petitioner, Mover, for a veluable consideration, an undivided
onehalf miterest in and to the business of the Philadelphia Steam
' Heating Company, ineluding a one-half interest in and to said
contract, and the said petitioner, Moyer, thereby beeame an
a cain partner in and to said contract with the petitioner,
Wood. the bil of sale and assignment of which one-half
interest ts herewith filed and made part hereof, designated as Exhibit

S. That the petitioners completed said work in striet accordance
with said contracts, subject to certain changes and modifications re-
quired by the Government's officers and gents, and fell short. of
nothing with regard thereto, the Government's officials and neents
weeping the same as having been done to their entire satisfaction,

Vast thee ye Hit toners sy, that ewing to certain delays in the presecnu-
hon of said work caused by the Government's officers and agents, for
Which petitioners were in noe Wise responsible, causing petitioners
witch eXtra expanse. and because of certain defective plans ane
spectication furnished by the Government, through whieh petition-
or Were put too xtta expense and subjected to great loss. and because
of certain eXtra work required of the petitioners ly the said) officers
ad agents, for which they have not been paid, the petitioners have
hot received of the Government the compensation to whieh their said
werk justly entitled them.

"That the Government through its officers and agents without
petitioners’ fault, hindered and delaved the petitioners in. the prose-
cution of said work as follows:

That while earnestly and actively engaged in the general prosecu-
tion of said work, the Government, acting through Assistant Secre-
tary of the “Preasury, QO. L. Spalding. on May 8. 1897, suspended
all work incident to galvanized irom vent-duets and running steam
rivers for interior rooms including and above the second story, until

March ) DSO8, whereby great loss of time and much extra
fi expense was cattsed the petitioners, without their fault, by
causing all of the work on the galvanized iron vent duets in
the basement to be suspended from May 11. until July 8. 1897, in
order that the contractor for the plastering might have time to com-

4 C.F, WOOD ET AL, ETC., V8. THE UNITED STATES,

plete his work; on aceount of which the iron work of the petitioners
in all branehes thercof was stieponded, causing them the loss of much
Valuable time. and entailing tem them large extra expenses,

That under the terme of the orginal contract the petitioners were
required to use a corte patented comstruetion in smokeless furnaces
known os the Phawley down dratt furnace, and were also required
by the terms of said eontrvet toobtatn from the company controlling
said patented applies certain detatiod plans and) speettiouttans for
the approval of the Governunvent, from whiebs the sated farniices wer
to be installed, but that in Cielation of said eomtract with petitioners,
the Government's ollicons aid aqeent. titerfered with the negotiitions
between the Pretitlotrers and the publics controlling sitcl pratenterd itp
pliance, so that petitioners were Ginable ta secure the plans and: speci.
cations requited by the Crovernnent with reference to said: patented
appliances, from the SOth day of Mareh, te the Toth day of \ugust,
ISO) and without whieh) plans and specifications approved by the
Ciovernments offieers aid awernts, pelllioners Were unable to proceed
with the work of the mistalling said downedraft firnaees, amd thereby
petitioners were caused natch loss of thie and sabjeeted: te grea
ONT ON pelise,

That the said original proposal ot the preetitiotiers for this work
Was based upon the tse of a patented svstern for the removal ot i
condensation and air frome the proposed heating svstem, known as
the “Webster Vacuum System that the said original plans and
specrtiont ions Histrated gud: deserthed the said “Weleter Syeteu’”

ane lhe other: Laat thot ono dite subsequent lw said orieinal
’ proposal, namely, Mareh TL, DS, the petitioners did, at th

request of the Government, acting through €. BE. Keniper
acting Supervising Arehiteet of the U.S. Treasury. sulmaiit to the
Government a modified proposal for the see of a certain other Jat:
ented system: for the removal of air and condensation, known as tl
“Panl Vaewuim System > whieh said modified proposal wie aecepted
by the Governtient and beewmne a part of said original eomiract > that
the sald original drawitiws VWyeon whieh the contract was reat | Mitts
trating the satd “Webster Svstem called for and: showed a certain
constriction technically Known as the “twaepipe svsteme of risers and
radiator connections” and alsa showed the sizes of all of the said
risers atid radiator connections ontering inte said: “piping system,
that the said original contract calling for the use of the said) Pant
Vacuum System provided that satd Paul System, stonld consist of
what is technieally known as the “one-pipe system of risers and
radiator connections,” and tn addition therete a eertain sveten of
air-line risers and connections whieh were particularly a part of. and”
necessary te the proper operation of the said Paul Svsteri: but at ne
point did the satd original eontraet, or drawings, inedieate in what
manner said onespipe system and sated additional airepape system
should be constructed, nor was it shewn in said eomtract or by said
drawings of what sizes of pipes the various piping svstemis and eon:
nections should be made: but that ut Was dade a part of said original
contract that the petitioners should procure of those controlling said

Se ee ee ee ee

wad Sete SS ae a Sin a ae mae ia

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C.F, WOOD ET AL, ETC,, VS. THE UNITED STATES. 5

patented Paul Vacuum System certain detailed plans and specifica
Hots for the approval of the Government showing in what manner
and of What sizes the said: piping svetems performing the peculiar
fouttires of the said Paul System should be constructed: and
‘ that without said detailed drawings and speciticntions the said
steam heating apparatus ealled for by the original contract
could not be constructed,

That your petitioners, dntiediately upon the awarding of the origi-
nal comtraet to them. made preparations for the installation of said
sein heating apparatus, including the said) Paul Svetem, and did
login the work of said constrnetion. and made diligent effort, as re-
quired by the terms of the original eontraet, to obtain of the com
pany controlling the said) Paul System the said) necessary detailed
plitis ond specifications; but that in violation of the terms of the origi
Hal contract, the Government, through its officers and agents, inter
ferred With ane interrupted the negotiations between the petitioners
and the company controlling said patented Paul Svstem from. the
HO day of Mareh, until the 2nd day of July, p87, Wherehy the peti-
toners Were Unable to obtain said plans, drawings and specifications
Wnt} the last named dates that on said last named dite the tiovern-
mot, throtgh its officers and aeents, took possession of said) lusi
mined detailed plans, drawines ane spectiications, and certain guar.
vnty boride. as finally furnished da the purtios controlling said pat-
ented Pant System, and retained possession of the same. to the exelu-
sien of the petitioners, and withheld approval thereat as required by
the termes of the original contract, until December 6. TSOT. thereby
interfering With the reasonable progress of the work. and causing
the petitioners much loss of tirae and large extra expense therein,

That the Government, through its oflicers and agents, in further
violation of the original contract, on account of the said “Paul Svs-
tm by csstiming responsibility. and control over the suh-contraet
letween the poet itianne rs and those controlling said “Paul System,”

us tothe purchase of the right to use and the lnaterials for the
" vise of the same in said work and by requiring a license for

the use of the sume directly to the Government from those
controlling said patented “Paul System.” did withhold from the peti-
tioners Honey earned by the petitioners in the prosecution of said
work in the sum af twenty-three thousand, five hundred seventy-three
and 2 100 (S823.575.02) dollars, from the T1th of September, TS
ty September the TSth, TSO, and at divers other times during the
Progress of said work thus withheld payment to whieh petitioners
Were justly entitled, therein and thereby cuising petitioners the loss
bo much valuable time and entailing upon them extra eXPeTses,

That the original contract ealled for certain. east iron piping of
large sizes to be used for underground smoke-flues to be installed by
July, US97; but that by certain and various modifications of the
original contract in this respect, made and insisted upon by the Gov.
erhnent’s officers and agents, petitioners were unable to obtain. the
Necessary tateriils for this work by said last named date: and that
by said certain and various modifications the petitioners were inter-
fered with and interrupted in the reasonable progress of said work,

iy Cor, Woor eT AL. eTC., VS. THE UNITED STATES,

whereby the petitioness were caused the loss of much valuable tine
and put to extra expense,

That the orginal contract provided for vent-shaft covers of certain
sizes and constructions, for which petitioners entered into stib-econ.
tracts with certain producers thereof immediately after the awarding
of the original contract: but that on June 5, IS07, the Government's
officers and agents made certain modifications in the sizes and con
struction of said vent-shaft coverings, whereby petitioners were con:
pelled to cancel said sub-comtreet and enter dito new negotiation fop

materials based upon revised plans, whieh ineluded said evr
10 tain modifications, and to contract anew for the materials so

required; and that by reason of said modifications the reason
able progress of the work was materially interfered with and in-
oe to petitioners great loss in time, and whieh entailed mueh
eXtra eXpetise,

That it was a part of the original contract that petitioners should
furnish beilers of certain sizes and dimensions, which sizes and di-
mensions were clearly shown upon the drawings upon whieh said
contract Was based, and set forth in detail and at length in’ the
specilications accompanying the same; but that hy reason of hitent
errors and diserepaneies in said drawings and specifications tt was
plivsically impossible toe aceomplish the conmrplete constriction
thereof; that immediately upon the award of the original contract
petitioners had entered into sul-contracts with certain material men
for the said boilers: but that owing to the said latent errors and dis
erepancies Which developed during the construction of said) botlers,
it became oecessary for the Government to revise and modify thy
original plans of said construction, and the Government did submi
to th. petitioners, July 10, 1897, revised and modified plans for th
construction thereof, which revised plans petitioners forwarded in:
mediately to the said sub-contractors for said boilers, with directions
to change the construction accordingly, which meodifieations and
changes occasioned loss of much valuable thie and resulting: extra
expense to the pecdtioners; that there afterwards developed certain
Vital evrors and discrepancies in said revised plans for the construe:
tien of said boilers, which made it necessary, September f, DSU7, for
the Government to modify and chunige said revised plans, which last
named modifiertions and changes petitioners immediately forwarded

to the sub-contractors for this work, with dircetions te carry
11 out the same: and that by reason of these last manied mod:

fications and changes the reasonable progress of the work of
the petitioners under the original contract was hindered and om
peded, to their great loss in time and money,

That it was a pert of the original contract that) the petitraners
should install certain purups, tanks. beaters, cneumnes. ete. ta thie have
ment of said building. whieh) said certain pump, ete. should be le
cated in certain Joos ition end arranged and comnected with various
ping svstems in the manner and of the sizes as indicated on said
drawings and called for bw said) specifications, amd petitioners tn ae
cordance with said contract obtained the necessary material on sel
arrangement and connection, and began the construction thereof,

SRE RITE IEF AEN TY TINE RRO OE Oo prt

(. FP, WOOD ET AL, ETC., VS. THE UNITED STATES, 7

lut that on July 28th, 1897, the Government's officers and agents
found it necessary to change a large portion of said last named work,
abd on suid date submitted to said petitioners revised plans for the
shin, WIth request for estimations thereon, which made it necessary
for petitioners to couse the construction of said last named work, until
such the as the matter should be determined upon, Which determi.
mition Was reached September Lith, ISUT; that these modifications
cecasioned serious interruption in the progress of the work petition-
ee were doing. and caused them great loss in time and money,

That it was a part of the original contract that smokestacks should
he erected in the building in a certain manner indicated on the said
origi drawings bait that when petitioners proceeded to the erec-
tion thereof it was found that the structural iron-work of the build-
ing previotisly erected by the contractor for that work, without peti-
timers’ Knowledge, prevented the erection of said smokestacks in aes

cordance with petitioners’ contract; Whereupon the Govern-
lz ments ollicers and agents directed petitioners to remove such

portions of said struetusal iron-work as interfered With their
work, and that by reason of the delay attending the determination
of the above question and the extra work of remes ine said structural
irobeWork, petitioners were occasioned the loss of valuable time, ane
were subjected to extra eXpelise,

That one of the provisions of the original contract required the pe-
Hhoners to construct a system of underground east iron and brick
trenches of certain sizes and in certain locations; that petitioners in
due tine proceeded to the installation of said work, but by reason of
iMerferences on the part of certain sewer Pipes, foundations, ete,
previously installed by contractors for that work, without the know!l-
edge of the petitioners, they were prevented from carrying out said
work in accordance with the original plans under the original eon-
tract, but were compelled at various times, during the progress of this
work, by orders of the Government's officers and agents to make
changes and moditications in the plans of said work, because of the
“ld interferences, thereby causing petitioners the loss of Valuable
time and incurrence of extra expense,

That it was provided in the original contract that the petitioners
should furnish a foundation under the entire boiler plant and firing
room, sat foundation to be composed of concrete made of certain
materials including local hydraulic, or Cumberland cement: that, in
due time, the petitioners commenced said work, and during the pro-
tress thereof, were interrupted by the Government's oflicers and
agents, and compelled to submit proposals for seid work, substituting
Portland cement for the cement ahove hited; that petitioners ac

cordingly submitted a proposal therefor. September I1th.
I IS97, which was not accepted by the Government until Sep-

tember 30, 1807, and by reason’ of Which interference of the
work and the delay in accepting said proposal, petitioners sustained
hoth loss of time and money in doing the work.

