Transcript of Record — HE Crook Co. v. United States

"gece

SS he Me

(30,463)

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1924

No. 498

Il. Ek. CROOK COMPANY, INC., APPELLANT,

Us.

THE UNITED STATES

APPEAL FROM THE COURT OF CLAIMS

INDEX

Original

enn SLOe COUPE OE CRIME Son ciacs ac oda sane GaeSas Daehn ceee i

SRMREMR Sic GR NeCk VRS AEE SRAEISA ARAMA RERE SAA ORCA ES 3

Exhibit A—Contract between H. E. Crook Co. and

United States and specification No. 2466............ 6

RANIONE REO V OND 63650 6c sha aces eowwa Oa FERS OS EA WER ORSLETS 55

REINCONS OF DPOROORINGG s oa coos 5 oN bok v0 46s Re meR Rene neases 55

Order withdrawing findings and opinion.................. dO

OE TOU a5 565.0 c eat aac tn desc bs00 Ree ARO WEAR BORN 56

So ee re ire een err ee y ye eer oer es . 57

MME, SRN M6 :6,0254-KG Soka LR Oa SORE ey ey 58

WMI pK kincaid avicaeutans Ube Concune Chia Wea CASE 60

Petition for and order allowing appeal.................0. 60

pte UPN IORUs 5.5 hk 0s oak osc Chea ONEAAA CSS ORRR SLE 61

Print

:

i

[fol. 1] IN THE

UNITED STATES COURT OF CLAIMS

No. B-194

Il. E. Crook Company, Ixc., a Corporation, Claimant,

vs.

Tue Unirep States, Defendant

I. Peririon.—Filed Sept. 16, 1922

To the Honorable the Justices of the Court of Claims:

The Claimant, H. E. Crook Company, Inc., a corporation organ-

ized and existing under and by virtue of the laws of the State of

Maryland, respectfully shows:

I

That pursuant to advertisement and competitive bidding accord-

ing to law, the plaintiff and defendant entered into a formal written

contract with bond dated August 14. 1917, and knewn as Bureau

of Yards and Docks contract No. 2466, a copy of which is hereto

[fol. 2] annexed and made a part hereof, by the terms of which

contract and bond, the claimant obligated itself to furnish. among

other things, all labor and material and install two heating systems,

one in the foundry building and one in the machine shop building,

as such buildings were being erected by the Navy Department in the

Navy Yard, Norfolk, Virginia, and the Navy Department obligated

itself to proceed promptly with the erection of said foundry and ma-

chine shop buildings; and to provide outside hot water flow and the

return pipes in tunnel to building lines; and of necessity io give

claimant reasonable access to the site for the work: and to permit

claimant to proceed without interference with the installations con-

templated by the contract. j

I

That in said contract the claimant agreed to complete said work

within two hundred (200) calendar days from the date a copy of

said contract was delivered to it. The said contract heing delivered

to the claimant on the 31st dav of August, 1917. the completion

date contemplated by the contract was March 19, 1918,

Il]

That thereafter in accordance with the terms of said contract the

claimant procured the necessary materials to be used in the said in-

1—498

|

2

stallation of the said heating systems, furnished the necessary equip-

ment and skilled operatives, employed the necessary labor, and pro-

ceeded with the work of said installation as rapidly as possible, ex-

cept insofar as claimant was prevented from doing so by the acts

and failures of the Navy Department hereinafter set forth.

IV

That contrary to its said agreement the Navy Department failed

[fol. 3] to give claimant reasonable access to the site for the per-

formance of the work and failed to erect the foundry building and

machine shop building and failed to provide the piping in tunnel

within the time agreed upon, nor did the Navy Department permit

the claimant to proceed with the installation of said heating systems

as was contemplated by the contract. Due to the failure of the Navy

Department to properly complete portions of the buildings within

the time contemplated by the contract, the claimant was prevented

from commencing and proceeding with the installation of said heat-

ing systems in the foundry building until to-wit, May 27, 1918, and

in the machine shop building until to-wit, October 28, 1918, which

was long after the time contemplated for the completion of the con-

tract. Due to the failure of the Navy Department to complete the

piping to the building line until to-wit March 1, 1919, the claim-

ant was prevented from making connections and tests required under

the contract until after said date. Asa result of all the aforesaid de-

lays on the part of the Navy Department and sundry other delays re-

sulting therefrom, the claimant's work was delayed and the claim.

ant was prevented from completing the contract until on or about

April 10, 1919.

V

That by reason of all the aforesaid delays on the part of the Navy

Department, the claimant was greatly damaged and put to great ad-

ditional expense in connection with the installation of said heating

systems as follows:

(a) The cost of labor was ereatly increased after the ex-

piration of the period during which it was contem-

plated that the contract would be performed, and the

net inerease in cost to the claimant of labor employed

in the work by reason of advance in wages after March

[fol.4] 19, 1918, and for which claimant has not been

reimbursed, amounted to $6,420.80........++.++-> $6, 420. 30

(b) The claimant was compelled to and did keep a su-

perintendent and time-keeper on the work for the ad-

ditional time required to complete the contract at an

actual cost to it of $95.00 per week, or a total addi-

tional expense of $5,442.10 for 57 2/7 weeks...... 5, 442. 10

5 ASAT ERE LOOT NE OR TM RNY FATA ELE NE ES Gs

a

3

(c) That the claimant was forced to pay an additional

premium on the bond executed for the faithful per-

formance of the contract, for the extra time required

to complete the said installation of said heating sys-

tems, which additional bond premium was an added

A Te I WR as gs Si ng A da Shes 719. 45

De ee ON ay ernie ace $12, 581. 85

(d) Reasonable overhead 10% ...........0....00000. 1, 258. 18

Ara nara hal kd G94 Go Wo wae ww en $13, 840. 03

(e) Reasonable profit 10%.............. ccc cc cccce 1, 384. 00

$15, 244. 03

VI

The said services were actually performed and were reasonably

worth the amounts charged therefor, and the amounts stated were

necessarily and actually expended by the claimant in connection

with said contract and the claimant has received no payment there-

for. There is therefore due the claimant on said account the total

sum of $15,224.03.

| fol. 5] VII

The claimant is the only person owning or interested in the claim

above set forth and no assignment or transfer of the same or any part

thereof or interest therein has been made. The claimant is justly en-

titled to receive and recover from the United States for and on ac-

count of said damage, the sum of Fifteen Thousand Two Hundred

Twenty-four Dollars and Three Cents ($15,244.03),

VIII

The claimant has made due demand upon the United States for

the payment of said sum, but the said sum had not nor has any part

thereof been paid. The claimant has always borne true allegiance to

the Government of the United States and has not in any way aided,

abetted or given encouragement to rebellion against it,

Wherefore, the claimant prays for a judgment against the United

States in the sum of Fifteen Thousand Two Hundred Twenty-four

Dollars and Three Cents ($15,224.03) and for such further relief

as this Honorable Court may grant, both at law and in equity, in

the premises.

~ TEE. Crook Company, Ine., by Howard E. Crook, President.

Jurat showing the foregoing was duly sworn to by H. E. Crook

omitted in printing.

tok t See

; ae

[fol. 6] Exursit A To PETITION

This contract, of two parts, made and concluded this 14th day

of August, A. D. 1917, by and between H. E. Crook Co., a corpora-

tion of the State of Maryland, having an oflice and place of busi-

ness at No. 28 Light Street, Baltimore, Maryland, party of the first

part, and The United States, party of the second part,

Witnesseth, That the said party of the first part and the said party

ro se second part do covenant and agree to and with each other as

ollows:

First. For and in consideration of the payments to be made as

hereinafter provided the party of the first part will furnish, deliver

and install two heating systems, one in the Foundry Building, and

one in the Machine Shop at the Navy Yard, Norfolk, Virginia, in

accordance with the provisions of specification No. 2466, as contem-

plated by Item 1, paragraph 54, thereof.

Second. Said specification No. 2466 and the General Provisions

and drawings therein mentioned, and the Instructions Relative to

Factory Inspection mentioned in the said General Provisions, are

appended hereto and form a part of this contract.

Third. The standard specifications mentioned in paragraph 11 of

said specification No, 2466 are on file in the oflice of the officer in

|fol. 7] charge of the work and are to be considered as forming a

part of this contract with like effect as though included herein.

Fourth. It is agreed and understood that the work to be done —

under this contract shall be completed within two hundred (200)

calendar days from the date a copy of this contract is delivered to the

| party of the first part. ? =,

cnnee

Fifth. It is also agreed and understood that the equipment to be

furnished by the party of the first part under this contract, as pro-

vided in paragraph 56 of specification No. 2466, contemplates the

furnishing of equipment as manufactured and sold by the following

firms:

Fans—American Blower Company ;

Heaters—American Radiator Company ;

Motors—Westinghouse or General Electric Company ;

Gate Valves—Crane Co., or Fairbanks Company ;

Thermometers—Hohman and Maurer Company;

Gauges—Ashcroft Mfg. Company.

Sixth. For and in consideration of the faithful performance of this

contract the party of the first part shall be paid, upon vouchers pre-

_pared, certified and approved in the usual manner and_ payable

-through such navy pay office as the party of the second part may

elect, the sum of seventy one thousand nine hundred and forty-five

dollars ($71,945.00), in the manner provided in the specification

aforesaid. :

_ Seventh. Neither this contract nor any interest therein shall be

transferred by the party of the first part to any other party or parties. ~

rr

Eighth. No Member of or Delegate to Congress, nor any person

holding any office or appointment under the Navy Department, is,

or shall be, admitted to any share or part of this contract or to any

jfol. 8] benefit to arise therefrom:. Provided, That this provision

shall not be construed to extend to this contract if the same is made

by an incorporated company for the general benefit of such company.

In the performance of this contract no person shall be employed

who is undergoing sentence of imprisonment at hard labor imposed

by a court having criminal jurisdiction.

~

v

In witness whereof, the said parties hereto have hereunto set their

hands the day and year first above written.

H. E. Crook Co., Inc. Howard E. Crook, President. W. I.

Ifandy, Secty. The United States, by F. R. Harris, Chief

of the Bureau of Yards and Docks, acting under the diree-

tion of the Secretary of the Navy. (Seal.)

Witnesses: 8. Gordon Hopkins, Frank H. Haines; C. D. Thurber,

as to signature of F. R. Harris, Chief of the Bureau of Yards and

Docks.