That according to the original contract petitioners were to ereet
walvanized iren ventilating pipes of certain sizes in certain locations
in the building: that petitioners, immediately after the awarding of

-

& C, F. WOOD ET AL., ETC., V8. THE UNITED STATES.

the original contract, began the erection of said work ; but by reason
of plumbers’ piping and other obstructions previously put tn by other
contractors, without the knowledge of the petitioners, petitioners were
compelled, at various times during the progress of the work. by the
Government's officers and agents, to make changes and modifications
in the sizes and manner of erection of said pipes, whereby the reason-
able progress of petitioners’ work was interrupted, and they wer
thereby caused the loss of much time and money.

That the original contract provided for the erection of certain Vent
shaft covers, which were to be attached to the structure of the build:
ine as already erected, all of whieh construction was clearly shown
on the plans furnished with the original contract; that petitioners,
in due time, began the said work, but by reason of the fact that the #
actual structure of the building did not agree with satd original plans |
and specifications, the progress of petitioners’ work was interfered }
with and interrupted for several weeks, pending a determination by
the Government’s oflicers and agents of the form: of construction to
he followed by petitioners, instead of the construction shown on said
original plans and specications, whereby petitioners were caused the
loss of much time and money

That petitioners were required by the terms of the original con-

tract to provide and erect retaining walls around the boiler
l4 room in certain positions shown on the planus; and in due tine

petitioners began and carried on this part of the work; but
that by reason of the interference of columms, foundations and par
tition walls, erected by other contractors without petitioners’ know!
edge, they were compelled, by the orders of the Government's officers
and agents, to construct said retaining walls in other locations in said
building, which resulted in modifications of the original plans.
thereby causing the petitioners the loss of both time and money,

That it was a part of the supplemental contract that petitioners
should supply and erect galvanized iron ventilating ducts of certain
sizes and dimensions in certain locations in the attie of said building:
that petitioners, in due time, began the construction of said) work:
that during the construction thereof it was discovered to be HN pOs:
sible to earry out the work according to the plans accompany dig sad
supplemental contract, beeause of interferences aid obstructions of
the iron superstructure of the building which had been previously
erected without the knowledge of petitioners; that it being found te
be impossible to change the said iron superstructure, petitioners were
directed by the Government's officers and agents to make such
changes and modifications in the said vent duets as were necessary
to install the same: and that by reason of the time taken to deter:
mine the said changes ge modifications, and by the actual work of
making said change, the reasonable progress of the work was inter:
rupted and interfered with, to the os of the petitioners in both time
and money.

That it was a part of the original contract that petitioners should
erect certain lines of steam piping of certain specified sizes in certain
locations in said building: that petitioners did ereet such piping in

TAT A

C. F, WOOD ET AL., ETC., VS. THE UNITED STATES. ]

accordance with said contract; that after said work was done
15 the Government submitted to petitioners’ requests, from time

to time, for proposals to remove said pipes thus constructed,
and to ereet them in other locations and places in said building; that
on March 31, April 11 and 18, May 13 and 25, and June 16, 1898,
petitioners submitted proposals for said last named work, which were
accepted by the Government May 3, June 9 and 28. IS9S; which
delay in accepting said proposals and disarrangements of plans re-
sulted in the loss of both time and money to the petitioners,

That it was a part of the supplemental contract. that petitioners
rhould erect the heating apparatus throughout said building in ae-
cordance with the drawings accompanying said supplemental con-
tract; and petitioners, immediately after the execution of said sup-
plemental contract, began the erection of said apparatus in accordance
therewith: that while eneaved if the prosecution of said work, peti-
toners were ordered by the Government's officers and agents, April
8, 1895, to suspend all operations on the work until further notice,
and to prepare and submit. a proposal for a modified construction
thereof, in accordance with certain other plans afterwards submitted
hy the Government; whereupon petitioners did submit a proposal for
the work to comply with the said new plans, April 28, 18908: that, on
the 21st of May, 1S9S, the Covernment notified the petitioners reject-
mg suid proposal: and ordered restuption of the work in accordance
with the original supplemental contrac: loans, wherein and Whereby
petitioners sustained great loss of time and money,

That on account of the Spanish War bond issue, and the necessity
fora place to install the clerks and employees of the Government

engaged in the work of said issue, jn the summer of 1898.
lt the Government, through its officers and agents, did on or

about June 20, 1898, enter into and take possession of the first
vor of said building and install therein a large foree of clerks and
employees, and did at various and sundry times interrupt and inter-
lere with the petitioners’ work by directing the stoppage thereof
hetween the hours of 9 o'clock a.'m.. and d o'clock p. m., and by
locking up certain portions of the building, and exeluding petitioners
‘herefrom, where and in which petitioners were carrying on certain
portions of their work under said contracts. and refusing petitioners
acess thereto both day and night, so that petitioners were prevented
from making measurements for materials to be used in their said
work ; that said interferences and interruptions continued from about
June 20th, 1898, to about the last of September, 1898, wherein and
whereby petitioners sustained, without their fault, much loss of time
and money in the execution of their work under ‘heir said contraet,

That by reason of many and various other interferences and in-
erruptions with the reasonable progress of the work at divers and
‘undry times, by the Government's oflicers and agents, and by reason
af divers other errors and discrepancies in the plans and = specifiea-
tions furnished the petitioners by the Government for the proseeu-
‘ion of the work; hy reason of improper and imperfect materials
called for by said plans and specifications prepared by the Govern-
ment’s officers and agents, and used hy the petitioners at the instance

2—435

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1) C.F. WOOD ET AL., ETC., VS. THE UNITED STATES.

of the Government in doing the werk, and by delays caused in the
progress of the work, by disagreements resulting from: the use of saicd
cnproper and tripertect materials and erroneous and unjust interpre.
tation of the said plans and specifications upon the part of the Goy-
ernment. ollicers and agents, the petitioners, without their fault, were

stbjeeted te great loss of thine and put to much extra experts:
i That on account of the losses sustammed by the petitioners

is detailed in this paragraph, petitioners sustained an agere-
wate loss im the sum oof etghteen nmaaa two hundred thirty-six
amd 9 LOO) CRTS 256.05) dollars, which is justly due and owine
from the Government to the petitioners,

That on account of said errors, discrepancies, and said change:
tnd modifications in pe plans and specifications, and by reason of
said) delays ocensioned ly the Govepnment’s officers and agents for
vhieh petitioners Were I ho Wise responsible, petitioners lost the
profits on their said contraets to which they were and are justly
entitled, in addition to the above amount claimed, im the stm of
fourteen thousand seven hundred thirtw-nine and 77/100) (STL.
799.77) dollars, whieh last mamved sum is justly due and owing from
he United States to the petitioners under said contracts.

11. That on aecount, and hy reason, of said errors ancl disere prtl-
cies, and said changes and modifications in the plans and. speeitioa-
tions, as aforesaid, and frome said) delaws, interruptions and hin-
drances, petitioners were put to expense over and above the legitimate
expenses of carrving on and completing said contract, as follows

‘To extra services of the petitioner, Charles FL Wood. from
January 28, 1808, to completion of the work, Septem:
ber TS, IS8) one vear, 7 months and IS days, at
s5.000 DODGE VOOR si cme ree edhe ewe were etd w wees

To services of extra superintendent of steam: fitting depart-
ment, Alexander McClintock, from Mav 1, LST, to
April 1, 1S99, 1 vear and 11 months, at $1,500 per vear 2,875.00

18

To services of extra supertmtendent of the wrought iron
and sheet metal department, Robert Healy, from May
1, IST, to August 1, 1899, 2 vears and three months
MED OO DOL NORE y sss Stein SV ne ese Oa a ene

To extra rent of warehouse and shop at 4's Street ane
Virginia Avenue, southwest, Washington, D. CL, from
February I, ISOS, lo August 1, 1S99, a period of IS
months, at $60.00 per month... . 25 ccc ce ce ne

To loss in use of plant through its retention on this work
after the expiration of tine fixed for its completion by
original contract, and petitioners’ inability by reason of
said retention, to employ it on other work conducted
hy the petitioners, for a period of IS months from
February 1, ISOS, to August 1, 1899, at $100 per month — 1,800.00

S9.S50.00

1500.00

GO0.00

C. F. WOOD ET AL., ETC., VS. THE UNITED STATES,

To extra cost of material caused hy the rise in the price and
value thereof, covering the period hevond the limit of
the original contract and by reason of the frequent mod-
ications of plans and specifications, necessitating the
purchase of small quantities thereof instead of job lot
and Wholesale purchases to which petitioners were en-
vgui-g EERE AS ETL ee RTE nS 5,200.00

Ageregating for this paragraph the sum of............ $23,125.00

which is justly due and owing from the defendant to the petitioners,

Iz. That owing to said changes and modifications of plans, as

aforesaid, interferences and interruptions of the work by the

1 Government's oflieers and agents. for Which petitioners were

in no Wise responsible, the potitioners Were put to extra ex-

pense over and above what said contract work Would have cost them

if they had heen allowed to prosecute said work in aecordance with
said original coutraet, as follows

To 500 OXta length sleeves to reach throuweh Corie.

throughout the building, at 25 cents each. .... ; ae S125,00
To Lill of Bashorr & Co.. for Changes in smoke connections.

after same had been installed as directed by the superin-

tendent of construction, and after the comiplete: construe

tion thereof hiad been ace pred ly the Government offi. er.’

MR ore Ooh sia heer ke ; moa
And to extra cost of brick and mortar used in reconstructing

the boiler settings in said building after above named

ee A eae ire aS Perna ererte Tae AR 25000
: =
A\geregating for this paragraph the snin of... &su500

Which is justly due from the United States to the petitioners

Ih. That. over the protest of petitioners, the Government's otlicers
and agents direeted them to put in a certain material for the vaskets.
or packing for the joints of the steam and water piping throughout
the building, and petitioners put same in-as directed: that said ma-
terial proved defective, and at the demand of the Government's of-
ficers and agents, petitioners removed and renewed same several
times: and in said removals and renewals petitioners expended for
sail material, and experiments on same. the sum of $270.00 in ex-

cess of the amount expended for such labor included jn para-
20 graph 9; that said sum of 8270.00 js justly due from the de-
fendant to the petitioners,

If. That it was a part of the original contract as modified by the
Government, August 19th, 1897. that petitioners should supply “in
connection with the Roney mechanical stokers.” eertain ash pits of
agrenter depth than shown on the original plans, which ash pits were
clearly shown on supplemental plans approved and furnished by
the Government, in the progress of the work, and to pave said ash

’ 12 C. F, WOOD ET AL., ETC., VS. THE UNITED STATES.

“ pits, and the firing room) thoor abou them, with vitrified brick: that
petitioners, in due time, began said work, and during the progress

J thereof, it was demanded of the petitioners, by the Government's
‘ officers and agents, that they should supply and put in-place, inde.
q pendent of said contracts, granite copings in the floor of said: boiler
4 room and around suid ash pits; and, in spite of petitioners’ protest
‘ they were required to furnish, and did furnish, the said granite stone
, coping around said ash pits, which caused petitioners the duty of
3 extra work of the value of 8250.00 which is justly due and owing

from the United States to the petitioners.

15. That by reason of a change made in the kind of pine covering
adopted by the Governinent’s officers and agents, and contracted and
partly installed by petitioners at the time of such change, petitioners,
over their protest, were compelled to remove the portion thereof
installed as stated. and to caneel a sub-contract already entered into
by the petitioners with Rl Willis Lvsle. of Phinadelphia, Pennsyl-
vanis, and sub-eontract anew for other and different material for
this work, at an extra cost to the petitioners of $2,157.24, which last
naried sui is justly due and owing from the United States to the pe
titloners.

21 16. That the Governments officers agents directed peti:
Hioners to put im certaim steam traps, which petitioners did
put in as directed: that after same had been put im as stated, the Gov-

Satins $hiatige ht is ee Seas

z ernment» officers and agents compelled petitioners to unnecessarily
y experiment therewith to ascertain whether the same complied with
M the original plans and specification with regard thereto, which un-
; necessary experiment caused the petitioners extra expense in the sum
: of $363.00, and which said sum is justly due and owing to the
‘ petitioners from the United States.
17. That the Government's officers and agents retained the twenty
: per cent. (20 ) reserved by the terms of the original contract to thi
3 time when the work under said contract was completed, to wit:
rf Septeniber TS, PSoo, iste vlof January 28, DSO, by reason whereof,
1 and ow ing to said del: Vs. Calist d the |" fitioners in th progress of the
; work by the Government's officers and agents, petitioners were put
to extra expense in paving for the use of the necessary money to
carry on said work, the sum of $38,183.04, all of which expense would
have been saved to the petitioners if defendant's officers and agents
had not interrupted and delayed the work as above stated, and had
paid over the suid twenty per cent to petitioners in accordance with
4 the terms of the original contract for said work; which said sum of
; $3,133.04 is justly due the petitioners from the United States.