0. K. G. E.

|fol. 9] Specification No. 2466, for Heating Systems for Foundry

and Machine Shops at the Navy Yard, Norfolk, Va.. under Appro-

priation No. 124, “Improvement and Equipment of Navy Yards

for the Construction of Vessels”

General Provisions

1. The general provisions entitled “General Provisions Forming

art of Specifications for Contracts for Public Works, Bureau of

Yards and Docks, August 1, 1916,” amended by “Addendum No.

1,” shall form a part of this specification and of any contract based

hereon. Copies of the said “General Provisions,” amended, may

be had on application to the Chief of the Bureau of Yards and Docks

or to the commandant of any naval yard or naval station.

Special Provisions

2. General Intention.—It is the declared and acknowledged inten-

tion and meaning to provide and secure the installation of plenum

systems of heating in each building, together with direct radiation in

certain parts of buildings where indicated on drawings. The foundry

and machine shop buildings are now being erected. The approx-

imate contract, date of completion for the foundry is March 17, 1918,

fren 10] and for the machine shop is February 15,1918. It is in-.

tended that the contractor for the heating shall work in conjunction

with the general contractors to obtain the best possible results with

the least interference or delay. The heating systems shall be com-

pleted on or before the contract dates for the completion of the

buildings. i an aaa

‘

“ae a {SSSA RES a ere aI a PANE PN le TON OIG LC HSE gS SARS ns ES

3. General Description.—The systems shall include motor-driven

fans, heating stacks, foundations and supports, casings, air ducts,

direct radiation, piping, valves, and fittings. The main portions of

buildings shall be heated by plenum system, and the toilets, wash-

room, storerooms, and offices ” a combination of the two systems.

Hot water will be the heating medium.

4. Locations.--The heating systems shall be located in the ma-

chine shop and foundry at the navy yard, Norfolk, Va., approxi-

mately as shown on drawings. Exact locations will be determined by

the officer in charge.

{/ 5. Time of Completion—The foundry heating system shall be

| completed on or before March 17, 1918. The machine shop heating

| system shall be completed 6m or before February 15, 1918.

6. Damages for delay in accordance with the provisions of para-

graph 13 of the “General Provisions,” amended, shall be at the rate

of $20 per calendar day for each building.

7. Night Work.—If the contractor desires to carry on work at

night or outside the regular naval station hours, he shall make appli-

cation to the officer in charge in ample time to enable satisfactory

arrangements to be made by the Government for inspecting the work

in progress. If granted permission, he shall light the different parts

of the work in a manner satisfactory to the officer in charge and shall

comply with all naval station regulations.

8. Work to be Done and Material to be Furnished by the Govern-

| fol. 11] ment.—The Government will provide the following: Out-

side hot-water flow and return pipes in tunnel to building line and alh,

wiring up to main switch of each motor. >

9. Government Utilities Available-—So far as the capacity of the

Government plant and the demands of the Government service will

permit, the contractor may obtain electric current for. power and

light, fresh and salt water from the yard supply, and may use the

railroad tracks and rolling stock of the vard system and yard hoist-

ing appliances, paying for the utilities at prevailing Government

rates. The Government will furnish and install one meter, one

switch, and, in case alternating current is provided, one transformer

for electric current, and one water meter and shut-off for fresh and

salt water mains within the limits of the area assigned to the con-

tractor. The contractor shall provide, maintain, and repair all fur-

ther wiring, poles, lamps. and accessories and all further piping and

fittings required to transfer the electric current and water to the

different parts of his work. Compressed air may be obtained where

available at preseri' ed rates. The Government will assume no lia-

bility for the failure of the supply of any of the above-mentioned

utilities.

10. Drawings Accompanying the Specification—The following

drawings accompany this specification and shall form a part of

the contract. Said drawings are the property of the Government

RS EN IN LT RN Ie PEE LIS IN REL OR IE EES IER OS EIT ART I RS Aah One Se INE

7

and shall not be used for any purpose other than that contemplated

by this specification :

Bureau

serial No. Sheet No. Showing —

EE eee iS 4 Re eee Heating plans, foundry.

ere i re Heating sections, foundry.

Re BO ixkan ones Details of heating in foundry.

ag ee Le ee Heating plans, machine shop.

a OES ek ee eee Heating sections, machine shop.

WU HO bo oka oes AFORE Oi babe Details of heating, machine shop.

11. Standard specifications, as follows, are referred to in this

specification. Copies may be obtained upon application to the Chief

of the Bureau of Yards and Docks:

{fol. 12]

Number Date Title

iy Feb. 1,1916....Conerete and mortar and materals.

>) ner Apr. 15,1912... . Portland cement.

St) May 1. 1915.... Structural steel work.

17M. .... Mar. 1,1916.... Induction motors.

47810a...... June 1, 1916... . Steel sheet, plain black, or galvanized,

33P8b......Nov. 1,1915.... Packing sheet rubber cloth insertion.

B2VZa.....4 Sept. 1, 1914.... Demar varnish.

1 ae Apr. 1,1915.... Lead, red.

32L1b Ae gbaths? Mar. 1,1915.... Lead, white.

i ee Aug. 2,1915.... Oil, linseed, raw.

alee eee Mar. 15, 1917... . Bureau of Yards and Docks, standard

specification for piping.

12. Warranty.—The contractor shall warrant the entire installa-

tion, and every part thereof, and shall furnish a written warranty

satisfactory to the Chief of the Bureau of Yards and Docks that he

will repair or replace all of the work, materials, and equipment

which may prove defective or insufficient within one year after the

acceptance of the entire installation.

13. Plans Required of the Contractor After the Contract is

Awarded.—Before any material is installed the contractor shall sub-

mit for approval to the Chief of the Bureau of Yards and Docks

detail drawings in quadruplicate of the following: Each heater; duct

connections; the piping connections; the fans, housings, bearings,

and drive. He shall also submit such other drawings as are re-

quired by paragraph 24 of the “General Provisions.”

14. Samples Required of Contractor After the Contract is Awarded.

—The contractor shall sul mit for approval to the officer in charge

or to the Chief of the Bureau of Yards and Docks, as directed, sam-

ples of radiator valves, heat insulation, direct and indirect radiators,

gate valves, gaskets, gauges and thermometers. He shall also submit

a

such other samples of materials as may be required, whether specifi-

cally called for or not. The approval or acceptance of such samples

may be used in the finished work. Materials shall conform to sam-

ples. The approval or acceptance of such samples shall not preclude

| fol. 13] the rejection of any material upon the discovery of defects

previous to the acceptance of the completed work.

8

Materials and Workmanship

15. All materials and workmanship shall be of the best quality

of their respective kinds unless ohter grades are specifically men-

tioned, and the acceptance of same is understood and agreed to be

subject to the approval of the officer in charge.

16. All cement used in the work shall be in accordance with spe-

cification No. 59C1 referred to in paragraph 11.

17. All materials for conerete and mortar, including sand, broken

stone, gravel, lime, water, and the methods of mixing and placing

shall be in accordance with specification No. 59C2c, referred to in

paragraph 11.

18. All steel and wrought or cast iron used in the work shall be

in accordance with specification 48S1h, referred to in paragraph 11.

19. All iron and steel for machinery, unless otherwise specified

herein, shall be of the grades demonstrated by extended use to be

best suited for the purposes which they will be required to serve,

They shall be subject to all usual tests. In case of material taken

from stock, a certified statement, satisfactory to the Chief of the

Bureau of Yards and Docks, shall be furnished by the contractor to

the effect that the materials supplied are of the grades conforming

to the intent of this specification.

Design and Construction

20. General.—It is not the intent that the detailed specifications

given below shall necessitate the furnishing of specially constructed

{fol. 14] apparatus, it being the intention to secure a system com-

posed of equipment as regularly manufactured and installed for the

highest class service. The specific details are inserted to protect

manufacturers of liberally designed and well-constructed apparatus

from the necessity of reducing the quality of their product to meet

the competition of overrated, less substantial, and less efficient ap-

paratus.

The equipment to be furnished under this specification shall be

worked into a convenient and economical system. When the sys-

tem is declared ready for aeceptance it shall be complete in every

detail, and all work not specifically omitted under paragraph & shall

be furnished. The accompan-ing drawings show the proposed loca-

tion and the arrangement which is desired for the apparatus and

piping.

9

The motors and blowers shall be subjected to shop inspection and

tests, and authorization from the Bureau must be obtained before

shipment is made. The equipment and material will be inspected

upon delivery and shall be subjected to additional tests after installa-

tion as specified herein. These tests will be at the expense of the con-

tractor, except the water and electric energy needed for actually op-

erating the equipment, which will be furnished by the Government.

The apparatus and material shall be constructed from detail draw-

ings and specifications submitted for approval as soon as possible

after the award of the contract and before any factory inspection is

made. No changes shall be made from approved drawings unless

specifically authorized. The name of the manufacturer of each

part of the equipment offered shall be stated in the proposal, and it

shall be clearly illustrated and described. Unless otherwise specified

herein, all material and equipment subject to operation under a pres-

sure other than atmospheric shall be tested at the place of manu-

facture with a cold hydrostatic pressure of at least double the maxi-

[fol. 15] mum working gauge pressure and shall show no indications

of weakness or defect.

21. Pipe—All ag shall be specified for steam piping in “Stand-

ard Specification for Piping,” referred to in paragraph 11, class S.

22. Piping.—AII pipes shall be cut accurately to measurements

established from the building by the contractor, and shall be worked

in place without springing or forcing. Expansion and contraction

of piping shall be provided for by swing joints or offsets where pos-

sible and where same is not feasible by corrugated copper expansion

joints reinforeed with iron rings located where shown or as directed

by officer in charge. Piping shall follow the general lines laid out

on the drawings. The exact locations shall he such as will be en-

tirely out of the way of moving equipment, doors, and windows in

buildings, which loeations will be estabished by the officer in charge.

23. Supports, ete—All anchors, hangers, supports, sleeves, floor

and ceiling plates shall be as required by “Standard Specification for

Piping.”

24. Heat Insulation.—All supply and return pipes less than 10

feet above floor, platform, or gallery shall be covered with insulating

covering as specified in “Standard Specification for Piping, class §,

with 8-ounce canvas jacket sewed on. Canvas to be drawn over end

of covering and a ceiling flange placed on pipe to form a finish where

covering: terminates.

25. Valves.—Valves on main lines and at heater stacks shall be

gate valves as specified for steam piping, class S, in the “Standard

Specification for Piping.” Valves on direct radiators shall be all

metal packless union radiator valves, having the stem under at-

mospherie pressure throughout its entire length. Valves shall be

rough body finished trimmings, nickel plated all over with renew-

[fol. 16] able elastie disks and wood wheels. Valves will be required

on supply and return connections to each radiator.