18. That on account of the several demands made in the fore-
going paragraphs of the petition. the petitioners say that there is
justly due and owing from the defendant to the petitioners herein th
aggregate sum of sixty-three thousand ninety-nine dollars and ten
cents ($63,099.10). which sum remains wholly unpaid,

C, F, WOOD ET AL., ETC,, VS. THE UNITED STATES. ls

yy Wherefore the petitioners demand judgment against the

hited States in the sum: of R63,.099.10. and all proper relief
in the premises,

CHARLES FF. Woop.
JOUN L. MOYER,
Petitioners.
No 1513 Filbert Street. Phila.. Penn.

JOHN ©. CILANEY,

Petitioners’ A tlorney,

No, 1320 4b Street, northwest. Washington, D. €.

Disrricr or CoLuMBra.
City of Washington, ss:

Charles P°, Wood, being duly sworn, upon his oath, savs that he is
one of the petitioners in tie foregoing petition, by hime subscribed :
that he has read and understands the same: that the allegations
therein made, tpon his personal knowledge, are true; and those
allegations therein made, on his information and belief. he be-
lieves to be true

CHARLES FL Woop,

Subseribed and sworn to before me this 21st day of November.
A.D. 1899.

L. J. WITHEE,

[SEAL. | Commissioner, U.S. Court of Claims.

te

EXHIBITS TO THE Perron.

A.—The advertisement for Proposals.
B.—The Proposals for original work,
C——The Original Contract.

D.—The Proposal for Supplemental Work.
E.—The Supplemental Contract,

F.—Bill of Sale, Palmer to Wood.

(.—Bill of Sale, Mover to Wood.

H.—Bill of Sale, Wood to Mover.

on hg Seal

ith: Ad soe dark x

Hat SS cess tO

14 C.F, WOOD ET AL., ETC., VS. THE UNITED STATES.

ixuibir A.

The Valve rtisetoene for Proposals

Proposals for Rorler Plant, Lou ‘pressure Stearn Heating and Vey
tilating Apparatios ele.. for the U.N. Post Otlice Building, Was!
ington, DO€

Treasury Department,

Otlice Supervising Architect.
Washington, D.C. January 2th. PSo7

Sealed proposals will be received at this office until 2 ocloek }. mn
on the 26th day of February, IST, and opened immediately there:
after for all the labor and iaterials and fixing in place coniplete 9
boiler plant, lows Pressure steaue heating and ventihuieg apparatus
hot and cold water supply system. filtering plant, &e.. for the Cos
Post Otfies Butlding at Washingten., DL Cl. in aceordanee with
drawings and specification, copies of whieh may be had- at thes
office or the otlies of the Superintendent at Washington, 1), |

Rach hick ritust bas aceonipaied hy it cortitied cheek Te}

24 astm not less than 26, of the amount of the proposal. Th

right is rese rved to reject any and all bids. and te waive an

defect or informality ino anyv bid, if it be deemed in the mterest

the Government to do so. AL proposals received after the time stated
will be returned to the bidders.

Propos tls must be enclosed in envelope -. sealed and marked Pre
posal for boiler plant, low pressiire steam heating and ventilating
apparatus, ete, for the UL S. Post Offiee building at Washington, D
Co and addressed to Wm. Martin Aiken. Supervising Arehitect

N. B The regulations of thy Dipartiient ~trietly prokiby thi
consideration of icles reese wee after the tre of opening stited in th
advertiser iit Picick rs are, therefore, requested te allow wip
time for the transmitssion of their bids by rath. Receste red Jetters
usually reach this office at Teast 21 hevr behind the regular mail

(. F, WOOD ET AL,, ETC,, VS. THE UNITED STATES, 1

Exige DB,
Proposals for Original Work

Proposal for Boiler Plant, Louw-pressure Steam Meat ng and Ven-
Hlating Apparatus, ele,, for the U7, &. Post Offices Budding, Wash.
ington, DD), ¢

Phila. Pa. Feb. 26, IST

Mr. Win. Martin Aiken,

Supervising Architeet,
Treasury Department,
Washington, D ©

We hereby propose to furnish all the labor and materials and
iN in place complete the boiler plant; low pressure and
Ha exhaust steam heating and Ventilating apparatus: hot and
cold water supply and fire protection system: and the water
thering plant of the UL oS. Post Officer Buthling, Washington. DD. Sis
y accordance with drawings Nos, 335.2, 552. 3, Bb, 335," 336,
OOS, 300, OHO, OAL, O42, Bas ha. HAO, 1G, 457, 45s, 45u. 160,
W1, 462, 108 and 368 and the specitication for the sum of one hun.
ded and fourteen thousand seven hundred and seventy three dol-
ws (RELA T T7800),
Amount included in above proposal for boiler plant complete,

Wenty Hane thotisatie Hine hundred and eighty two dollars (#20).
is? O0),

Amount inelided in above proposal for low pressure and exhaust
vam heating and ventilating apparatus, except temperature regula-
ton, SIMY four thousand one hundred and eighty seven dollars
SHLIST.OD),

Amount included in above proposal for automatic loniperature
mgulating apparatus, ten thousand two hundred) and twenty-five
lollars ($10,225.00),

Amount included in above proposal for hot and cold Water supply
udfire protection system, eight thousand three hundred and seventy-
une dollars (&8,379,00, )

Amount included in above proposal for water filtering plant, two
‘onsand dollars (82,000.00),

Kind of covering — Asbestos Magnesia Sectional,

Time to complete Two hundred and fifty working days,

Signature:

THE PHILADELPHIA STEAM HEATING
COMPANY,
Address: 1513 Filbert St, Philadelphia, Pa.,
By CHARLES FL Woop.

Names of individual metibers of firm James A. Palmer, Charles
Wood, John Li Moyer,
Name of corporation-—Not incorporated,
W. M. AIKEN,
Supg. Archt., Feb. 26, "V7,

een ee ee

ted Athy

ity (FP Woop evr abn. be. VS. THE UNITED STATES

Nore.-We will furnish all the labor and materials and fix in
place complete the entire svetem: as above sing the Peerless Vou _—
Svetemi in place of the one ~peeition, for the stau of one tan
Shh dred and fourteen thousand dollars OST TE.Q00l00 We will
furnish the above boovtdet pelaunat complete using Rones
furnaces in place of the furnaces ~peeitiod for the stm of twenty-ciahy

thousand four hundred and eighty-two dollars (828,182.00

THE PHILADELPHIA STEAM THE AVTING
COMPANY,
By CHARLES F Woo

xninir ©
The Original Contract,
General Tostruetions and Tnformation
Treasury Department,
Office of the Supervising Architect,

Proposals for Boiler Placat, how 7 Le Nteais Ileating and Vey
tilating Apparaties cte,. for the US, Post Otiiee Building at Wash
ington, ]). ¢’.. Linvited hy Public Advertise ment Dated Januar

29, 1897

Blank Form
Kach bidder must obtain a blank form of proposal fron thy (thie
of the Supervising Arehiteet and: prepare and submit tis prepos
thereon. The original drawings named in the specifications will by
retained in the Office of the Supervising Arehitect, and tracings of
eqme will be furnished bidders upon ap

i

photographic copies of the
plication therefor

I5 Return of Drawings

Parties obtainimg copies of drawitige rust Petrrys them within 2

davs from the tiie of receipt,
Competeney of Bidder
arties whe are not known to be regularly ane

led for by the drawing
facilities for doing th

Proposals frome |
practically engaged in the class of work
and specifications, or whe do mot possess ample
same. will not be considered

Preliminary Requirements,

Before sulmnitting i! proposal, each bidder Hitlist ake il careful!
of the drawings and specifieations, and fully inforn

examination !
iracter of work manshi

himself as to the quality of materials and che

C, PF, WOOD ET AL., ETC., VS. THE UNITED STATES. 17

required, and make a careful examination of the place where the
materials are to be delivered and the work performed, and make all
necessary theasurements,

Quality of Materials,

Unless otherwise specified, the materials furnished must be of the
lest quality, make, and device for the purpose required, and the
bidder must make his estimates accordingly,

Form of Proposal and Signature.

Rach bidder must state in his proposal, in writing and in figures
Without interlineation, alteration. or erasure), the sum of money
for which he will supply the materials and perform the work
required by the drawings and ~pectieations. and in the event he is
willing to complete the work ina shorter period than the limit fixed
wothe specification Cor if ne limit be so fined), the time for com-
pletion,
The proposal must be signed with the full name, address, and
hee of residences of the hidder: if the bidder be ut copartnership,

then in the copartnership name by a member of the firm. and
Mi the mames and addresses in full of each member of the firm
must be given: and if a corporation, by an officer in the

orporate name. and the corporate: seal must be attached te the
site

Forfeiture for Delay

Kael, bidder Wittst tiatelerstaned that, ~hould his proposal he ic
cepted. he is to forfeit to the t ited States the sum of one hundred
dollars GS 1O0.00). as liquidated damages for each ud every day's
lay not caused by the Government that lay occur bevend the
ime stipulated in his proposal for the supply of all the materials
hd the performiines iid completion of the work : subieet, however,
othe discretion of the Seeretary of the Treasury ; and that he is te
eetititled to one day, in addition to said stipulated time, for each
ml every day's delay that may be cansed by the Government.

Alterations and Additions,

The Department reserves the right to make any ad
missions from the work op materials Jrerein Provie
Hon of such work and materials, if not agreed upon, to be deter-
wihed any the lutsis of the comtrael unit of value of material and work
wferred tos or, in the absenee of such unit of valne, on prevailing
wirket rates: whieh market rates, In ease of dispute, are to be deter-
wined by the Supervising Arehiteet. whose decision with reference
hereto’ shall be hinding upon both parties: and that no claim for

3—435

Iditions to or
led for: the valn-

ky pint

ee a

es

8 te A as I pelt DL GS RES eS tlttity ll ath

Jee

=

ae

rs ae

a

4

Is C.F, WOOD PT AL, RVC. VS. THE UNITED STATES,
damages, on aecount of such choiees or for anticipated profits, shall
bres race or nllowedl,

Cortitied Cheek,

Rach bidder qiuet subnoot with bis proposal a certified cheek. iy
sultn equal to 2 per cont. af the snout of bis proposal, rani ty
the order of the Treasurer of the Cited States, and the proceed. ot

said cheek shall beeotie the property of the United Stites. i
27 for any reason whatever, the bidder, after the opening of thi

buds, withdraws frome the COnMpet Lion, or if he refitees te
execute the contract and bond required: in the event of the said eon
tract betig awarded to bin

The cheeks submitted Hy the Hitbe ties s

oO) C.F. WOOD FT AL., ETC., VS. THE UNITED STATES.

cubstontial east iron door frames properly riveted on. The betton
end of stroke stacks must be re-enforeed by 167% x 6" bar iron riveted
to stacks, with 7.” diameter rivets, top end of stacks to be hooded
in necordanee with details shown on drawing No, 497,

Boiler Trimmings and Firing Tools.

Each boiler is to be provided with:
One 4” diameter lever safety valve of approved COMSEPUCTION ati
one 1 diameter approved cam: lever pop: safety valve wit!

1 eolid niekel seat secured in the valve casing in a first e!

silss

nehiner
One steam pressure gate for high pressure. Gauges to hay
non-corrosive movements, have 12” diameter engraved dials erad:
uated te 200) porns, and nickel-plated) brass cases, The corner
tions to steam gatives to have evphion drain cocks in proper pas.
tions.
One polished brass ornamental gauge column with TS wat
enue, and three polished gauge cocks, of approved and. first-clis
pattern with Tftine handles: column to have [ly diameter polishe:
brass commect tons with boiler, and to be provided with proper biyites
drip valve at bottom: of column, from whieh valve a brass drip pnp
i to be run dewn amd through east iron front inte ash put A
. exposed pipe connections to Lotlers to be extra heavy, polished pits
: pipe and fittings,
One 11.” diameter polished brass feed valve.
One 11.” diameter polished brass check valve.
One 2” asbestos blow-off cock and 115” diameter polished brie
approved Yo blow-off valve, with all the necessary connections |
the blow-off tanks, and sewer as shown upon the drawings, To

damper regulators of approved make te he furnished and be con
nected, one to eaeh six boilers, so arranged as to meve the diatnipers

in the main vertical branehes of breeehings. Phe damper regal

tors to he of first-class Constriet ian wed of =tiel) positive netion the

the least variation of pressure will move danapers in breechings
The contractor is tilse required to furnish all Hecessiley Pipe shaft
ing, bearings, hangers. |
of dampers. He nist also nircke all steam and: water prpe ear
heetions to regulators im i
doors. whieh eases are to he constructed of oak, cabanet finish
1 The Following inne Tools to he iuirnished for Patter
Two Blo” steel wire fue brushes and handles

Six wrought iren slice bers.

Six wrought iron hoes.