2—498

10

Each direct radiator and each section of indirect stacks shall be

fitted with positive vent valves with lock shield and loose key.

26. Fittings, unions, and flanges shall be as specified in “Stand-

ard Specification for Piping,” class S.

27. Gauges shall be of the single Bourdon spring-pressure type.

having a 6-ineh dial. The spring shall be a seamlessdrawn tube.

The movements and all interior parts shall be made of noncorrosive

metal and designed to minimize vibration of the pointer. The sector

shall have a wide face, and all spindles shall be provided with bush-

ings having a long bearing surface. The figures on the dials shall he

readily legible. The cases of the gauges shall be of iron, and the

ring shall be of brass. A brass stopcock and a drain coek shall be

provided and properly connected to each gauge. All piping and

connections to the gauge shall be brass. Each gauge shall be gradu-

ated to at least 100 pounds per square inch in divisions not greater

than 5 pounds each. All gauges shall be of the best material and

workmanship and of an approved patent, and shall be tested at the

place of manufacture to the limit of the pressure indicated on their

dials. Each gauge shall be warranted accurate.

Gauges shall be installed on the supply and return pipes where

same enter and leave each building.

28. Thermometers.—Shall be installed in main air duct leaving

each fan, and in the fresh-air inlet connections to each unit in the

foundry. Thermometers shall also be installed in the main supply

and return pipes where same enter and leave each building.

Duct thermometers shall be of the air-duct tvpe and shall have

threaded connections. They shall be side angle, angle, or straight

style, according to location. They shall be installed in such loea-

| fol. 17] tions as to be easily read from the floor. The scale shall

be 12 inches long, and shall be graduated from 0° to 160° F. ‘The

stem shall be 12 inches long, and shall be suitably protected from

damage when handling or by foreign substances contained in the cir-

culating air. The materials used shall be those best suited to the

service for which the instruments are intended. The ease shall be of

bronze and shall be neatly finished. The stem shall be securely

fastened to the ease. The tube shall be secured in the stem by means

of a gland which shall provide firm support to the tube and bulb.

The socket shall be threaded for a 1l-inch pipe-tap opening. .\ flange.

5 inches in diameter and tapped for the soeket, shall be furnished

and installed. where directed by the oflicer in) charge. for each

thermometer.

Thermometers in pipe lines shall be similar to above graduated

80° to 300° F. and provided with mercury-filled cups threaded for

14-inch pipe connections, which shall be serewed into pipe lines at

locations to bring thermometer wells into direct contact with the

current of water and in locations where same can be easily read.

29. Cleaning of Apparatus.— All radiators, housings, appliances.

piping, and air ducts shall be cleaned thoroughly and prepared in a

satisfactory manner for painting or insulating as specified. Should

MT ES SOB Bi TAR ty i ipl | FENG RIL PAG IY OR TONED OF ON OP ere

11

any pipe or other part of any apparatus be stopped up by refuse after

installation, the contractor shall disconnect, clean thoroughly, and

reconnect whatever work has been disconnected for the purpose of

locating and removing the obstruction, and he shall also repair any

other work damaged by him.

30. Painting —(1) Work required includes the furnishing of all

materials and labor necessary to paint all metal work installed under

this specification that is exposed in the building, and all pipe covering

jfol. 15) and fans; also all surfaces which were painted originally

und from which any of the paint has been inne as a result of the

execution of the work required by this specification.

(2) Materials—All materials shall be in accordance with the

specifications for painting materials referred to in paragraph 11.

(3) Character of the Work.—All finished surfaces shall be left

smooth, even, and free from any defects. All brash work shall show

even coatings, free from brush marks, corduroy, or other defects. No

coat of paint shall be applied until the undercoat is dry. No coat of

paint shall be applied to damp or wet surfaces.

(4) Colors.—The colors of all paint work shall be selected by the

officer in charge.

(5) Painting Galvanized-iroun Work.—The surfaces of all galvan-

ized trou shall be coated with a solution consisting of 2 ounces of

copper chloride, 2 ounces of copper nitrate, 2 ounces of sal ammoniac

in 1 gallon of soft, clear water, with 2 ounces of crude hydrochloric

acid added after solution is completed. They shall then receive a

priming coat of red lead and raw linseed oil and two finishing coats

of white lead and raw linseed oil.

(6) Painting Pipe —All pipes and fittings whieh are to be in-

sulated shall be painted with one coat of an approved asphalt paint.

This paint shall be thoroughly dry before any pipe covering 1s ap-

plied.

(7) Painting Pipe Covering. —The canvas jacket on pipe covering

shall be painted with two coats of asbestos paint light colored.

(S) Painting Radiators and Exposed Piping.—All direct radia-

tors and exposed piping shall be painted two coats of paint consisting

of a mixture of zine white ground in damar varnish. which shall be

thinned with turpentine to a creamy consistency. to which shall be

| fol. 1] added the Necessary coloring matter and enough good pale

baking varnish to make a glossy paint. Apply while pipes are cool

and turn on heat slowly until paint is baked on.

(9) Painting Fans.—The fans shall be painted two coats of white

lead and linseed oil colored as directed.

(10) Painting Moters.— Motors and compensators shall be painted

at the factory in accordance with manufacturers standard finish.

After erection all damaged surfaces shall be restored to original con-

dition.

12

31. Plenum System.—The main portions of buildings shall he

heated and ventilated by the plenum system. Machine shop

shall be arranged to recireulate the air. Foundry shall be ar-

ranged to introduce fresh air or to recirculate the air as desired. The

offices, tool rooms, toilet and locker rooms shall be heated by direet

radiation supplemented by the plenum system.

The contractor shall furnish and work into place all apparatus.

parts, material and accessories necessary for the complete installation

of the system. The equipment and material will be inspected upon

delivery. Upon the completion of the work, the contractor shall

make an operating test of the entire installation, separately and col-

lectively, to determine its compliance with the requirements of this

specification. The Government will furnish the hot water and clec-

tric current necessary for these tests, but the contractor shall furnish

all labor, instruments, and other material needed to carry out the

tests to the satisfaction of the officer in charge. The contractor shall

repair or replace any parts of the installation which prove defective

or insufficient. The method and the work of installation shall be in

accordance with the best practice and satisfactory to the officer in

charge.

Work required ineludes the finishing and installing of 10 heating

{fol. 20] and distributing units consisting of heater stacks, casings,

fans, motors and controllers, foundations, distributing duets, piping.

valves, fittings, gauges, and thermometers.

32. Plenum Fans.—The plenum fans shall be multiblade or multi-

vane type, full housing, with outboard bearings and overhung wheels,

Five fans in machine shop shall be top vertical discharge. Four

fans in foundry shall be top horizontal discharge. One fan in ma-

chine shop shall be bottom horizontal discharge.

The three fans in center of the machine shop and the four fans

in the foundry shall each have a capacity to deliver not less than

43,000 cubif feet of air per minute at 140° F. against a static head of

1 inch water gauge with a peripheral velocity not execeding 3,600

feet per minute. The three units along north wall of the machine

shop shall each have a capacity to deliver not less than 27,000 cubic

feet of air per minute at 140° I. against a statie head of 1 inch water

gauge with a peripheral velocity not exceeding 3,600 feet per minute.

33. Design—The blower and housing shall be of liberal design,

simple and durable, and shall be constructed to reduce eddy currents

to a minimum and to permit the ready removal of the fan. The

construction shall also provide a large air inlet and allow for high

volumetric and mechanical efliciency. The wheel shall be rigid

and well braced. The hub shall be a strong casting, keyed to the

shaft, accurately machined, and shall present a smooth surface to

the inflowing air. The back plate shall be securely riveted to the

hub. The blades shall be concave, all of the same shape and form,

and shall be securely riveted to the plates. The entire wheel shall be

accurately balanced and shall run without vibration. The housing

shall be built of steel plate of suflicient thickness to insure rigidity

and stiffness. It shall be well braced and riveted to an angle and

FE RG AT GO AS BIE PER ENOL TIES SINE NI WL NES BEDE PORRIDGE SBI? LER LRN PRE RS” BUNA FEES ATR DICER Boe OR

18

[fol. 21] channel frame. Each fan shall have two bearings, which

shall be extra long and of large diameter, giving ample bearing sur-

face. They shall be self-aligning and easily adjusted for wear, and

shall be lined with the best quality of babbitt metal. Each bearing

shall be provided with an oil well of large capacity with an oil gauge

glass and with two rings to feed the oil to the bearing surface. The

shaft shall be of cold-rolled carbon steel having a key seat for the

hub and provided with driving connections as specified in paragraph

34.

Driving sprocket shall be mounted between the bearings, and the

overhung wheel. :

Motors and Controllers

34. General Requirements.—The motors and controlling appli-

ances for use in connection with the blowers shall be suitable for

use with alternating current at 220 volts, 3 phase, 60 eyeles. They

shall be in accordance with specification No. 17M2b, referred to in

paragraph 11, and shall be type A, class 1. Speed of motors shall

not exceed 1,200 revolutions per minute. Each motor shall be eon-

nected to its blower by means of an approved silent chain drive,

inelosed in a steel casing, and shall have suflicient power to drive

the blower at the required speed.

The contractor shall furnish and install the wiring from the

motors to the starting compensators. Wires shall be installed in

rigid steel conduits. Wires shall be protected at pipe ends by means

of econdulets. All wires shall be rubber insulated and braided for

600-volt: service. All electrical work shall be in accordance with

the latest edition of the National Electrical Code. Each motor shall

be provided with a starting compensator giving no voltage and over-

load release protection. The compensator shall have a conduit wir-

ing case, and a metal inelosing cover for the relays and coils. Start-

{fol. 22] ing equipment shall conform to Specification 17M2b. The

main switch shall be inclosed in a metal ease with hinged door.

35, Air Tleaters.—Air heaters shall be cast iron, cored extension

surface type, with sections held together by hexagonal east iron

right and left nipples or bolts. Heaters shall consist of sections

approximately 50 inches and 72 inches high and 9 inches deep and

shall be assembled one and two tiers high and 5 inehes on centers.

Lower tier of heaters shall rest on 8-inch channels and a piece of

steel pipe shall be placed between the upper and lower sections,

The heater sections shall be connected as indicated on drawings.

and each group shall be provided with gate valves on the supply

and return connections. Drain valves with hose nipples and vent

Valves as specified under paragraph 25 shall be provided for each

group of heaters.

36. The housings for the heaters and the connections between

heaters and fans shall be constructed of No. 12 gauge sheet stecl

braced with 2 by 2 inch angle stiffeners spaced not more than 30

inches apart and with angle runners at floor and top of housings.

14

Water will be delivered to the heaters under a pressure of ap-

proximately 45 pounds per square inch and at a temperature of

250° F. in extreme weather.

Air Duets

37. Size.—The main and branch distributing ducts shall gener-

ally be of the size indicated on drawings. In the event that structural

conditions prevent the installation of duets of the dimensions shown

other cross sections of equal area shall be installed as directed by the

oflicer in charge.

38. Construction.-- The air ducts shall be constructed throughout

of galvanized sheet steel guaranteed to double seam without showing

{fol 23] fracture. Jointing of duets shall be as follows:

Rectangular Duets

Longest dimension Joint between sections Corner joints

Up to 24 inches... .Slide joint ............ Double lock seam.

25 to 40 inches... .Standing seam ......... Do.

41 inches and over. . Angle-iron corners ...... Angle-iron frames

forming flanges.

Round Duets

Diameter Girth joint Longitudinal joint

Up to 24 inches... .Slip joint riveted....... Rivet and solder.

25 to 40 inches. ...Swedge and wire riveted. Do.

11 to 60 inehes..... Angle-iron flanges ...... Do.

30. Weight of Sheets —The weight of the sheets forming the

duets shall not be less than shown in the following table:

Diameter, inches, Weight per square foot

on longest side after galvanizing

0-15 0.906

16-24 1.156

24-56 1.406

37-48 1.656

10-61 2.156 |

10. Hangers and Supports.—All ducts shall be supported from §

crane rail girders, lattice-wall girders, roof trusses, and other strue- J

tural members. Round duets shall have sheet-metal bands, same

weight as duct. encircling the duct. Reetangular ducts shall have § ,

l-inch pipe supports under duets with hangers on each side. This

contractor shall drill all necessary holes in structural work for the

reception of hangers, and where necessary shall provide brackets se-

cured to the framing for the support of ducts, as directed by officer

in charge. Supports shall be not over 8 feet apart.

PGRN TE EF ELL LTE EG IO NEGLI. LLIN IE LI OY a eartueakon. Min ba stale sama tae

41. Detlectors.—Sheet-metal deflectors shall be placed in’ main

duets at points where branches are taken off, to insure a uniform

distribution of air in the various branches. These deflectors shall

ffol. 24] be installed with extension wires to outside of duct, which

wires shall be soldered fast and cut off flush with outside of duet

after deflectors are properly adjusted.

42. Volume Dampers.—Adjustable dampers shall be placed on all

discharge openings to regulate the discharge of air. The dampers

shall be operated by levers. cach having a ratehet which shall se-

curely hold the dampers in any position. The levers shall extend

to a point 6 feet above the main shop or gallery floor.

43. Switch Dampers.—Balanced louver type dampers shall be in-

stalled in’ fresh-air and vecireulating inlets to foundry heaters as

shown on plans.

Dampers shall be constructed of No. 12 steel with 2 by 2 ineh

channel frames. Dampers shall have heavy wrought-iron rods in

leaves, bushed or ball bearings, with approved heavy pattern opera-

ting levers and quadrants to secure same in any desired position.

44. Inspection Doors.—Housings of heaters in foundry shall have

doors for access to inlet side of heaters constructed of No. 12 gauge

sheet steel reinforced with I! by 14% inch continuous angles bent

around corners and riveted or welded at meeting. Doors shall have

heavy strap hinges and two approved fastening devices.

15. Inlet Louvers.—Air intakes for heaters in foundry shall be

provided with louvers giving necessary free air space.

Louvers shall be constructed of 16-ounce best grade rolled copper

sheets of uniform thickness and full weight. It shall be tough and

ductile, without cracks or flaws, and shall stand repeated bending

with or across fiber without splitting or breaking.

Louvers shall be of approved standard design and shall be reason-

ably rain-tight. AL structural shapes necessary to install louvers

in the space designed to’ receive metal sash of monitors shall be pro-

|fol. 25] vided and installed by this contractor. Detail drawings

showing the design and construction of louvers shall be submitted for

approval before getting out any work on louvers.

Pipe Work

46. The contractor shall install all pipe work from point of en-

trance to the building of hot-water supply and return pipes to all

heaters and direct radiators shown or noted on drawings, with all

valves, fittings, ete.. shown on drawings or required for a complete

working system.

Pipe valves, fittings, unions, and gaskets shall be as hereinbefore

specified in paragraphs 21, 22 and 23.

16

Foundations

47. The contractor shall furnish all of the necessary material

for and shall build foundations with the necessary foundation bolts

for three heaters, blowers, and motors on north side of machine

shop. The foundations shall be of conerete and the exposed sur-

faces shall be of uniform color and even appearance, free from. pits,

fins, grain marks, stains, and inequalities of mixture. Care shall

be taken in depositing the concrete to spade between the concrete

and the forms to bring the finer portions to the surface. Every

effort shall be made to avoid visible lines of juncture between the

concrete deposited at different times. The forms shall be removed

while the conerete is still green and the faces shall then be rubbed

down and thoroughly floated with a wooden float, using a 1 to 2

cement mortar grout, applied with a whitewash brush. Surfaces

shall be kept wet until the concrete has set thoroughly. In no case

shall any loose material be left on the finished surfaces.

Two units—heater fan and motor—in foundry shall rest on the

galley floor, and no foundations will be required.

|fol. 26] Two units-—heater fan and motor—in foundry and three

units in machine shop shall be supported on platforms resting on

structural members provided by the Government. This contractor

shall provide floors for platforms constructed of 14-ineh thiek dia-

mond-checkered deck plate and railings, constructed of 2-inch steel

pipe and matlleable-iron railing fittings and floor flanges. Contrae-

tor shall provide ladders for access to platforms, constructed with

2 by 14, inch running sides and *4-ineh rungs, giving 16-inch foot

room.

Contractor shall furnish structural shapes to bring heaters to proper

level where necessary.

Direct: Radiation

48. Work required includes furnishing and installing a complete

forced circulation hot-water heating system in the toilets, wash rooms,

offices, and other small rooms in the lean-to portions of the machine

shop and a similar system in the toilet and locker room and. office

in the foundry complete with connections to the hot-water supply and

return mains.

All radiators, piping. fittings, valves, connections for supply and

return mains, and all other apparatus, parts, materials, and accessories

necessary to an efficient heating system shall be furnished and in-

stalled whether or not specifically mentioned herein. The system

proposed for installation must be simple in construction, installation

and operation, and provide a perfect circulation, control, and dis-

tribution of hot water at a pressure of approximately 45 pounds at

the radiators and a temperature of 250° F. in extreme weather.

49. Radiators.—Shall be plain pattern cast-iron hot-water type.

of the sizes, heights, and columns noted on the drawings. Column

[fol. 27] radiators shall have leg sections at each end and center

PERL SOG OLR EAE AA BAN PE OE PS

17

legs on radiators containing more than 14 sections. Joints be-

tween sections shall be made with screw nipples. Locations of

radiators shown on drawings are approximately correct, but slight

modifications shall be made to accommodate radiators to the location

as directed by the officer in charge.

50. Pipe.—All pipe shall be in accordance with the “Standard

Specification for Piping,” class 8S.

o1. Piping.—Piping shall be installed in approximately the lo-

cations shown on drawings, but slight modifications from same may

be required to accommodate the sume to the building and shall be

made if required by the officer in charge.

52. Valves and Fittings—Gate valves shall be installed in the

supply and return lines where indicated on the drawings. All

fittings, unions, and gaskets shall be as called for in “Standard

Specification for Piping,” class 8.

Radiator valves and air valves shall be as called for in paragraph

No, 25.

Proposals

03. Certified Check and Bond.—Fach proposal must be accom-

panied by a certified check, payable to the Chief of the Bureau of

Yards and Docks, for the sum of $2,500, as a guaranty that the

bidder will not, without cause, approved by the Chief of the Bureau

of Yards and Docks, withdraw his bid, and that. if awarded to him, he

will execute the required contract within 10 days after its delivery

to him for that purpose, and give a bond (preferably that of a first-

class surety company) in a penal sum equal to 30 per cent of the

contract price, conditioned upon the faithful performance of the

contract. This bond is not required with the proposal. Checks of

unsuccessful bidders will be returned immediately after the contract

[fol. 28] is awarded, and of the succes-ful bidder upon the execution

of the contract.

54. Form of Proposals —Proposals and all exhibits, alternative

plans, letters of explanation, circulars, and all other papers (except

the certified cheek) which it is desired to have consjdered in connec-

tion therewith must be made in duplicate. Bidders are expected to

read the specification with special care and to observe all of. its

requirements. Except in so far as proposals shall, under a special

heading for the purpose, call attention to every particular wherein

same conflicts with the requirements of the specifications, the latter

shall govern and be complied with to the satisfaction of the Chief

of the Bureau of Yards and Docks at the expense of the contractor.

Proposals shall be made in ink or typewriting, without erasures, upon

the prescribed blanks furnished bidders, as follows:

Item 1. Net price and time of completion for the work complete

in accordance with this specification and the aecompanying draw-

ings.

3—ADS

ora

7 ae Aa et Re REE PRETO IL

ee

Item 2. Net price and time of completion for the work complete

as contemplated in item 1, conforming to the intent of this specifi-

cation, but with such modifications of detail as are clearly defined

and described in the proposal under a special heading entitled “Ex-

ceptions.”

Item 3. Net price and time of completion for the work shown and

specified to be installed in foundry building.

Item 4. Net price and time of completion for the work shown and

specified to be installed in machine shop.

55. Evaluation of Bids—Paragraph 10 of the “General pro-

visions” relative to the “Evaluation of bids” is hereby cancelled.

{fol.29] 56. Bidders shall submit information as follows with

their proposals. (Each piece must be plainly stamped with the

name of the bidder, or otherwise marked to indicate the bid to which

it belongs.) Trade name and name of manufacturer of motors,

blowers, heater units, radiators, all valves, gauges, thermometers, gus-

kets, and all accessories. Should a bidder fail to name the articles

mentioned, the Government reserves the right to name the articles

to be furnished subject to specification requirements.

57. Acceptance and Rejection of Proposals —The Government re-

serves the right to award the contract upon any of the above items,

to accept any bid, to waive any defects and informalities in the

proposals, and to reject any or all bids.