Kight scoop shovels, No. 5,

Two steel wheelbarrows, No

Two wrought iron serapers, with linked rods, for eleanme
breechings, and two galvanized lod buckets 167 in diameter
rs a” high. with steel rine bottom and toy. and steel Handles

”

é PY. aie Rear od

milleys ane chains to property conteet feves

Potnest approved: miaamner, the regubator
to be located on the pers in fire Poot. 1 suitable use with law

l,

(, b, WOOD RT AL. BTC. Vs. THE UNITED STATES. ol

Two sets of wrenches for the use of manholes, blow-off cocks, ete..

io be furnished and placed on general wrench board, hereinafter
specified, :
The above tools must be furnished complete adter the entire ap-
paratis ds finished, and to be delivered to the superintendent or cus-
idian in charge of the building. Tools at time of delivery must
he Hew

Railway for Coal and Ashes,

Mor conveying coul and ashes to and from fire room, from coal
wid to ash vaults, this contractor is required to furnish and securely
Hx in place an industrial railway in accordance with design shown
upon drawings Nos, 332 and 4625 the railway to be of the standard
gage of 2112” and to consist of standard 210” rails secured to up
proved steel eross-ties, spaced 2442 apart on centres. Two turn-
talles to be arranged where shown and curved section of track to
start at bottom: of incline as indieated. The turn tables are to he
weutely fixed in place and supported on rings of hardened steel
alls runny in turned grooves, which are to le protected with
Hinges to keep out dirt: surface of turntables to be roughened and
dimneter of same to be not less than 02”) The tracks to be hodded
the coment and vitrified briek flooring as necessary and direeted,
wud top of rails to be on level with floor line. Two cor and ash
ers to be furnished for use on above tracks: same to be constructed

of sheet steel stiffened with ingle iron, Sides of ears to be
iT arranged so that same can be dropped, and dumping. attaeh-

ment to be such as to permit dumping on cither side of track,
Width of cars, with sides closed, to be not less than 42”. and capacity
sume to be about one-half ton. Cars to be furnished complete
wrunning order, and to be properly painted,

Water Supply and Fire Protection Svestem.

The water supply for the building is to be taken from the Lith
and T2th Street mains, as fully indicated on drawing No, 332, by 6”
ameter service pipes. This contractor is required to pay for all per-
mits, &e., for making all connections of service and street washer
wnbections with street mains. The 6” service pipes from the two
‘rect mains to be laid according to the drawing, und to be connected
10" diameter stand pipe in pump room where shown, The ser-
‘ice Mains from street mains to standpipe to be heavy east iron hub
ind spigot water pipes, coated according to Dr. Smith's process, and
vinted with hemp and lead, eaulked in a first-class and approved
manner, Near curb line each supply to building is to be provided
With first-class cut-off valves of the pattern used by the Distriet Water
epartinent; same to be provided with suitable casing and service
lox for the protection of the valves. The service hoxes in the pave-
went to he extra heavy and provided with loek ‘attachments, The
WW’ standpipe to be heavy east iron flange pipe properly connected to
vrvice pipes and to vacnum chamber of fire pump. From top of

ee ee ee ee en ae ee ee

C, Pr, WOOD ET AL, ETC., Vs. THE UNITED STATES

standpipe a 6 diataeter atin ts Droanehed inte two P commeetions,
the latter of which are run to the two water filters, Diseharge pipes
from filters to be A” diameter commeeted to the 6° diameter filtered
Water Main, te Whiel latter the 1 suetion pipes of louse pumps ate
connected us shown, \ eros. conection is also to be rade Prom the
Main water supply pipe to the suetion pipes of House pumps se tliat
water filters can be cut out if desired The three ineh diseliarg
pipes frome the house putaps are rin to the pressure tatik oof the
Water supply servicer, Suetron pipes of rotise pumps to te
4s provided with suitable approved air iijeetors fo constants
replenish the air eushion of pressure tank, ‘The stetion and
discharge pes of the {tire i tiitist also be cross connected With
the filtered water main and pressure tank, as indicated on the craw
ing. so that fire pump can be used for Diilding stipply purposes
rom bottom: pressure tank a i supply nian is run as shown ated di
vided inte two 3” branches, eveh of whieh supply two Jha” risers in
the main vent shafts for supply of plumbing fixtures; the sappy
hiains pnd pisers are to be run i aceordanes with drawings Nes 16]
462 and (63. In eael story, ineluding the baserment, each vertical
riser to have a D4 4” diameter outlet for fixture supply
The 114” branches up to ane including fourth story te be porary tee |
with first-class presstire reguhutiig VitlVes TOT EEEEEE GE VOTE pres:
eure on fixtures, Pressure regulators to be valved on either side and
also provided with Lyepss, sane size its branches, ane valved so that
pressure regulators can be eat out if necessary, ALL the outlets in
risers are to be left ready for the plumber, from whieh points th
latter will run serviee pipes to fixtures, A 6" diameter main ts also
to be taken from: the pressure tank, divided inte two 4 branelies
whieh latter are conneeted with hot water and feed water Leaters re
spectively, A eross connection: titist also be ran from the 6’ main
to the suetion pipes of boiler feed pump, ete. se that cold: water eat
be introduced inte the hoilers direct without PRESS TEL through th
heaters. ‘The diseharge pipes trom the heaters to be A” in diameter
run as indieated, and at the points shown provided with 37" diameter
branches, each of the latter of which is divided inte two 2ty"
branches running te the 2'o" hot water risers 1 the four miain ven!
shafts as shown, ‘Phe hot water risers to be arranged with outlets anid
provided with pressure rewulating valves as heretofore speeitiod: fa
the cold water risers, Return eireulating hot water risers are to be
taken from the top of hot water risers in the four vent shafts ane
taken to basement, where same are connected to the Tot water and
feed water heaters, Sizes of the return eirenlating pipe and
9 run of same to correspond to the hot water flaw pipes, Al
connections to the feed water and hot water heaters to bl
made, as shown, in such a manner so that either one can be used for
either purpose,

House Pumps.

The two W" x 514" x 10” Jiouse purips hereinafter speeitied im th
list of pumps are ineluded in the water supply system and. located
where shown on drawings Nos, 881, 882 and 462, Same are to bn

C, F, WOOD ET AL., ETC., VS. THE UNITED STATES, 33

provided with all neeessary air and drip pipes, drip trays, one pint
side feed Tnbricators, ete, Steam supply and exhaust pipes to be run
and to be of the sizes shown, and besides the ordinary throttle valves
the steam supply pipes must he provided with approved pulp gov.
ernors controlling steam supply to these pumps automatically: start-
ng and stopping the pumps whenever pressure in tank falls below or
rises above the required set pressure,

Pressure Tank,

The pressure tank for the water supply of the building is to be 4’
diameter and 10’ high located in the basernent where shown on draw-
ing No, d62. The tank to he constructed of the best « tality homeo.
geneous stecl, shell to he #4” thiek and heads to be 4.” thiek properly
riveted together with a” digmeter rivets, spaced 2” from centres,
Vertical seams to be double riveted staggered and rivets for same to
be spaced 844” from centres, Tho heads of tanks to be properly
dished to avoid using interior brass rods,

Tank to be properly eaulked inside and outside and all openings
for pipe commeetions miust be reenforeed with heavy thanges in a suit
able and satisfactory qiamner. ‘The Gink is alse to have main hole of
approved construction placed near the bottom of tank, and besides
supply and discharge pipes must be furnished with safety valve, pres
sire Que, pipes fo purp regulators, draw off pipe, water gauge, ete,

The tank is to be supported on strong suitable east iron shoes,
) Which latter are to rest on proper brick foundations with 4”

thick dressed granite coping on top, set flush with floor. Tank
isto he tested to livdrostatic pressive of 200 lhe, to the eq. ineh, All
vonnections between pump and tank and betwoon the tank and filters
and water mains are to be properly made and valved as indieated on
drawings Nos, 831, 882 and doe

Pdotewrter Lleates

The hot water heater for hot water supply plirposes to be an exaet
duplicate of the feed water heater hereinafter specified, ATL connec.
Hons to ste nitist be aiade and valved as shown so that either heater
ait be used for either purpose as desired or be disconnected when.
HOCOSS TEN,

Besides the exhaust connections the hot and food water heaters are
wich to lave a i” diameter high pressure steam connection taken
fron stein main to LO” pressure reducing valve. Eaeh 1” pipe to
have eut off valve and also he provided With first class tomperatire
menlitors, autommatioully cutting off steam supply when lornperviure
of hot water rises above the required degree

ire Pump.
The 16" xo x 12" fire underwriter’s pump included in the list

of pumps hereinafter specified is to he ineluded in the fire protection
etem, Steam, exhaust, drip, priming and air pipe connections for

Se

pale Po

armvs
-

S4 C.F, WOOD ET AL., bTt., Vs Mike UNTER STATES,
the pump are to he of the sizes shown and required, The 10” su
tion pipe to be direetly connected to stand pipe, amd the 7” discharge
pipe from fire pump t= to be divided inte 67 branehes runing ene!
and west, eaeh of whieh ts again divided: dite two 1 supplies ren
lillive north and south te the fern - stand jrhpres to le lesitocl iby thy
northwest, southeast and southwest main vent shalt wed ine the tert!
partition of exist Hit shirrestee, all as shown on the drawiigs. “Pls
four 4” standpipes run up to above ninth floors and abut oo 07
above each floor line, in each story, where shown, a 2% dian
| eter outlet is to be arranged for fire hose connections, — Whiere
so required branches niuet be run fron the stardpipes to tli
proper position of hose reels, Each outlet on standpipe or brane!
is to be provided with approved mekel plated lose valve wed ay
proved swinging hose reel with full area waterwias commections, Whiel)
hose reels must be securely fastetred: in position Haeh of the ential
hose reels in basement and first story to be provided with P20° and
cach of the 32 hose reels for the upper stories to have Lo of Th.”
diameter, first quality, twilled cotton, rubber Vitted Those: eaebe ties
line beim st wlied With the necessary brass piekel-plated couplings
and conned Doras nickel plated hese, lio each eormer ob the
building the 2'o" diameter rivers of cold water supply services are te
he cross commected to the U diameter fire stanelpipes re the nant!
story, se that fire statel pupes are Compstaanithy ready fav st rview, 'T)
cross contection ib each ease to have: swig cheek valve opening te
wards tire stand pel pres andl closing oe soon is thre tine stants cite
produces a higher presstire ine stauneclpripoes
From the cold water suetion of boiler feed pump at Ve tiaetey
pipe is te be ran overhead to west pier in fire neon of boiler, wher
Jelprer is te te provided With hose valve and swinging lies reel wit
so” of Lhe” first-class quality rubber hose, with the tees
couplings andl nozzle, Reel to be eeourely bolted in pliner
Street Washers

Where indicated on drawing No. Gaz, sis 2” iateter street Wael
or are to be loeated, one on each corner, and one eneb in the eente
of Eleventh and Twelfth Streets fronts. The former are to be al
rectly connected to the city mains, while the latter ean he comect
te G” service mains entering the building, “Phe street Witshers te by
located in paverent and to be of approved pattern, anitiefreezing, at
provided with ston eoek and locking attachment anmel heavy stat honar
tops complete. Connections to city mains te be made with 27 d

ameter lead pipes not less than ? Ihe. per foot

YY Water Filters

Where shown on drawing No, 462, two approved waiter filters «
to be loeated and connected to the sater supply system of the Tutte
ing. The maximum size of the filters to be used is shewn on tl
drawing. It is, however, required to reduce the diameter of 1
filters as much as possible, and filters having the least number of

C.F, WOOD ET AL., ETC., VS. THE UNITED STATES. 35

valves to handle in operating sume without interfering with their
ilectiveness are preferred, Bach of the filters is to be yvuaranteed to’
have a ocapacity of not less than 100 gallons per minute. The eon-
-Hruetion of filters to be of approved fort, and sueh whieh absolutely
prevents the filtering beds from fecoming lumpy,

The filters are to be connected so that either one or both ean be
used as desired, anel besides supply and discharge mains must have
wll ieeessary bypasses, commeetions for Washing filter beds. and waste
connections to remove sediment while washing filters, The waste
pipe from said filters to be connected te drain, whieh latter ‘lischarges
Hite drip tink as indicated on drawing No, 162. Kaeh bidder is re-
quired to furnish with his bid blac prints showing the construction
of filters and complete detail specification covering the operation of
lilfers he proposes to use,

Blow-off Tonks.

Two 10" diameter by 8'0” long blow-off tanks are to be furnished
wil located behind boilers where shown on drawings Nos, 351, 332
amd do. Sail tanks are to he eonstruceted of the best charcoal boiler
Won, the shell being 5 16” thick and the heads and inside partition
Me” thick All outlets for blow-ol, overtlow, vapor and draw-off econ-
heetions to be located as shewn and required und reenforeed with
sHituble thinges or bosses of standard dimensions properly tapped
ond riveted on, Manholes similar to those specified for boilers to be
pliced on top of tanks and partitions forming trap to be loeated 1

0” from heads, to whieh blow-off Pipe connections are made.
1 Suid partitions to extend te within 1/0” from bettom of tank.

Seams to he riveted with °s” diameter rivets, spaced 144”
fromeentres, and alse to bo split and eaulked inside and chipped and
citiked outside, caulking to he done with blunt tool, Overflow from
cach tok to be conmeeted with sewer where indicated, and bhoweaff
connection fo he property by-passed, so that tank ean be eut aut if re.
quired, Draw all conmections fo he rade where shown, The Virpor
pines to be Vin diameter, and that from: east blow-off tank is to be
connected to 5” air pine from condensation receiver, and the one
from west bloweff tank to the 6” vent from drin tank as shown,
The reoular Mow-off connections from rear end of boilers to be con-
nected to the blow-off tanks, while blow-off of furnace attachments
are to be run to drip tank as shown, The blow-off tanks to he sup.
ported on cast iron shoes, whieh in turn are to have brick founda-
tions with dressed stone coping on top,

Drip Tank,

V9 diameter x 14 deep drip tank is te he located in eneine and
inp room shown on the drawing. Drin tank is te be constructed
of best cuslity charcoal iron, shell te be 8” and heads 7/16” thiek,
Two foot diameter man-hole with steam tieh¢ inint is to he nlaced in
toy head of drip tank, Top head of drip tank to be located approxi-

36 C.F. Wound £17 AL, ETC., VS. THE UNITED STATES.

mately 3’ 6” below basement floor -o that all drip pipe connections
and drains from trenches can be made to top head of tank. Tank
to be placed on a concrete bed not less than 15” thick and surrounced
by conerete wall 12” thick. To place tank, the contractor, is re-
quired to sink circular wood casing into ground and do all excavat-
ing, the cireular casing to be not less than 7” 0” inside diameter and
of proper height so that sarue can be used as form to construct con-
crete wall around tank. On top of drip tank a square pit is to he
formed of brick and conerete walls in accordance with drawing No,
462, This pit is to be covered with cast iron plates laid in’ borde
strips and supported by tee irons similar to plates, ete., speeitied for

large trenches. Drip tank to have 6” diameter vent pipe run
od in trench to point where same rises to basement ceiling: and

thence runs to and up above cover of southwest vent shatt as
shown, Where pipe is to be provided with copper exhaust head. All
pipe COMMeEttotis to drip tank except blow off of water grates and vent
1) le provided with aWihhy check valves, Drips tank to le
emptied by ejector hereinafter specilied or by steam pump, the sue
tion pipes of which are to be eross-conmected into one suction. pipe,
Which latter is to extend within S” of bottom of tank. A) stitable
approved indicator arrangement must be provided showing height
of Water in tank, said arrangement to be placed on wall of air chan
her immediately south of tank, The steam supply of this pump to
he automatically controlled by float in tank starting pump whenever
water rises above maximum level and stopping same when minimnun
level is reached,

Pirnaipes.

The following pumps are to be furnished and meluded in this con
tract,

One 1" xs 12” underwriters fire pump :

Two xs 51" x% 10" hotse supply purpes ;

Two’ x 10% x 12” special vacuum pumps:

Two The” x do” x 6" condensation pumps:

One 716" x 446" x 6” boiler feed pump;

One 6" x 4 x 6” pump for emptying drip tank ;

One steam ejector of not less than 1.500 gals. cap, per hr.

All pumps to have brass plangers and piston rods and be supplied
with the necessary draw off, priming and drip pipes, ete.. and also
have nickel-plated side feed lubricators of first class and improved
pattern and proper capacity. The pumps will also be provided with
drip trays on top of foundations constructed of 16 ounce planished
copper, 2” deep and properly wired at ton edge. The underwriters
fire pump and the house pumps are embedied in the water supply and

fire protection svstem of the building and are hence to he in
ays) ¢luded in the proposal for said subdivision, while all other
pumps are to be included in the heating and ventilating ap
paratus proposal. All the pumps to he supported on suitable brick
foundations provided with 4” thick dressed granite coping on top.
Exposed part of brick foundations above basement floor line to bh

C. F. WOOD ET AL., ETC., VS. THE UNITED STATES. 37

faced with front brick as specifiod for |
nections to pumps are to be made of the sizes as shown on the draw-
ings. and where required by same steam separators are to be provided
in steam supply connections. The steam supply pipes are to have
cut off valves in the overhead piping in addition to the ordinary
throttle valves. Exhaust pipes of pumps to be controlled by gate
valves. The suction pipes of vacuum putnips to be connected to the
W" return main of heating apparatus and valved as shown so that
either vacuum pump can be used for exhausting air and condensa-
tion from the heating system, Mach suetion before connecting to
Sigs ho as
pulp to have suitable dirt eatehor Inserted in pipe. The 5” dis.
charge pipes of vacuuny Pups are Connected with 5” main discharge
from same, Which runs to the condensation receiver as shown,

The 4” suction pipes of the two condensation Piunps are to be con-
nected With the condensation receiver and pump governor so that
either pump can be used and one be kept in reserve, The 3” dis.
charge pipes to be connected to main boiler feed pipe as indicated,
The suction cnds of condensation Pulips are also connected to feed
water heater and cold water supply so that either pump can be used
for hoiler feeding purposes as may be desired. Steam supply to the
condensation pumps to have eeparator and also to be so cross con:
nected anid arranged that Punip governor automatically controlls
slew supply of whatever Purp is uscd for Pumping condensation
hack to the boilers,

The suction of boiler feed Purp is connected to feed water heater
and also to cold water supply as shown upon the drawings, It is also
to be cross connected to the suction from the condensation receiver,

so that same can be used for pumping condensation from the
Ws latter. Discharge pipe of said pump to be connected with

main feed pipe of boilers Where indicated on the drawings.
Seam supply of this pump, however, is not controlled by the pump
governor, MII connections of the above specified pumps to be prop-
erly valved so that either pulp can be used for either service, or cut
mits desired, Drip tank pump to be located where shown suction
of same to be cross connected With suction of steam ejector and a 8”
pipe extended to near bottom of drip tank as heretofore specified 2”
discharge from pump run overhead in boiler room and thence down
ind connected with overflow from blow-off tank of east battery of
oilers before said overflow enters sewer, The steam ejector to be all
brass and properly supported in pit over drip tank, Steam connec-

tions to same to he made as shown, suction to be cToss-connected to

pump section as heretofore specified and discharge to be run to dis-
charge from drip tank pump, all connections to be so valved that
tither pump or ejector can be used,

oiler settings. All pipe con-

Condensation, Receiver,

Where shown Upon the drawings, a 30’ diameter by 5’ 0” high
condensation tank is te be located and placed on Wrought iron stand.
Said tank to be constructed of the best quality charcoal iron: shall
be 14” and heads 88” thick, riveted together with 5¢” diameter rivets

at:

When sere ap he

ae ee

2 ae

Peseseus Se bd oa a OES

Os C.F, WOOD ET AL., ETC., V8. THE UNITED STATES.

placed 1°)" from centres. Bottom head to have flange turned out s
that head can be riveted from without without using a manhole on
tank, Alb scams to he properly chipped and caulked, and all outlet
of tank to be property reenforeed with suitable flanges or cast troy
hosses, tapped for pipe conmecthons and securely riveted ol. \ yy
diameter water gange of approved forty is to be connected: to tank
as directed. Discharge from vacuum pumms te enter top of tank
and O” airvent pipe is alse to cin from top of same to and up sour!
east vent shaft to top: W vapor pipe from blow-off tank of east ba
tery of boilers is to be conmeeted to said pipe where shown; tank tol
supported on angle iron stand, resting: on suitable brick foundations
With stone coping

\
W Pump Governor,

A No.5 positive-aeting: purp governor to he placed in boiler roou ie!
and properly connected to condensation tank and suction pipes ¢
condensation pumps. ete. The governor to be supported at prope h
level and heavy plate eolumm, whieh in turn is to have heavy ee
iron base plates and suitable hriek foundation with dressed stone ¢
flush with floor, A 2 diameter equalizing pipe is to be taken fro
the condensation receiver and connected to pump governor,

eed-water Heater, ;

The G00 horse power feed water heater of special and first-clw
make, not less than 48” in diameter and not more than 72” hig!
ig to be furnished and located where shown on the drawings, This
heater is to be supported on substantial legs or wrought iron. stand
which in turn are to be supported by proper briek foundation, with ie
four ineh thick granite coping on top. Stand to be of sutticier
height to allow all pipe conneetions to he properly made, whicihe
latter are run as indicated on the drawings and as speeitied, Ti
hot water heater pecttiod under the hot water supply sVstem is |
he an exact duplicate of the feed water heater, and both of thegiyu
heaters are to be cross connected, as shown, so that either heat
ean be used for either purpose. ti

i]

Exhaust Tank.

The exhaust tank to be 3’ 6” diameter and 6’ 6” high, construct
of the best quality of homogencous steel; shell to he o 16” thick a
heads 7/16” thick, properly riveted together with °x” diameter rive
spaced 134" from centres and 27%” from centres for double rivet
vertical seams, The tank is to be placed where indicated on t
drawings, supported on stiitable angle and tee iron stand. The bri
foundation for tank must be furnished and provided with 4” thi

dressed granite coping set flush with floor, The tank to ha
5S outlets reenforced with heavy cast iron flanges for exhat

steam, live-steam and steam supply to heating apparat
all piaced as shown,

C.F. WOOD ET AL, ETC., VS. THE UNITED STATES. 39

Outlets also to be provided for
A combined: pressure and vacuum wauge is to be connected to ex-
haus! tank in first-class manner. the gauge to have 10” diameter
engraved dial and polished nickel-plated brass ease. and he of the
same grade as specified for the high pressure gauges, Gauge to be
paced so that it ean be casily seen, and connection to same to have
phon drain and slop-coek in proper position,

drip and draw-off connections.

Steam Separators,

The following steam separators of first class and approved pattern
must be furnished und connected to the steam supply pipes of the
wicks Pulnps and engines,

Twod” Separators for steans sUpply to tire

One I Separator for steam supply to N, J
lieating coils,

One 3” Separator for steam supply to S. W, ]
heating coils,
Three 3”

ahd vaeuuna pulps.
» Fan Engine and pre

‘an Engine and pre-

Separators for steam supplies of Elevator
Two i” Sse Purators for steam supplies to Totuse
One 8” Separator for steam Condensation
\ll separators to he provided With drip |
he Valved close to separators aid themee runt
after specified,

Pups,
Piinipes,

irriapes,

pes Which latter Must
Osteum traps as herein.

Stoun Traps.

The following standard hd such eon-
struction Which will permit disconnecting of traps without disturb.

YE pipe connections to sme, are to be furnished ane Pliced where
required,

stew Hips of approved

Three No, 2 Traps for sCpuutor drips of ele vator Aunps,

Hf) Two No, 2 Traps for separator drips of fire andy uum
PUlps,
Two No. 1 Traps for separator alrips of

“lean supply to house
pumps,

Me Nod Prap for separator drip of steam “upply to condensa-
Hon pumips, and drip from high pressure steam nian,

One No.3 Trap on drip from high pressure
m to 10” pressure reducing valve.

One No. 2 Trap on drip from 4
ugine in northeast corner,
Two No. 3 Traps on drips from feed water an
Two No, 2 Traps on drips of separator
Two No. 2 Traps Ono dain returns from pre-heating coils in cold
irchambers (for use when high pressure steam is supplied to coils)
One No, 4 Trap on main return from indir
ort space (for use when high
ton).
One No, 2 Trap on drip from cil clitninator,
ibe run to drip tank.
All the traps above are ta be |

“leu main at connec.
” hieh pressure steam main to fan

| hot water heaters.
~ to fan engines ete,

ect radiation for interior
pressure steam is supplied to radia-

Discharge from t ‘ap

Woperly connected in their various

4 CoP, Woob ETAL. PPC. Vs. THE UNITED STATES

positions as shown on drawings and required. Discharge pipes from
same are connected to main return of heating apparatus or to drip
pipe mains as the ease may be. Traps to be by-passed and those
connected with radiation as above specified to be so eross-connected
with return pipes that cither the traps of the thermostatic valves on
returns may be used. ‘Traps below hot water and feed water heaters
are to be similarly eross connected,

Oil Separators.

An approved oil separator is to he placed on the 12” exhaust main
in pit above drip tank as shown on drawing No. 462; drip from same
to be taken to trap located in the same pit, and discharge from same
to be connected to drip tank,

HU Pressure-reducing Valves,

The following pressure reducing Valves to be furnished and located

where shown upon the drawings
One 10” pressure reducing valve on connection to exhaust tank.
One 5” pressure reducing valve on connection to steam supply to
indirect radiation for interior court,
Two 3” pressure reducing Valves on steam supplies to pre-heating
coils in cold air chambers.
All reducing valves to be of first class pattern without springs and
be placed between valves and he by-passed as shown on the drawings

Back-pressure Valve.