58. Bidder’s Ability —Before he is awarded the contract, any

bidder many be required to show that he has the necessary capital,

facilities, experience, and ability to begin the work promptly and

perform it in a satisfactory manner, and that he is regularly en-

gaged in the business of performing such work.

59. Papers for Contracts—Upon receipt of notice of award of

contract, the successful bidder shall forward to the Bureau of Yards

and Docks four additional exact copies of all papers accompanying

the proposal except the certified check.

60. Examination of Site-—Intending bidders are expected to ex-

amine the site of the proposed work and inform themselves

thoroughly of the actual conditions and requirements before sub-

mitting proposals.

61. Proprietary Articles—Where proprietary articles are men-

tioned herein, bidders may base their proposals upon similar articles

of equal value and efficiency, but the fact that they have done so

{fol. 30] must be stated therein, and in all cases when not so stated

such articles may be installed only with the approval of the officer

in charge.

62. Information.—For any further information needed by in-

tending bidders, application should be made to the Chief of the

EOSIN PRUE ng OS RE NMP INAe Nm 9 o9 7 NEI lps ANA Re OE PEE

19

Bureau of Yards and Docks or to the Commandant, Navy Yard,

Norfolk, Va.

Any discrepancies or omissions noted by intending bidders in plans

or specifications should be promptly referred to the Chief of the

Bureau of Yards and Docks, Navy Department, Washington, D. C.,

for correction or interpretation before the opening of the bids.

Navy Department, Bureau of Yards and Docks, June 9, 1917.

|fol. 31] General Provisions Forming Part of Specifications for

Contracts for Public Works. Bureau of Yards and

Docks, Navy Department

March 20, 1917

1. Contract —The contract to cover the work to be done will be

base- upon these general provisions, the detailed specification of the

work, and the plans or other papers to which such detailed specifica-

tion refers, all of which will he attached to and form a part of the

contract. The successful bidder will be the party of the first part

to the contract and will be known as the contractor, and the Navy

Department will be the party of the second part and known as the

Government.

2. Government Representatives.—The work will be under the gen-

eral direction of the Chief of the Bureau of Yards and Docks, acting

under instructions of the Secretary of the Navy. <A resident officer

of the Corps of Civil Engineers, United States Navy, or other officer

or representative of the Government, known as the officer in charge,

will have immediate charge and supervision of the work and of all

details thereof, including inspection. Appeals may be made to the

resident senior naval officer, to the Chief of the Bureau of Yards

and Docks, and to the Secretary of the Navy, in the order named.

3. Control of Work.—The Government, by its officer in charge,

shall at all times exercise full supervision and general direction of

all work under the contract so far as it affects the interests of the

Government, and all questions, disputes, or differences as to any

part or detail thereof shall be decided by such ofticer in charge, sub-

[fol. 32] ject to appeal, provided that it shall be distinetly under-

stood that the supervision and general direction of all work under

the contract by the officer in charge shall not relieve the contractor

of responsibility for the full protection of and responsibility for his

work, both as regards sufficiency and time of execution.

4. Omissions and Misdescriptions—The omission from the con-

tract or from the plans, specifications or other papers attached thereto

and forming a part thereof or the misdescription of any details of

work the proper performance of which is evidently necessary to

arry out fully the geneal intention expressed in the detailed specifica-

tion of the work shall not operate to release the contractor from

performing such work, but the same shall be fully and properly per-

SRR Dt DB. PE RMI nes tee bac iein

20

formed in the same manner as if fully and correctly indicated, de-

scribed, and required in and by the contract and without expense to

the Government in addition to the contract price.

5. Discrepancies—The specifications and plans forming part of

the contract shall be considered as supplementary one to the other,

so that materials and workmanship indicated, called for, or necessarily

implied by the one and not by the other shall be supplied and worked

into place the same as though specifically called for by both. Should

any discrepancy be found to exist between plans and specifications or

any parts of either or should the language of any part of the contract

prove to be ambiguous or doubt, the officer in charge will decide as

to the true intent and meaning.

6. Facilities-—Unless otherwise specifically stated, the contractor

shall be allowed reasonable space at the site of the work and access

to the same for receiving, handling, storing, and working material.

Employees. material, and plant shall be confined to the space as-

signed. Upon the completion of the work the contractor shall

remove all his surplus material, machinery, tools, ete., from the

property of the Government, and upon failure so to do within 30 days

| fol. 55] from date of notice to remove they may be treated as aban-

doned property.

7. Employees.—The contractor shall employ only competent, care-

ful, orderly persons upon the work; and if at any time it shall ap-

pear to the officer in charge that any person employed upon the

work is incompetent, careless, reckless, or disorderly, or disobeys or

evades orders or insiructions or shirks his duty, such person shall be

immediately discharged from and not again employed upon the

work. Such discharge may he directed by the officer in charge, and

if not acceptable to the contractor shall be nevertheless immediately

effected preceding any appeal. No person undergoing sentence of

imprisonment at hard labor shall be employed on the work. The

contractor shall, in the prosecution of the work, take such measures

for the safety of life and limb as will meet and satisfy the require-

ments of the laws of the State where the work is being done.

8. Time of Commencement of Work.—The contractor shall com-

mence work immediately after the delivery to him of a copy of the

contract and continue without interruption unless otherwise directed

by the Government.

9. Time of Completion—Each bidder shall state the number of

calendar days required to complete the work, counting from the

date a copy of the signed contract is delivered to him.

(0. Evaluation of Bids.—Bids will be evaluated on the basis of

the agreed damages per day in each case where different times for

completion are named by bidders, the shortest time heing taken as

standard, and other bids increased at the per diem rate to cover the

increased time required. Bidders are at liberty to submit as many

bids as they desire, naming different periods of time for completion

of the work, /

/

f

/

Sei AMARA REG ML IA RULNR LAY ee S72 I ERR TREE SBP ASRS ERR

stood and agreed that in the event of the work not being completed

[fol. 34] within the time allowed by the contract, said work shall

continue and be carried on according to all the provisions of said

contract, unless otherwise directed by the Government, in writing,

and said contract shall be and remain in full force and effect dur-

ing the continuance and until the completion of said work, unless

sooner revoked or annulled according to its terms. Provided, That

ne/ther an extension of the time bevond the date fixed for the com-

pletion of said work nor the permitting or accepting of any part of

the work after said date shall be deemed to be a waiver by the Gov-

ernment of its rights to annul or terminate said contract for aban-

donment or failure to complete within the time specified or to im-

12. Extension of Time.—For causes of the character hereinafter

enumerated extensions of time for the completion of the work may

be allowed. Should the contractor at any time consider that he is

entitled to an extension of time for any cause, he must submit in

writing to the officer in charge an application for such extension,

stating therein the cause or causes of the alleged delay. The officer

in charge will refer the same at onee, with full report and recom:

mendations to the Navy Department, Bureau of Yards and Docks,

for consideration and for such action as the circumstances may war-

rant. The failure or neglect of the contractor to submit, as above

provided, his claim for extension of time within 30 davs after the

happening of the cause or causes upon which his claim is predi-

cated, shall be deemed and construed as a waiver of all claims and

right to an extension of time for the completion of the work on ac-

count of the alleged delay, and the contractor agrees to accept the

finding and action of the Navy Department, Bureau of Yards and

Docks, in the premises as conclusive and binding.

13. Damages for Delay.—In case the work is not completed within

|fol. 35] the time specified in the contract, or within such extension

of the contract time as may be allowed, it is distinctly understood

and agreed that deductions at the rate named in the specifications

of the work shall be made as liquidated damages and not as penalty

from the contract price for each and every calendar day after and

exclusive of the date within which the completion was required up

to and including the date of completion, said sum being specifically

agreed upon as a measure of damage to the Government by reason

of delay in the completion of the work; and the contractor agrees

and consents that the contract price, reduced by the aggregate dam-

ages so deducted, shall be accepted in full satisfaction for all work

done under the contract.

14. Unavoidable Delays.—Unavoidable delays are such as result

from causes which are beyond the contro] of the contractor, such as

acts of Providence, fortuitous events, inevitable accidents, abnormal

conditions of weather or tides or strikes of such scope and character

as to interfere materially with the progress of the work. Delays

caused by acts of the Government will be regarded as unavoidable

11. Continuance of Work After Time.—It is mutually under-

pose and deduct damages as hereinafter provided. end

,

22

delays. Delays in securing delivery of materials, or by rejection of

materials on inspection, or by changes in market conditions, or by

necessary time taken in submitting, checking, and correcting draw-

ings, or inspecting material, or by: similar causes, will not be re-

garded as unavoidable. Should any delay in the progress of the

work seem likely to occur at any time, the contractor shall notify the

officer in charge in writing of the anticipated or actual delay, in

order that a suitable record of the same may be made. (See par. 12.)

15. Progress.—The contractor, if so directed, shall furnish on a

prescribed form a schedule of expected progress on the work under

the contract, showing approximately the dates on which each part

or division of the work is expected to be begun or finished. The

| fol. 35] contractor shall also forward to the officer in charge as soon

ax practicable after the first day of each month a summary report

of the progress of the various parts of the work under contract in

the mills or shops and in the field, stating the existing status, rate

of progress, estimated time of completion, cause of delay, if any, ete.