A 12” diameter absolutely noiseless back pressure valve of first
L approved pattern will be placed on main ex-

class construction an
shown on the drawings,

haust pipe exhausting to atmosphere where
Radiation.

The amount of radiating surface is marked on the drawings for
each radiator and the actual amount furnished must be substantially
the same, in no case less. “The indirect radiators to be either wrought
or cast iron of the best quality and grades manufactured and of sueli
styles as specified.

Wrought iron ra
1” in diameter screwed into a cast iron base with
return bends connecting pipes at opposite ends,

All connections of wrought or cast iron radiators of pipes or loops,
ete. with bases, or between the different sections, as the case may be

must be first class joints, iron into iron, made without the us
61 of any packing or washers, All direct radiators to be eas
‘ron ornamental and those with air supply to he of the flue
AML radiators can only be used upon the basis of the actual
loop which rating will

liators will be construeted of wrought iron tube:
‘ast iron sereW

type. ’
heating surface contained tn each section or
be given by the supervising architect,

(

C, F, WOOD ET AL., ETC., VS. THE UNITED STATES. 4]

Indireet Radiation and Brick Chambers.

The indirect radiators for warming air supplied to the basement,
first story and mezzanine story rooms are to be constructed of 1”
diameter wrought iron tubes four and six pipes deep as indicated and
screwed into cast iron base staggered: with cast iron serew return
bends connecting pipes at opposite ends: or else to consist. of per-
fectly smooth cast irom surface containing none but prime surface.
Radiators to be placed in brick chambers constructed of 0” thick
walls below and 41.” thick Walls above radiators, except radiators
for main post ofliee working room whieh are enclosed in Chambers
constructed of 9” walls. Walls to have conerete foundations and
floors of indireet chambers to consist of eonerete as shown. The
approach for lookouts and cold air chambers built. in conjunetion
with the indirect Chambers in centre of the basement are also to be
included in’ this contract, Radiators to be supported on wrought
iro bars and tee irons as indicated, with return end of radiators
sullicrently elevated to vive proper drip to condensation. The cone
nection to radiators to be made from top and bottom of same. The
walls of chambers must properly cnelose the indirect: radiators so
that no air ean pass into the heating Hues or pedestals without coming
In contact with the radiating surfaces, Where floor virders do not
extend down between radiating surfaces the space between radiators
must be closed with galvanized iron box constructed of No. 24 B.
W.G. galvanized iron properly fixed in position. Eaeh chamber to
have one large cast iron manhole frame and east iron door below and
wo stall cast iron manhole frames and east iron doors above radi-
ators, "To secure doors perfectly tight when shut, doors and frames
will have Ings east on with holes to receive properly made pits

5/16” in diameter, the latter to be fastened to doors with
We light chains. Any other arrangement of holding doors prop-

erly shut will be accepted. For connecting indirect radiator
chambers with the galvanized iron lining of pedestals on upper floors
ihe contractor is required to cut holes in first floor arches and pro-
vide flanged cast iron boxes or sleeves as per details, Said boxes and
galvanized iron riser sleeves constructed of No, 24 B. WG. gal-
vanized iron to be placed on suitable centres and arehes repaired by
filling space around boxes and riser sleeves with concrete properly
famped in place. The present fire proofing around girders and
heams where erossing indireet radiator chambers must be removed
and replaced by new fire proofing consisting of hollow tile. ete. as
shown.

The construction of indireet radiator chambers, connection of
same with pedestals above. ete. is fully shown by the details pan
drawing No. 459

Preheating Coils and Indirect: Radiation for Centre Court Spaice,

The indirect radiation used for pre-heating cold air and for heat-
ting air for contre court space to be of the same stvle wrought iron

§6—435

wy A ehey ese eae Ls

j
‘
»

4

i
2
¥
'

2 ©OP, Woop ET AL. RTC. VS. THE UNITED STATES.

radiators as specitied for indirect radiation and be of the sizes shown
on the drawings. ‘The radiators for pre-heating air are to be located
between and supported by brick walls and piers as shown by details
on drawing No. 460, and are provided with damper frames and doors
in front of radiation as fully shown. These damper frames are to
be constructed of tee and angle iron and extend from: bottom: of radia
tion to bottom: of girders ete., above, as indicated. The Upper paar
of frame to be closed with sliding damper 3’0" high constructed: as
per detail of angle and sheet iron and provided with handles, chins
pulleys and counterbakinee weights, which latter are to be located
in suitable position, ‘The lower section of frame to have folding iron
doors constructed of bar and sheet iron as shown so that by closing
same and lowering sliding dampers the entire radiation surface cap

he covered and by -putsses arranged over the top of siniie
os or by opening doors and lowering sliding ditnipers the an

can be partly drawn in, above and partly through radiating
surface, Doors to be provided with hinges und suitable attachments
for holding same open or closed as desired, Entire frame work
must be properly riveted and bolted together. "Phe radiation for
heating air for court space is to be located in ehamber and to ts
supported on briek wall and 9” TP beams, all as fully shown on
drawings. Al briek and stone work in eonnection with this chamber
and hot air duet to upeast flues in court space. is ineliueded dn this
contract. The top of the hot air chamber to be constructed of tw
courses of brick laid in lime mortar upon tee ren construction
hereinafter specified. Top of brick work to be grouted and covered
with 1” asbestos mortar with hard finishing coat on top.

The wall above front of radiaters to be supported by two |
heams inte whieh 315” tee irons for support of cover are to ts
properly framed, These tee irons are to be spaced about 2767 apart
Light east iron covering bars, of top, the spacing of whieh is governed
liv the length of brick, are to he placed between the tee trons, bor
access to space above chamber, cast iron manhole frarie and coor is
to be located where shown

Direct Radiators

All direet radiators will be ornamental, of east iron, first elas
quality and of the stvle selected by the Supervising Arechiteet, Rad
ators in front of windows to which air is supplied will be of the tha
type, provided with removable box bases with controlling air suppl
damper, all of approved first class construction, Radiators withou!
air supply to have no box bases. ATL radiators to he of the height
viven on the drawings and those around columns of piers to Is
cireular and provided with corners as indicated,

High-pressure Steam: Pipes,
The high pressure steam mains in boiler room: melding

H4 equalizing pipes on top of boilers and all means and branche
to pumps, fan engines and supply to pressure redueing valves

C, ¥, WOOD ET AL., ETC., V8. THE UNIPED STATES, 43

ete, are to be of the sizes and run as shown on drawings Nos. 331,
11, 462 and 463. The steam “Upply pipes to elevator pumps are to
lop at sted separators for said pumps, Outlets for separators to
pup to be plugged for future connections.

The high pressure steam main in engine room to have outlets for
electric light engines as indicated, same to. be blank flanged for
PTH COMMCECTIONS,

Exhaust Vapor, Air, and Vent Pipes

The exhaust pipes from blower engines, Pips, ete, to be of the
sizes tar ked on the drawings to run as Indicated to feed water and
hot water heaters and connected to exhaust tank, The exhaust pipe
from northeast fan engines and also exhaust from electric light
engines are to run below floor as shown leaving blank flange ontlet
for future connection of the exhaust main of. the latter engines,
The exhatst piping to feed water and hot water heater are to be so
cross connected and provided with valves that exhaust steam ean
piss through either ome or hoth of them to oNTiaust tank: or oONXTatst
steam ean be by-passed and exhausted dircetly into the atmosphere as
desired the qiain extiaast [ype to atinosphere is run to and lip north-
west Vert shaft to top of cover of same, Provision for eXpansion in
sald pipe Hitist be tiade as shown ane speeitiod for the 7” wiain risers
of the heating system, On top of exhaust a copper exhaust trap with
cast ron bottom tatst be placed, same to be constructed ina fips!
class manner of 22.02. copper properly riveted and soldered together
Drip from exhaust head to be carried down shaft and connected with
the drip from the bottom: of vertical exhaust from whieh promt thre
drip ois to he connected with main drip) pipe as indicated, Thy
Vapor pipes of blow-off tanks, vent from drip tank and air vent from
condensation receiver to be of the sizes run and connected as show
upon the drawings and heretofore specitied, Drips from vent and

Vapor pipes are to be also properly connected to drip) mains,
i Where pipes pass through cover of vent shafts the covers must
le properly flashed and made water tight.

Heating System, Steam Flow, Return and Drip Pipes of Meating
Apparatus

All the steam: pipes of heating apparatus will be arranged with
proper grades and drips so that the condensation will always flow
Infrowtof and in the same direction as the steam, All return pipes
io be graded) towards suetion pipes of vacuum pulps, The 12”
main is to start from top of exhaust tank and braneh into two 10”
mains running north and south, each of which mains is to be divided
ino two 7” branches running to the four main vent shafts and up
foabeve ninth story ceiling. The supplies for indireet. radiation
ind pre-heating coils in basement and riser supplies for radiators in
iMerior rooms facing the centre court are to be taken from the heat-
ng mains in basement as shown, while all other direet radiation of
the upper floors of the building will be connected to risers supplied

mA

Stee

ew at Sa aa 2

~

as

44 C, PF, WOOD ET AL., ETC., VS. THE UNITED STATES.

,

from above by main branches taken from the top of the 7” vertical
risers in main vent shaft,

The distributing toatns and branehes from these risers to be run
as shown on eighth and ninth floor plans. The return risers te
run te basement and after receiving drips from: flow risers to be col-
lected fiite tain returns run dn trenches and after joining with
returns frome indirect radiatton are connected with the 6 main
return at Veactiune: punips. the suction pipes of whieh are connected
With the main return. ALL rivers toe be of the sizes and provided
with offsets expansion joints, supports, drip pockets at bottom of
risers, ete. as fully shown upon river sheets Nos. S45 and S44. The
former drawing principally shows the numbers and sizes of risers
while the de fail of Nos 11 ana 1 risers illustrates the COMSEPUET LOL
and Jocates offsets of all risers om exterior walls. ALL risers to run
exposed and qitet absolutely be patoup true and plumb. and: pipes

ete are to be free from defeet-
titi OMtbscts notist fe tide Taw neatly Deneding: the pipe. as thy

tise of $5 elbows and (ange unions will not be permitted
Where re quired lew thy CraWihyes, cortractor thitist provide pockets in
flooring for expansion jount= of risers by cutting the terra cotta floor
arches ina workmanlike manner and fintsh the poekets as illustrated
by the drawings, The expansion joints are te run parallel wit!
fronts and at right angeles to same as required hy the floor heame
Al] the pipes are te runoas tidieated om the drawings, and when
shown by cirele the tow pipe branches are to be taken from: the tay
of the main runes,

Radiator connections on upper floors te be run below floors wit!
proper grades and provided with drips where necessary and shown
It is net permitted to butt return Pipes comimne from Opposite Liner
tions unless in cases where it cannot be aveided, when partition ters
must be used at junetions. While sizes of flow pipe connection
to direct and semit-indireet radiations are correct as marked, the size
of return pipes from all radiation to risers are uniformly reduced
Me” diameter

Vacuum Svetem

Mor extracting condensation and air from the entire heating “Vs
fem ineluding exhaust tanks, feed water and hot water heaters, eti
This contractor js to install an aeeroved vacuum svstem in complet
working order, The svstem practically to consist of connecting th
enfire return pipe svstem of the heating apparatus, discharge pipe
from trans disehargine clean condensation, ete. to the vaenun
purons, whieh latter deliver air and water inte the condensatio
receiver from which condensation wil] he puniped hack to oilers
automatically. “To prevent steam: from entering any of the returns
all returns from each radiator and eseh drip from risers, ete. matey
he provided with approved thermostatic valves, which permit passag
of condensation but whieh will close against steam. The minimun
sizes of all returns and drips are given on the drawings and if, net

©. F. WOOD ET AL., ETC., VS. THE UNITED STATES. 45

suitable for the vacuums system the contractor is permitted to
67 increase said sizes but under no consideration to reduce same,

The contractor is also to furnish detail specifieation of the
svelern he proposes to use, together with blue prints ilfustrating the
various appliances thereof, The manufacturer of the vacuum sys-
fon must guarantee the working of same for a period of — five
vears, Which guarantee is to consist of acceptable guarantee bonds
made by a reliable Guarantee Co... in mount of fifty per cent of
the cost of the system. Saniples of thermostatic Valves, ete.. must be
furnished with the proposal,

Blow-off, Overtlow, Waste, Drip. and Drain Pipes

The blow off from boilers to be run in rear of same and connected
to blow off tanks: while blow off Pipes from furnace attachments
must run in front of boilers and thence to drip tank as show on
drawin S32. Overtlow, draw-off nel Livy iss of blow off tanks to
he arranged ane cotbected te SeWer, ete. as hown H el speettiod, A
east IPA cess pool with bell trapoaned O° diameter outlet. te be
arranged In fireproof floor where shown and pipe run to drip tank;
Noor of tire pit to be evraded towards COssS pool,

AIL waste and drip pipes from: exhaust tank, food and hot water
heaters. steam separators, high Pressure steamy and oxhaust mains
controlled bw steam traps and thermostatic traps are to be connected
tothe dain return svstem: se that condensation can be saved.

Same are, however, to le

C. F. WOOD ET AL., ETC., VS. THE UNITED STATES. 73
the Supervising Architect of the Treasury Department and of
the Philadelphia Steam Heating Company, are on file in the office
of said Supervising Architect, and are hereby made a part hereof:
Now, therefore, know all men hy these presents that we, James
A. Palmer, Charles PF) Wood, and Joly L.. Mover, partners trading
under the firmi-name of The Philadelphia Steam Heating Company,
of the eity of Philadelphia, county of Philadelphia, and State of
Ponsvivania, principals, and the Ameriean Bonding and ‘Trust
Company, of Baltimore city, State of Maryland, surety, hereby
consent and agree to said moditication of and addition to said con-
tract_as set forth in said Department letter of March 4, 1898, and
hereby consent and agree to remain hound upon said bond, and thus
are held and firmly bound unto the United States of Ameriea in the
sum of sixty thousand dollars (860,000), lawful money of the
United States, for the payment of which well and truly to
10S he made to the United States we hind ourselves, our heirs,
executors, administrators, stuecessors and assigns, jointly and
severally, firmly hy these presents,
Sealed with our seals and dated this elove nth day of Mareh A. D.
1808,
The condition of the above obligation is such that if the said
Philadelphia Steam Heating Company shall well and truly com-
ply with the requirements of said contract dated Mareh 29, 1897,
and of said letter of January 1. 1S9S. and of said Department
letter of Muareh 3. 1898, and of said: revised drawings, ete.. and shall
perform and fulfill all of the undertakings stipulated by it to be per
formed. and shall promptly make payment to all persons supply-
ing tt with labor and material in connection with said work, then
this obligation to be void, otherwise to be and remain in full foree
and virtue,
It is understood and agreed that nothing contained in this in-
trament shall be construed as releasing the surety herete from any
obligation, liabilitv. or undertaking resting upon it under or by
virtue of the eriginal contract dated March 29, 1897. hereinbefore
referred to: Provided, That in no event shall the liability of the
wurety hereto exceed the sum of sixty. thousand dollars,
In testimony whereof the said James A. Palmer, Charles F,
Wood, and John L. Mover, partners trading under the firm-name
# The Philadelphia Steam Heating Company, principals, and the
American Bonding and Trust Company, of Baltimore city, State
of Maryland, surety, have hereunto stbseribed their hands and
ifixed their seals the date above mentioned.

JAMES A. PALMER I SEAL. |
CTIARLES FL Woop. Isear. |
JOTIN D MOYER. [ SEAL. |

Trading (Is The Phila Nb ue Ileating ("o.

SEAL, | THE AMERICAN BONDING AND TRUST
COMPANY OF BALTIMORE CITY,
By JAS, R¢ IND. Preside nf.

10—435

ae Pe ee

od ©, FP, WOOD ET AL,, UTC., VS. THE UNITED STATES.

Attest
SAMUEL TL SHRIVER,

Seerctary,

Signed, sealed and delivered in presence of—

JASPER W, LYNCH
ROBT, HEALEY,

low Notary's Certificate.

STaTe oF MARYLAND,
City of Baltimore, aa.

Personally appeared before me. a notary mblic an ane for said
City. the said dames Bond, President of The Aimeriean Donding
& ‘Trost Company of Baltimore City, whe signed the above oblige
tion, and Who made solemn oath that said: corporation is worth: six
Hondred thousand dollars CS8H00000) over and above them lew
Liabilities,

sworn to and subseribed as above written, before me this Tl
lay of Mareh, DSi

JAS. BOND,
President
| seAL. | HARRY Wo RODGHdnS,
Notary Putli

Nore.—Suftlicioney of suretios should be certified to by the dudg
ar Clerk of the .. Ss, District Conrt, or In the t). s District \iter
nev. of the distriet in whieh the contractor resides

Ollive of the US. Attorney,

Distriee of Maryland
Mareh Jith, A. D. bse

Io hereby certify, that The American Bonding and ‘Trust Con
pany of Baltinvore City, the surety who have signed the foregone
bond is known tome to be a corporation of the State of Maryland
and that PE believe it to be amply suffieient security: for the anent
thereof, and that the bond is good,

WoS. MARBURY,
8 Atlorney Wil

0 exnimir F,
Bill of Sale, Palmer to Wood,

This aureement. made and eoncluded this twenty-sixth day o!

Mareh, in the year one thouasnd eight hundred and ninety eight

C, F. WOOD ET AL., ETC., V8. TIE UNITED STATES,

C1808) by and between James A. Palmer of Philadelphia, Pa.,
party of the first part, and Charles FP. Wood of the same City and
“tite, party of the second part,

Withesseth, that for and in consideration of the sum of one dol-
lar, OST) lawfal money of the United States of Amerioa and other
valiable considerations to hime in hand paid by the said party of the
wound part, the receipt whereof is hereby acknowledged. the said
purty of the first part hereby grants, bargains «ells and transfers
ite the said: party of the second part, all bis right. title interest
aid good will in and to the business known as the Philadelphia
Stout Heating Company heretofore carried on by said partios and
one Jolin. Mover at TSE Filbert Street. in the City of Phila-
delphia, and State of Pennsylvania, under articles of partnership
diated Mareh 20th, D805,

Hos hereby agreed by and between the Jurtios to these presents
hit a contract heretofore tuken in the name of said partnership
for furnishing the steam boilers required at Fort Haneouk, No,
‘hall be and is hereby transferred to the said party of the first part
for his own tise, and the said: party hereby assumes all and every
liability. covenant, agreement and condition Wherely said partner:
‘hip is hound on aecount of said contract. It jx houtially agreed
by these presents that the patents and patterns relating to said
lwilers Whieh aay have been paid for out of the funds of suid
jrtnership shall be and are hereby transferred to the said party
of the first part, together with all pietures on the walle of affiee:
considered as his personal property one roll top private desk, all
printed matter relating to boilers, all clectrotypes and cuts, phote-
graphs and drawings of boilers, plans of Hahneman Hospital, heat
me plant, Mlmshouse, Deaf and Dumb Asvlum. one sleigh, one

Iwo wheeled business gig, one set of bneey harness, two
HT unproved Dunning boilers, on floor of shop with all east.

ings belonging thereto, all «hee iron casings, made up for
the said Fort Haneock contract, together with all patterns of beil-
es, bases, grates, and dampers except dampers designated as Ther-
Westal pattern, one half of all specification blanks, (these to have
the heading removed.) all personal letters and riper together with
Fort Haneoek contract, and all letters pertaining thereto, tovether
with boiler book, with all records connected therewith. eonies of all
ers relating to the Fort Maneock contract and te the heiler anes.
tion with Motter or Sotter Brothers and of letters written to and re
eeived from the War Department, such macazines as mav he de.
sired with one letter press, it is hereby further understood and
agreed that the party of the first part shall have the privilece of
the ocenpaney of the hack nrivate office withont enst for the term
of ten days from Mareh 28th 1898.

Ht is hereby agreed yw the marty of the second nort thet he will
amd he hereby does assume all the obliontions amd Lishilities of eatd
business for whieh the said party of the first part is or mov heeame
responsible, except those above stated, and it is len mutnelly agreed
that the said party of the second part shall be and is hereby outhor
md to collect, reeeive and dishurse any or all the moneys which are

ath C.F. WOOD ET AL... PTC., VS. THE UNTTED STATES.

now due or whieh may beeome doc to said partnership and to take
possession of and retain for his own use, all of the stoek, took,
machinery, fixtures, books. papers, ana property of whatsoever na
ture (not otherwise roserverl ro the abewe list) and property of W hat-
soover Tature and deseription belonuing to said business and reniain
in peaceful possession of the sane, without let or hindrance from the
said party of the first part or of any party or parties acting for hin
or in his behalf,

It is understood and moutually agreed that this contract shall in.
clude and apply te the parties hereto their heirs, administrators
stHeCessOrs Or assiuts,

Th withess whercol the puurties te these presents lave here

112) unte set their tans cmd seals the dav and vear first abor
written

JAMES A. PALMER. [seat.|

CHARLES FP) WOOD, | [seaz.)

Witnesses Present.

ROBT. HEALEY

Thereby assent te the previsions= of the foregoing contract,
JOHN L. MOYER, [stan]

Witnesses present:

ROBT, HEALEY,
Exutbir G
Bill of Sale Voyer to Wood.

This agreement, made and conchided this 26th day of Mareh, in
the vear one thousand ciaht hundred and ninety-eight CTSOS), |)
and Letweon John bo Mewer of Philndelphia, Pac. party of the: firs
part, and Charles Fo Wood, of the same city and State, party of th
second part, Withesseth

That for and in consideration of the sam of one dollar O81). law
ful money of the United States of Amerien and other valuable con
siderations to him in hand paid bw the said party of the second par
the receipt whereof is he rely ueknowledwed, the said party of th
first part hereby grants, bargains, sells and transfers unto the sail
party of the second port all bis right. title. interest and good-will
in afd to the business known as The Philadelphia Steam Heating
C's., heretofore earried on by sri puertios and Ole James A. Palmer
at 1515 Filbert: street. in the civ oof Philadelphia and State of
Pennevivania, under articles of partnership dated Mareh 20, 180,

it is hereby aurecd lw the purty of the second puirt that be wil!
and he hereby does assume all the obligations and liabilities of sail
business for whieh the said party of the first part ix or may becom

respoasible; and it is also mutually agreed that the said part
118 of the second part shell be and is hereby authorized to collect
receive, and disburse any or all the monies whieh are now

©. PF. WOOD ET AL., ETC., VS. TITE UNITED STATES. 77

due or whieh may beeome due to said partnership and to take pos-
session of and retain for his own use all of the stoek, tools, ma-
chinery, fixtures, books, papers, and property of whatsoever nature
and deseription belonging to said business, and remain in peaceable
possession Of the sume without let or hindrance from the said party
of the first part or of any party or parties acting for him or in his
hehalf.

It is understood and agreed between the parties hereto that this
contract shall inelude and apply to the parties themselves, their heirs,
adininistrators, successors or assigns,

In witness whereof the purtios to these presents have hereunto set
their hats and seals the day and Vear first above written,

JOUN Lo MOYER, [ SEAL. |
CHARLES FL WOOD, [ SEAL, }

Witness
ROBT. HEALEY,

lussent to the provisions of the foregoing contract.

JAMES A. PALMER, [SEAL]
Witness

ROBT, HEALEY,

Exhibit H

Bill af Sale, Wood to Moyer.

This agreement, made and eoneluded this 28th dav of Mareh, in
the vear one thousend eight hundred and ninety eighth (1898) by
wid between Charles F. Wood of Philadelphia, Pa., party of the first
jurt, and Joho L. Mover of the same City and State, purty of the
oond part, witnesseth:

That for and in consideration of the sum of one dollar (81) law-
ful money of the United States of America, and other valuable con-
siderations to him in hand paid by the said party of the second part,
the receipt whereof is hereby acknowledged, the said party of the

first part hereby grants, bargains, sells, and transfers unto
IM the said party of the second part one half of all his right,

title, interest and good will in and te the business known as
the Philadelphia Steam Heating Co. now being carried on under
aid sivle at 1518 Filhert Street, in the City of Philadelphia, hy said
party of the first part,

It is hereby agreed hw the party of the second part that he will
and hereby owes nsstimne one half of all the obligations and liabilities
f said business for whieh the said party of the first part is or may
herome responsible and it is alse mutuntly agreed that the said party

7S C. F. WOOD ET AL., ETC., VS. THE UNITED STATES.

hereby authorized jointly with said
and disburse any or all the
due to said busi-

of the second part shall be and is
party of the first part to collect, receive,
2 monies which are now due or which may become
; ness, and take possession of and retain for their joint use, all of th
d stock, tools, machinery, fixtures, books, papers and property of what
soever nature and description belonging to said business, and rr.

‘ main in peaceable possession of the same without let or hindrance
q from the said party of the first part or of any party or parties acting
2 for him or in his behalf.

It is understood and mutually agreed that this contract shall in.

clude and apply to the parties hereto, their heirs, administrators

suecessors OF assigns.

In witness whereof the parties to these presents have hereunto
their hands and seals the day and year first above written.
CHARLES F, WOOD. [SEAL]
JOHN L, MOYER. [ SEAL. |

Witness:

L. PRESTON GATES.

115 Il. General Traverse.

No demurrer, plea, answer, counterclaim, set-off, claim of dan:
ages, demand, or defense in the premises, having been entered oi
the part of the defendants, a general traverse is entered as provide

by Rule 34.
Ill. History of Proceedings.