16. Annulment of Contract—If at any time the progress of the

work shall have been such as to show that the work cannot be com-

pleted within the time allowed, or should any provision of the con-

tract he violated by the contractor the Chief of the Bureau of Yards

and Docks mav, if in his opinion the interests of the Government

demand it, declare the contract null and void without prejudice to

the right of the Government to recover for default therein or vio-

lations thereof. Should the contract be declared null and void, the

contractor agrees4that the Government may hold all material de-

livered and work done under the contract, and all machinery, tools,

apphances, and accessories upon the site of the work or used in con-

nection therewith pending the completion of the work covered by

the contract unless allowed or directed to remove them in whole or

in part. If the contractor is directed to remove the whole or any

part of said machinery, tools, appliances, and accessories and fails

or neglects to do so within 30 days after notice, the Government

shall thenceforth be free from any responsibility for the eare or

preservation thereof and shall he entitled to reimbursement for any

expense incurred in connection therewith. Upon the annulment of

the contract a hoard of oflicers, or other representatives of the CGovy-

ernment, shall be appointed, which shall ascertain and determine

the value of all material delivered and work done, including a

fair and reasonable margin of profit thereon, and upon the ap-

proval of the findings of said board by the Chief of the Bureau

|fol 87] of Yards and Docks, the Government may proceed to

complete the work according to the contract, with such changes

as may subsequently be found necessary or desirable, in) such

manner and by such means as it may deem advisable, and

may. if the interests of the Government demand it, use or em-

ploy any materials, tools, machinery, appliances and accessories

helonging to or furnished by the contractor for use in con-

nection with the work covered by the contract. Said board shall

also inventory and estimate the value of said materials, tools, ma-

chinery. appliances, and accessories, and said inventory and esti-

23

mate shall, if approved by the Chief of the Bureau of Yards and

Docks, be conclusive in any aecounting between the parties of the

contract: Provided, That the Government shall not be liable for de-

preciation by ordinary wear and tear, or injury or destruction by

superior force, or for such material or articles as are consumed in

use. Upon the completion of the work the cost of completing the

same shall be ascertained and determined and when approved by the

Chief of the Bureau of Yards and Docks, shall be final, conclusive,

and binding upon all parties; and should the total cost of the work,

including payments made by the contractor, exceed the contract

price, modified by the cost of any changes made before or after an-

nulment, determined as provided in the following paragraph, the

difference shall be charged to the contractor, who undertakes and

promises to pay the same upon demand. Should the total cost of

the work be less than the contract price, the contractor shall be

credited with the difference between the contract price, as modi-

fied by changes, and the total cost of the work, provided the amount

so eredited shall not exceed the amount found by the board above

mentioned to be the value of the material delivered and work done

by the contractor, less previous payments to him.

|fol. 88] 17. Changes—The Government reserves the. right to

make such ehanges in the contract, plans, and = specifications as

may be deemed necessary or advisable, and the contractor agrees

to proceed with such changes as directed in writing by the Chief

of the Bureau of Yards and Docks. The cost of said changes shall

be estimated by the officer in charge, and, if less than $500, shall

he ascertained by him. If the cost of said changes is $500 or more,

as estimated by the officer in charge, the same shall be ascertained

by a board of not less than three officers or other representatives of

the Government. The cost of the changes as ascertained above,

when approved by the Chief of the Bureau of Yards and Docks,

shall be added to or deducted from the contract price, and the eon-

tractor agrees and consents that the contract price thus inereased

or decreased shall be accepted in full satisfaction for all work done

under the contract: Provided, That the increased cost shall be the

estimated actual cost to the contractor at the time of such estimate

and that the decreased cost shall be the actual or market value at

the time the contract was made, both plus a profit of 10 per cent.

18. Extras.—The contract price shall cover all expenses, of what-

ever nature or description, connected with the work to be done under

the contract. Should the contractor at any time consider that he

is being required to furnish any material or Jaber not called for

hy the contract, a written itemized claim for compersation therefor

must be submitted by him to the officer in charge, who will refer

the same at once with full report and recommendation to the Navy

Department, Bureau of Yards and Docks, for decision and formal

order covering approved items, if any. The failure or neglect

of the contractor to present as above tis claim for material or labor

alleged to be extra within 60 days after being required to furnish

or perform the same shall be deemed and construed as a waiver

|

o4

of all claim and right to additional compensation for the furnishing

| fol. 39] or performance of the alleged extra material or labor, and

the contractor agrees to accept the finding and action of the Navy

Department, Bureau of Yards and Docks, in the premises as con-

clusive and binding.

19. Oral Modifications.—It is distinctly understood and agreed

that no oral statements of any person whomsoever shall be allowed

in any manner or degree to modify or otherwise atfect the terms

of the specifications, plans, or the contract. Changes shall be

made only as herein elsewhere specified.

20, Patents —The contractor shall forever protect and defend

the Government in the full and free use and enjoyment of any

and all necessary rights to any invention, machine, or device which

may be applied as part of the work, either in its construction or Use

after completion, against the demands of all persons whomesoever.

21. Contractor's Responsibility —The contractor shall be respon-

sible for the entire work contemplated by the contract and every

part thereof and for all tools, appliances, and property of every

description used in connection therewith. — All methods of work,

tools, appliances, and auxiliaries of every description shall be safe

and sufticient, and, if found by the officer in charge not to be so,

shall be made satisfactory by the contractor without delay. The

contractor shall specifieally and distinctly assume all risks con-

nected with the work, and Shall be held liable for all damages or in-

jury to property used or persons employed on or in connection with

the work and all damage or injury to any person or property, wher-

ever located, resulting from any action or operation under the con-

tract or in connection with the work, and undertakes and promises

to protect and defend the Government against all claims and to

reimburse it for any outlay on account of any such damage or injury.

22. Supervision.—The contractor shall give the work his personal

[fol. 40] attention and shall be present on the site of the work con-

tinually during its progress, either in person or by duly authorized

representative, to receive directions or instructions from the officer

in charge. The name of euch authorized representative shall he

communicated in writing to the officer in charge.

23. Eight-hour Law.—Special attention is called to the provisions

of the laws relating to hours of labor upon publie works. Any

violation of said laws coming to the notice of the Government officers

or employees will be reported to the Navy Department for such legal

action as may appear warranted.

Subject to the provisions of section 2 of the eight-hour kuw of

June 19, 1912, no laborer or mechanie doing any part of the work

contemplated by the contract in the employ of the contractor or

any subcontractor contracting for any part of said work contem-

plated shall be required or permitted to work more than eight

hours in any calendar day upon such work. For each violation

of this provision a penalty of &5 shall be imposed for each laborer

—_—s

26

or mechanic for every calendar day in which he shall be required

or permitted to labor more than eight hours upon said work, and

the amount of any such penalties shall be withheld for the use and

benefit of the Government from any moneys becoming due under

this contract, whether the violation of this provision is by the con-

tractor or any subcontractor.

24. Special Plans—Wherever it shall be necessary, the contractor

shall make special or detail plans in amplitication of the contract

plans, or in furtherance of the specifications, before proceeding with

the execution of the work. Such plans shall be submitted to the

officer in charge or Chief of Bureau of Yards and Docks, as may

be directed, in the form of blue prints, in duplicate, for considera-

tion, correction, or approval. When approved, one set of these prints

(fol. 41! shall be returned to the contractor so marked. When

changes or corrections are necessary, one set shall be returned to the

contractor so noted, and he shall proceed as before with the sub-

mission of duplicate prints. When any plan has been approved,

the contractor shall furnish the officer in charge with additional

blue-print copies, or with the tracing, or an equivalent as regards the

facility for printing. If a tracing is submitted, the Government

will make such prints as it may require and will return the trac-

ing to the contractor. On the completion of the work the con-

tractor shall, if so directed, furnish the Government with one com-

plete set of Vandyke prints, on cloth, of all approved plans. When

the work of the contractor is of a nature originating with him, full

general and detail plans shall be furnished to the Government in

the form of tracings, or the equivalent as regards facility for print-

ing, which shall, upon approval, become the property of the Govern-

ment, approved sets or prints being furnished to the contractor.

The approval of the general and detail plans of the contractor shall

in all cases be of a general nature relating to their sufficiency and

compliance with the intention of the contract, and shall not. re-

lieve the contractor from errors, discrepancies, or omissions therein

contained, which shall be made good whenever found.

25. Checking Plans and Dimensions; Lines and Levels—The

contractor shall check all plans furnished him immediately upon

their receipt and promptly notify the oflicer in charge of any dis-

erepancies discovered therein. Figures marked on plans shall, in

general, be followed in preference to scale measurements, but the

contractor must compare all plans and verify the figures before laying

out the work and will be held responsible for any errors therein

that might have been avoided. Large-scale plans shall, in general,

[fol. 42] govern small-scale plans. In all eases where dimensions are

governed by conditions already established the contractor must de-

pend entirely upon measurements taken by himself, scale or figured

dimensions to the contrary notwithstanding, but no deviation from

the specified dimensions will be allowed unless authorized by the

officer in charge. The contractor shall be held responsible for the

lines and levels of his work, which upon completion shall fulfill the

intention of the contract.

4—498

26

26. Inspection —The contractor must afford every facility neces-

sary for the safe and convenient inspection vf the work throughout

its construction. The officer in charge shall have power to reject

material and workmanship which are not in accordance with the con-

tract, and all such must be removed promptly by the contractor and

replaced to the satisfaction of the officer in charge without extra ex-

pense to the Government. Should it be deemed advisable by the

officer in charge to make an examination of work already completed

by removing or tearing out the same, the contractor shall furnish all

necessary facilities, labor and material. If the work is found to

be defective in any respect, due to the fault of the contractor, he

shall defray all the expenses of such examination and of satisfactory

reconstruction. If the work be found to meet the requirements of the

contract, the actual cost of the examination plus 10 per cent will be

allowed to the contractor, and the contractor shall be granted a suit-

able extension of time on aecount of the additional work involved,

provided such extension of time is clearly warranted. Provisional

aceeptance in the course of construction shall not preclude rejection

upon the discovery of defects previous to acceptance of the com-

pleted work. All inspection of material and workmanship will he

made, unless otherwise provided, after delivery at the site. When

| fol. 43] material is to be inspected at the factory, the “Instructions

relative to factory inspection of machinery and material, coming

under the cognizance of the Bureau of Yards and Docks, Navy De-

partment,” will form a part of the contract. Material rejected at the

place of manufacture or elsewhere shall not he delivered on the site

of the work, and material rejected at the site of the work shall be at

once distinetly isolated and, as soon as possible, removed from the

Government reservation, and not returned thereto,

27. Order, Protection, and Completion of Work.—The contractor

shall protect his materials and work from: deterioration and damage

during construction, and upon completion shall without delay, re-

move his plant and all surplus material and rubbish from the site.

The contractor will be required to carry on this work without inter-

fering with the ordinary use of the streets or with the operations of

other contractors or delaving or hindering any work done by the

Yovernment, whether upon the site or not. Tle shall make good any

damage to property of the Government caused by his operations. — It

is understood and agreed that the parties to the contract will, so far

as possible. labor to mutual advantage where their several works in

the above-mentioned or in unforeseen instances toueh upen or inter-

fere with each other. Mutual concessions under the direetion of the

officer in charge shall he made to secure this end.