On March 3, 1906, a motion was filed requesting the substitution
of F. Walter Brandenburg as attorney of record, with the withdraw.
of former attorney, John C. Chaney, and power of attorney to sail
Brandenburg filed. This motion was allowed by the court Mare
i, 1906,

On October 20, 1919, argument of the case was begun and it we
thereupon ordered, on suggestion of the court, that the ease be sub
mitted for tentative findings.

On January 6, 1920, the court filed an order referring ease |
Charles F. Kincheloe, auditor, for report,

On January 19, 1920, said auditor filed his report.

On February 25, 1920, the defendants filed exceptions to reper
of auditor.

On March 3, 1920, the plaintiffs filed objections to and suggest!
modifications of the tentative findings of fact.

POR RETY Rihes HRs TAS ERR OL SOILS AONE SORIA SSRIS RES:

pines

RS es ca ik a tr ihe, Seas Moa,

IV. Argument and Nubmission of Case,

On Mareh 10, 1920, this ease was argued by Mr. Kb. C. Brande
burg, for the claimants, and by Mr, George T. Stormont, for th
defendants, on objections to auditor's findings.

B84 AAV Pa ON Die Be eI cre cis wean mae mone - 7
a . . r - eperente
we

UC, F. WOOD ET AL., ETC., V8. THE UNITED STATES.

116 V. Findings of Fact and Conclusion of Law.
Entered March 29, 1920.

This case having been heard by the Court of Claims, the court
upon the evidence makes the following

Findings of Fact.
I,

1, On January 25, 1897, the United States. defendant, through
the Supervising Architect’s Office of the Treasury Department, ad-
vertised for sealed proposals for the furnishing of all materials and
labor for, and installation of, a boiler plant, low-pressure steam-
heating and ventilating apparatus for the post-office building in
Washington, D. C., in accordance with certain plans and specifica-
tims referred to in the advertisement.

2, Under date of February 26, 1897, the Philadelphia Steam Heat-
ing Co., of Philadelphia, Pa., a partnership consisting of James A,
Palmer, and the plaintiffs, Charles F. Wood and John I.. Moyer,
submitted a proposal to perform said work for the sum of $114,-
173.00, ‘This proposal was, with certain modifications and condi-
tions, including a reduction of the price for the work to $111.-
413.00, accepted by the department, and a contract for the work
was accordingly entered into, under date of March 29, 1897, which
was finally approved by the department on April 5, following.

3, Said advertisement, proposal, and contract, including said
specifications and the department’s letter of acceptance of the pro-
posal, are set forth in plaintiff’s petition as Exhibits A, B, and C,
respectively, and are by this reference made a part hereof.

TI.

1, On or about March 26, 1898, the said James A. Palmer retired
from the firm, and the partnership was thereafter composed of and
carried on by the plaintiffs Wood and Moyer,

117 III.

1. The contract time for the completion of the work was © 0
working days after the approval of the contract and bond, and
expired about January 28, 1898. The work was substantially com-
pleted about August 1, 1899, approximately 18 months after the
«xpiration of the contract period, and was accepted by the defendants
in September following.

SU C.F, WOOD ET AL., BTC., VS. THE UNITED STATES,
IV.
1. Upon the execution of the contract the plaintiffs started
promptly to fabricate and forward material for the work from their

Philadelphia plant and put the necessary equipment and organiza.
tion on the job, renting a shop and vard in Washington for use in

the work.

2. Actual work in Washington on the contract was commenced
about April 18, 1897, and by May 1 following plaintiffs had abou
40 workmen on the job.

V
1. On May 8, 1897, while plaintiffs were proceeding with the

work, they received a letter from the Secretary of the Treasury read:
ing as follows:

“Referring to a contract with you for the heating and ventilating
apparatus for the post-otlice building in this city, [ have to advis
you that as consideration is now being given to legislation which
may affect the assignment in the building named it is desired that
you defer all work incident to galvanized-iron vent duct work and
running steam risers for interior rooms, including and above second

story. As soon as the matter of the assignment of the building is

determined you will be further advised, and an allowance will bh
made to you of one day additional for each day's delay caused by
the Government, as provided for hy your contract.”

2. In response to said letter the plaintiffs on May 11, 1887, wrot

the Supervising Architect as follows:

“We have the honor to acknowledge the receipt of your letter o/
May 8, 1897, notifying us to defer certain work included in ou
contract for the heating, etc., of the U. S. post-office building &
Washington, D. C. We beg to advise you that in accordance with
your instructions we have ordered all work stopped on the item
enumerated in your letter and await your further commands, which
shall have our prompt and careful attention.”

3. On May 13, 1897, plaintiffs wrote the Supervising Architec
in regard to this and another order of suspension, as follows:

“We beg to advise you that on May 11 we received verbal ib
structions from Mr. John W. Kinsey, superintendent of construction
at the U. S. post office, Washington, D. C., to cease work on the
galvanized-iron work in said building in the basement until such
time as the plasterer shall have finished his work. These order.
together with those contained in the department letter of May *
stop this branch of our work entirely, We are not objecting t

C. F. WOOD ET AL., ETC., VS. THE UNITED STATES. S]

this, but we desire to call the department’s attention to the
118 matter in order that we may be entitled to extra time should

we be unable to complete the work within the time named
in our contract.”

4. Following this suspension in this part of the work, the entire
floor plan of the building on and above the second floor was changed
and rearranged, which necessitated a radical change in the radiation
plans of the heating system, and therefore made a radical change
in the plaintiff's work in those stories of the building, and also some
changes in the basement of the building,

5. The new or revised plans showing these changes in the heating
system were furnished plaintiffs on December 11, 1897, and on
January 6, 1898, in response to defendant’s request, plaintiffs sub-
mitted a proposal for additional compensation on account of the
labor and material to make said changes, the proposal being in the
sum of $4,443. On January 12, the Supervising Architect requested
plaintiffs to show in the proposal each item and its Value in detail,
and in response to this request plaintiffs on January 19 submitted
an itemized statement of the cost of the Changes, amounting to
$6,092, stating that the increase in the amount was due to an ad-
vance in the cost of certain materials.

6. On March 8, 1898, the Assistant Secretary of the Treasury
advised plaintiffs that their proposal of January 19 was accepted,
and on March 4 following they were instructed hy the superin-
tendent of construction to push the work embraced in this proposal
with all possible dispatch, so as not to interfere with the contractor
for the interior finish, On Mareh 5 the plaintiffs advised the super-
intendent of construction that they assumed that it was intended
by the acceptance of said proposal that they should begin work upon
the items covered therein, but in view of the order of suspension of
May 8, 1897, and in order that their files might. be complete, they
desired definite instructions to proceed with the work included in
said order of suspension. Accordingly. on March 9, 1898, the
plaintiffs were notified by the Secretarv of the Treasury that in
view of his acceptance of their proposal to make the changes in
question, the department letter of May 8, 1897, “directing the
suspension of all work including and above the sceond story. be.
came of noneffect on and after the 3d instant.”

*. The work affected by the said order of suspension of May 8.
1897, constituted a proportionately small part of the whole of the
contract work; and up to the time of the discontinuance or termi-
hation of the suspension, plaintiffs had supplied materials and per-
formed work aggregating in value about 70 per cent of the whole
contract price. :

8. It does not appear how much the compledion of the contract
work as a whole was delayed by said suspensicu, nor does the evi-
dence satisfactorily show what loss the plaintiffs sustained by reason
of this suspension and delay in the work.

11—435

82 Cc. P, WOOD ET AL, ETC., V8. THE UNITED STATES.

Vi.

1. On April 8. PSY, the plaintiffs were informed that certain
eeneral changes in the building, as shown by drawings inclosed,
were being considered, and were directed to suspend until farther
notice such part of their work as might be affected thereby.

warded to the plaintiffs revised drawings of the contemplated
changes and requested them to submit as soon as possible a proposal
for the extra work that would result) from such changes, and on
April 28 following such proposal was submitted by plaintiffs.

11s) 2 On April 26 the superintendent: of construction for:

3. The proposed changes in the building also affected and tide
changes necessary in the work of other contractors ; and as the com-
bined amount of the proposals of the various contractors for such
changes was in excess of the amount of the appropriation availalile
therefor, the contemplated changes were abandenred ; and the plain
tiffs, on May 20, ISYS. were directed to proceed with the work as
theretofore planned,

1. This -Uspension related principally to the installation of
ealvanized-iron work in the upper stories and the installation of
the temperature-regulation syster above the first floor, the latter
of which work was being done by the Powers Regulator Co. under
a subcontract with the plaintiffs.

4. The evidence does not satiefactorily show either the amieun!
of the delay in the completion of the contract, or What loss, if any.
was sustained by plaintiffs on account of this suspensi nm and: inter
ference with the work.

VI.

1. From about the latter part of Jun to some time in September,
ISOS, the greater part of the first floor of the building was tem-
porarily occupied and used by a force of Treasury Department
clerks engaged in getting out the Spanish War bond issue, which
occupation interfered with and delayed the plaintiffs in’ taking
measurements and ordering and installing the heating apparatus for
these rooms.

» ‘The evidence does not satisfactorily show either the amount
of delay in the completion of the contract resulting from this iter:
ference with the work, or what, if any, loss was sustained by th
plaintiffs as a result of such interference and delay.

VIL.
1. On February 23, 1899, at which time there remained only a
emall amount of the contract work to be performed, the Secretary

of the Treasury, because of the plaintiffs’ failure and refusal t
comply with the department's demands for the performance and

SPY PT 1D WENO tae er 74 maeren see om Reais tencapsnatar oe -
‘ Pe NP ey ee VAM YT RII et feta REL EK)

C. F. WOOD ET AL., ETC., VS. THE UNITED STATES. 83

correction of certain items of work which plaintiffs contended were
not required of them by the contract, notified the plaintiffs that if
they did not, within eight days, take such steps as would satisfy
or assure the department in the matter, the work would be taken
over and completed by the Government at the plaintiffs’ expense,
Upon the plaintiffs’ protest against such action and their suggestion
that the matter in controversy be submitted to Capt. J. W. Collins,
Engineer in Chief of the U.S. Revenue-Cutter Service, for de-
termination, a board consisting of Capt. Collins and two other
members was appointed by the departinent, hy which board the
questions in controversy were considered and decided, some in- ac-
cordance with the department's contentions, and some in favor of
the plaintiffs, The decisions and recommendations of said board
were accepted and carried out by the parties to the contract.

120 2. During the approximately one month's time intervening

between the said notice of February 23, 1899, and the report
of said board, the said items of work in controversy were held in
susp nsion awaiting the report of the board.

5. The plaintiffs appear to have sustained some loss by reason of
this suspension and delay in the work, but the amount of such loss
is hot satisfactorily shown by the evidence.

IX.

1. In addition to the suspensions and delays shown by the preced-
ing findings, there were numerous instances of delay in different
items of the work, some of which were due and chargeable to the
plaintiffs, but most of which were chargeable either directly to the
defendants, or to the delay of other contractors on the building in
performing work of theirs upon whieh work of plaintiffs depended.

2. The evidence does not satisfactorily show how much loss was
sustained by plaintiffs from these different or individual delays in
the work.

X.

The larger part of the delay of 18 months was chargeable to the
United States, and it is impossible to determine from the evidence
whether any part thereof was chargeable to the plaintiffs. On final
settlement the United States did not charge the plaintiffs with re-
sponsibility for any part of the delay and did not charge any liqui-
dated damages against the plaintiffs. It did extend the time for the
completion of the contract by one day for every day of delay.

XI.

1. The specifications provided for copper-wire gaskets for the
flanged joints in the larger high-pressure steam pines, After these
pipes were installed, leaks developed at many of the joints, and it was
found that a corrugated sheet-copper gasket had been used instead

54 ©, F. WOOD ET AL., ETC., VS. THE UNITED STATES.

of the copper-wire ga ket called for hy the specifieations. — Plaintiff
were thereupon required ie replace these gaskets with the copper.
wire gasket specified, which, however, also proved unsatisfactory for
such work, and leaks again developed in many of the joints. \fter
repeated efforts by plaintiffs to make the joints tight with thes
gaskets, plaintiffs were advised that the gaskets were condemned,
and they were directed to replace them with another kind of gasket,
Plaintiffs protested against this requirement and refused to replace
the gaskets, or to do any further work on them at their own expense
Therenpon, and upon the report of the said Collins board that cop.
per-wire gaskets could not be relied upon to make a steam-tight
joint in such work, defendants, at their own expense, had thes
gaskets replaced with another kind of easket, by another contractor
ata cost of S615

2. The cost to the plaintiff of their reworking the pipes after th
installation of the copper-wire gaskets, in trving to make the joints
tight with these ouskets, was S100 't does mot appear what was
the cost to the plaintiff~ of installing the corrmeated sheet-copper

gaskets first put in by them
121 NI

1. The sinoke breechings, or conmectlo

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386004_0634%3A1. Public record. Not legal advice.