28. Schedule of Priees.-—Before the first pavinent hecomes due the

contractor shall submit to the officer in eharge an itemized schedule

of prices on preseribed forms furnished by the officer in charge. The

officer in charee will check such schedule and forward it to the

Bureau of Yards and Docks with his recommendation and the

achedule. after it has heen approved by the bureau, will govern the

[fol. 44] preparation of monthly estimates. Allowance for non-

27

perishable material delivered at the site of the work will be made

only when it appears to the satisfaction of the officer in charge that

such material will be worked into place within a reasonable time

after date of delivery, and the officer in charge shall determine what

period shall constitute a reasonable time after delivery. Allowance

will be made for such temporary work as is of intrinsic value to the

Government for the time being, such as cofferdam, sheet piling,

cribwork, dikes, concrete forms, scaffolding, ete. when such work

constructed in accordance with general plans submitted by the con-

tractor is in place and completed and found by the officer in charge

to be suflictent for the purpose for which it was constructed: Pro-

vided, however, That allowance in any payment on account of suehi

temporary work shall not be disproportionate to the value of other

work included therein, to be determined by the officer in charge, and

that payment shall place no responsibility on the Government for the

success or failure of the structure on account of which payment is

allowed, The prices to be allowed for material for use in temporary

work shall be the estimated actual value to the Government should

the contractor fail to proceed with the contract to completion. The

prices for material used in’ the permanent strueture shall be the

actual current market value as nearly as may be ascertainable. The

difference between the total of the schedule of prices prepared as above

indicated and the contract price shall be distributed among all the

items of the schedule so that the total of the approved schedule shall

in every case equal the total contract price. When the contract or

any part thereof is based on unit prices and estimated quantities,

these quantities and unit prices shall be employed in the schedule.

Whenever the contract price is inereased or decreased by supple-

[fol 45] mentary agreement or order, the schedule of prices shall

he amended to conform: to the increased or decreased contract price,

29. Payments and Reservations.— Vouchers will be prepared by

the ollicer in charge of the work as soon as practicable after the end

of each month, eovering his estimates, according to the schedule of

prices, of all material delivered. taterial worked into plaee, and

work done to date. From such gross estimate will be dedueted the

next previowts gross estimate, anys and LO per eent of the difference

unless otherwise specified. “The contractor shall certify to the cor-

recthess, justness, and nonpayment of said vouchers, after which

they will be forwarded to the Bureau of Yards and Doeks for ap-

proval and for reference to the Payraaster General of the Navy for

payment by check. Upon the completion of the contract the balance

due on aecount thereof will be covered by similar vonehers, subject

to any eredits in favor of the Government: Provided, That the con-

tractor shall first execute and deliver a final release to the Govern-

ment, in such form and containing sueh provisions as shall be ap-

proved by the Navy Department, of claims against the Government

arising under or by virtue of the contract,

30. Lien.—The Government shall have a lien upon the material

entering into the work under the contract for all moneys paid for and

on account thereof, which lien shall begin with the first payment,

and shall thereupon attach to the work done and materials furnished,

and shall, in like manner, attach from time to time as the work

resses and as further payments are made, and shall continue

until it shall have been properly discharged; and said lien hereby

provided is, pursuant to the act of Congress approved August 22,

1911, paramount.

31. Subcontracts.—The contractor shall furnished to the officer in

se 46] charge, for the information of the Bureau of Yards and

ks, immediately upon the execution of any subcontract, a state-

ment showing the name and address of the subcontractor, the char-

acter and location of the work involved, date of contract, time limit,

if any, and amount of money agreed to be paid. This does not

include material men performing no labor nor persons employed

individually.

Navy Department, Bureau of Yards and Docks, March 20, 1917.

[fol. 47] Instructions Relative to Factory Inspection of Machinery

and Material Coming under the Cognizance of the Bureau of

Yards and Docks, Navy Department

These instructions will be followed when material is specified

to conform to Navy Department Standard Specifications for “Elee-

tric Wires and Cables,” “Induction Motors,” “Direct Current Motors,”

“Transformers,” “Structural Steel Work,” or Standard Specifications

of the American Water Works Association, or otherwise to have

factory inspection.

Orders, Shipping Lists, ete.

1. Contractors shall ascertain from the Bureau of Yards and

Docks whether inspection will be ordered by the Bureau or by the

—_ yard or station for which material is destined. Triplicate copies

of the contractor's order shall be forwarded, as soon as issued, to the

Bureau or to the navy yard or station which will have direction of —

the inspection. On contracts where an Inspector of Engineering

Material is assigned to make shop inspection, quadruplicate copies

of orders shall be sent direct to him in lieu of sending triplicate

copies to Bureau, yard, or station. Lf orders provide for material

apparently not in accordance with the contract the contractor will

be so notified. Duplicate copies of assembly and detail drawings

shall be forwarded to the Bureau or to the navy yard or station (as

[fol. 45] may be directed) as soon as possible after the contract is

placed. Any work done previous to the approval of drawings will

be at the contractor's risk. ‘The approval of all drawings is made

subject to the contract requirements, and such approval will not

waive any requirement of the specifications unless specific exception

is taken in the contract. When drawings are approved the con-

tractor will be notified, and should immediately forward such ad-

ditional copies of the drawings as mav be required.

29

2. Upon request from the inspector the manufacturer shall notify

the inspector when the material or machinery will be ready for

inspection. Failure to do this will delay inspection indefinitely.

If incorrect information is given, thereby causing one or more use-

less trips by the inspector, the Government reserves the right to

charge the expenses of such useless trips to the contractor.

3. The manufacturers shall show the inspector all schedules and

orders of material for the Government placed with them by the

contractors.

Office and Inspectors

+. Access to Work and Information.—The Department shall have

the right to keep inspectors at the works, who shall have free access

at all times to all necessary parts thereof and be permitted to ex-

amine the raw material and to witness the processes of manufacture.

Contractors and manufacturers shall furnish all the information

and facilities the inspectors may require for proper inspection under

these specifications.

5. Inspector's Office and Furniture —Each firm manufacturing

material shall furnish the inspectors, free of expense, with such facili-

[fol. 49] ties as may be necessary for the proper transaction of

their business as agents of the Government.

Expense

6. Handling Material —aAll handling of material necessary for

purposes of inspection shall be done at the expense of the contractor.

7. Making Tests.—All test specimens necessary for the determina-

tion of the qualities of material used shall be prepared and tested

at the exnense of the contractor.

Acceptance and Rejection of Material

8. Acceptance and Shipment of Material—

(a) No material shall be shipped by manufacturer or subcon-

tractor except by direction of the inspector, the Bureau of Yards

and Docks. or the commandant of the navy vard or station con-

cerned.

(b) The manufacturer shall furnish the inspector, immediately

after each shipment of material, an invoice of shipment in quad-

ruplicate, which must give—

(1) Identification marks.

(2) Dimensions of cach object.

(3) Actual weight of cach object or of each lot of similar objects

of like dimensions. When material is ordered by weight or gauge,

the estimated weights must also be given.

30

(4) Date of shipment.

(5) Names of consignor and consignee.

(6) Number and initials of car when shipment is made in car-

load lots.

(7) Number of pieces and packages shipped.

(fol. 50] (ce) Any delay in furnishing this information will cause

a like delay in the acceptance of the material at destination and in

the preparation of vouchers incident to payments for same.

% Rejection at Destination.—Material may be rejected at a navy

vard or other place of delivery for surface or other defects either

existing on arrival or developed in working or storage, even though

such material may have previously passed inspection by the Govern-

ment inspector at the place of manufacture or origin. In- such

cases the contractor must make good any material rejected.

Instructions for the Inspector

10. The navy yard, naval station, or Bureau will endeavor in

wll cases to forward to cach inspector concerned, as soon as received

from the contractor, the necessary specifications, drawings, and data

to be used in connection with the work of inspection. Attention

is invited to paragraph 16, which provides that suborders based upon

the main order will be obtained by the inspector.

11. In some cases it is possible that the inspector will receive in-

formation regarding the manufacture of material or machinery be-

fore it comes to the attention of the Bureau. In such eases it is

desired that the inspector immediately inform the Bureau of Yards

and Docks. and data will be obtained and forwarded.

12. In making inspections, the Bureau desires that all of the

tests specified, both in the printed specifieations and in the letters re-

questing inspection. be conducted. Tf any eondition arises making

it Impossible to conduct these tests, the approval of the Bureau should

Le obtained before omitting them. A record of the tests made and

results obtained should be made and a complete copy forwarded to

the Bureau and the commandant of the navy yard or station for

[fol 51] which the material is destined. When curves are ad-

visable to show the performance characteristics, they should also be

prepared and forwarded.

15. When the material or machinery conforms to the specifiea-

tion. the inspector will make immediate authorization of shipment.

I4. If the material or machinery offered for inspection differs

slightly from the specifications or is slightly defective, the inspector

will use his judgement to determine whether the material should be

accepted. The report to the Bureau. navy vard, or station originat-

ing the request should describe definitely the points at variance with

the specification.

Ab

, ww = OY eon

31

15. In instances where the material differs from the specifications

to such an extent as to require reference to the Bureau, navy yard, or

station originating the request for decision, it is requested that a

definite report be made with the greatest expedition possible in order

that the decision may be rendered without delay regarding the dis-

position to be made.

16. Where instructions have been issued to an inspector which re-

quire the inspection of part of the order at another point, the in-

spector will procure copics of that order for the portion and forward

them to the proper inspection district as noted in the list at the end

of these instructions. A copy of the order, together with the letter

or indorsement requesting such inspection, shall be sent to the Bureau

of Yards and Docks or to the navy yard or station as designated by

the origin of the request for inspection,

17. Unless definitely specified, as in Standard Specification for

Structural Steel Work, no chemical analyses, tensile or compressive

fests, need be made on material for the Bureau of Yards and Docks.

1S. When shipment is made, copies of the Shipping Report (Form

fol. 52] 101, Bureau of Steam Engineering) should be sent to the

Bureau of Yards and Docks, and also to the oflicer having cognizance

of the material at the point of delivery. The report shall bear the

inspecting officer’s certificate that the material conforms to all re-

quirements. In the ease of f. 0. b. shipments, a copy of the report

should be sent to the Bureau of Supplies and Accounts.

19. The following officers will make inspection of material c¢om-

ing under the cognizance of the Bureay of Yards and Docks:

Commandant, Naval Training Station, Great Lakes, North Chi-

eago, Hl. Inspector of Machinery, Bayonne, N. J. (for boilers only).

Naval Inspector of Engineering Material, Boston, Mass.; Brooklyn,

N. Y.; Hartford, Conn.: Pittsburgh, Pa.: Philadelphia, Pa.: South

Bethlehem, Pa.; Schenectady, N.Y.

Navy Department, Bureau of Yards and Docks, June 1, 1917.

\fol. 53] Bond

(This form to be used when the surety is a corporation )

Know all men by these presents, than we TH. E. Crook Co., Ine.,

a corporation of the State of Maryland, having an offiee and place of

business at No. 28 Light Street, Baltimore, Maryland, as prineipal,

and the United States Fidelity and Guaranty Company, a corpora-

tion created under the laws of the State of Maryland, as surety, are

held and firmly bound unto the United States of America in the just

and full sum of Twenty-one thousand five hundred eighty-three and

50/100 dollars ($21,583.50), lawful money of the United St -es, to

be paid to the United States: for which payment, well an— truly

32

to be made, we bind ourselves. our heirs, executors, administrators,

successors, and assigns, jointly and severally, firmly by these presents,

Sealed with our scals and dated this 14th day of August, A. D.

1917.

The condition of this obligation is such, That if the above-bounden

principal, H. i. Crook, Inc., shall well and truly perform and fulfill

its contract, dated August 14, 1917, entered into with the United

States, for furnishing, delivering and installing two heating systems,

one in the Foundry Building and one in the Machine Shop at the

Navy Yard, Norfolk, Virginia, conforming in all respeets to the

stipulations, covenants, and conditions of said contract, as it now ex-

ists or may be modified according to its terms, and shall promptly

make payments to all persons supplying them with labor and ma-

terials in the prosceution of the work provided for in the aforesaid

| fol. 54] contract, then this obligation to be void and of no effeet;

otherwise to remain in full foree and virtue.

H. E. Crook Co., Ine. Tloward E. Crook, President. (Seal. )

W. L. Handy, Sect. (Seal.) United States Fidelity and

Guaranty Co., Surety, by R. Howard Blank, Vice Presi-

dent. Attest: Wm. M. Pegram, Asst. Secretary. (Seal.)

Signed, sealed and delivered in the presence of 8S. Gordon Hopkins,

Frank H. Haines. (Seal.) Arthur P. Shanklin, Jr., Jno. ©.

Schlforst, as to surety.

Navy Department, Office of the Solicitor, August 21, 1917. Ap-

proved, Graham Egerton, Solicitor.

a. tes oo

fol. 55] IL. Gexerat Traverse—Filed Nov. 16, 1922

No demurrer, plea, answer, counterclaim, set-off, claim of dain-

ages, demand, or defense in the premises, having been entered on the § 1

part of the defendant. a general traverse is entered as provided by § p

Rule 34.

Ill. Hisrory or PRocKEDINGS

=

On February 7, 1924, the case was argued and submitted on

merits by Mr. Julian C. Hammack, for the plaintiff, and by Mr.

KE. C. Fletcher, for the defendant.

On Mareh 3, 1924, the court filed findings of faet and conclusion

of law dismissing the petition and entered judgment against the

plaintiff in the sum of $11.91, for printing the reeord, with an

opinion by Hay, J., from which Booth, J., dissented.

On March 17, 1924, the plaintiff filed a motion for a new trial.

On March 31, 1924. the court entered the following order:

“Tt is ordered by the court this 31st day of March, 1924, that the

plaintiff's motion for a new trial be and the same is overruled.

33

Memorandum

The findings of fact in this case followed the stipulation made by

the parties.”

On April 8, 1924, the plaintiff filed a motion for leave to file a

second motion for a new trial. Said motion for leave to file was

submitted in open court.

IV. OrpER oF Court WitnprRawn, Frxpincs anp Oprnton—Filed

April 28, 1924

It is ordered by the court this 28th day of April, 1924, that the

findings of fact and opinion heretofore filed in this cause be and the

same are withdrawn. New findings of fact and conclusion of law

dismissing petition are this day filed, with opinion by Judge Hay.

[fol. 56) Findings of Fact, Conclusion of Law, and Opinion by

Hay, J.—Entered April 28, 1924

This case having been submitted to the court upon stipulation

signed by the Assistant Attorney General, Robert H. Lovett, on be-

half of the United States and by the plaintiff's attorney on behalf

of the plaintiff, the court, upon said stipulation, makes the following

Findings of Fact

I

The plaintiff is a corporation of the State of Maryland, and has

its home office at Baltimore, Maryland, and on August 14, 1917. the

plaintiff entered into a contract in writing with the United States

whereby it agreed to furnish all labor and materials necessary to

install two heating systems, one in the foundry building, and one

in the machine-shop building in the navy yard, Norfolk, Virginia,

for which the plaintiff was to receive the sum of $71,945. The plain-

tiff under the terms of the contract agreed to complete the work

within 200 calendar days from the date that a copy of said contract

was delivered to it. A copy of said contract was delivered to the

plaintiff on August 31, 1917, and the date of completion of the con-

tract was accordingly March 19, 1918. A copy of the said contract

is attached to the petition marked “Exhibit A,” and is made a part

hereof by reference.

II

The contract provided that the Navy Department should furnish

outside hot-water flow and the return pipes in tunnel to building

5—498

a

lines. The Navy Department did not complete and furnish the pip-

ing to the building lines as it agreed to do until March 1, 1919,

and plaintiff was not able to make required connections until after

March 1, 1919, almost one year later than March 19, 1918, the date

on which the plaintiff under the contract was to complete the work,

lil

34

The foundry building and the machine-shop building were each

being erected by the Navy Department and were not erected within

| fol. 57] the time contemplated in the contract of the plaintiff. The

defendant did not permit the plaintiff to begin installation in the

foundry building until May 27, 1918, and in the machine-shop build-

ing until August 15, 1918, about four months after the date when

the work was to have been completed. The Government having

delayed the performance of the contract, through no fault of the

plaintiff, extended the contract time 387 days.

IV

The Navy Department did not sufficiently erect the foundry

building for the commencement of the work therein, and did not

permit the plaintiff to begin to work therein until May 27, 1918.

The defendant did not sufliciently erect the machine-shop building,

nor permit the plaintiff to begin the installation therein until

August 15, 1918; and did not complete and furnish the piping to

the building line until March 1, 1919, and plaintiff could not make

the connections and tests required until after March 1, 1919. During

the prosecution of the work wages increased, and the plaintiff paid

the sum of $6,439.86 in wages, which was in excess of the amount it

would have had to pay if its work had been begun on August 31,

1917, the date agreed upon for the commencement of the work.

On May 29, 1919, the plaintilf paid to the United States Fidelity

and Guaranty Company the sum of $719.45 as an additional premium

for the execution and delivery to defendant of a removal bond cover-

ing contract No. 2466 and for the faithful performance thereof.

Said premium accrued subsequent to the completion date of said con-

tract March 19, 1919, and by reason of the extra time required in

completing the instaliation of the heating system on April 10, 1919.

V

As a result of the aforesaid delays the plaintiff was not permitted

to start its work until long after the time agreed upon for its com-

pletion and was compelled to perform all the work and to complete

its contract at a time considerably later than agreed to by the terms

of the contract, at which later time workmen’s wages were increased

and the plaintiff was compelled to and did pay $6,489.86 for such

wages in excess of the amount it would have paid except for de

fendant’s aforesaid delays.

— ~

= EE ee a

35

The plaintiff completed the work required of it by said contract

2466 on December 8, 1919, and said work was accepted as satisfac-

tory by the Navy Department, and the plaintiff was paid the con-

tract price therefor, to wit, the sum of $71,945.

ConcLusion or LAw

Upon the foregoing findings of fact the court decides as a con-

clusion of law that the plaintiff is not entitled to recover and that

its petition be, and the same is hereby, dismissed. Judgment is

awarded against the plaintiff for the cost of printing the record in

this cause, which the clerk, after ascertaining the amount thereof,

will collect according to law.

[fol. 58 ] OPINION

Hay, Judge, delivered the opinion of the court:

This is a suit brought by the plaintiff against the United States

for the sum of $7,159.51, made up of two items, one of which is the

sum of $6,459.86, being the amount paid by the plaintiff for wages

which it alleges was in excess of what it would have paid had not the

Government delayed it in the completion of the work contracted for,

and the other is the sum of $719.45 additional premium paid on the

bond required by the contract and which it would not have been

compelled to pay had not the Government delayed it in the comple-

tion of its contract.

The plaintiff entered into a contract with the United States

whereby it agreed to furnish the labor and materials for the installa-

tion of two heating systems in certain buildings at the navy yard,

Norfolk, Va. The plaintiff agreed to complete the work within

200 calendar days from the date that a copy of the contract was

delivered to it. The contract was delivered to it on August 31, 1917,

and accordingly the date of completion was March 19, 1918.

The buildings in which the heating systems were to be installed

were being erected by the Navy Department. They were not ready

for the installation of the heating systems on August 31, 1917, and

owing to the delay of the Government the plaintiff was not able to

begin work on its contract until May 27, 1918, which date was more

than two months after the date fixed for the completion of the work.

The facts found in this case are taken from the stipulations of

the parties as to what the facts are. No evidence appears in the

record, and the court is therefore compelled, in arriving at its deci-

sion, to rely upon the facts as agreed to by the parties.

What contract work had been done, if any, before the date for

the completion of the contract does not appear. What quantities

of necessary materials had been purehased and delivered at the site

and when they were purchased and delivered does not appear.

What negotiations were centered into between the parties. when it

was found that the work could not be begun on the date fixed in the

contract, does not appear. What, if any, demand was made on the

—

defendant for additional compensation by reason of the increase

of wages, or when such a demand was made, if any, does not appear.

We draw no inference from the failure of the parties to include

these relevant facts in the stipulations, except that without them

the plaintiff must be held to have elected to go on with the work

under the terms of the contract.

The plaintiff on May 15, 1918, began work under the contract, and

continued its work under the contract until its completion, when the

work was accepted and the plaintiff was paid in full the contract

price for the work on December 8, 1919. At the same time it re-

served the right to sue for the items now claimed by it. It appears

that the plaintiff, notwithstanding the breach of the contract on

the part of the Government, went on with the work under the terms

of the contract without making any demand upon the defendant V

either as to increase of wages or as to The-additional premium on

the hond. The plaintiff by its conduct waived the breach and the

parties were in precisely the same position which they occupied when

the contract was entered into, the plaintiff still agreeing to perform

fol. 59] the work for the contract price of $71,945, which sum V

under the contract was to cover all expenses connected with the work.

The plantiff had the right, if it had chosen to exercise it, to re-

fuse to go on with the work, but when it elected to proceed with the V

work and took no steps to protect itself against any extra expense

which it might incur by reason of the delay of the Government, and

proceeded with the work under the contract, the parties stood in the

same relation to each other as they did when the contract was en-

tered into. The fact that wages increased during the progress of

the work, or after the work was begun by the plaintiff under the

contract, although the date of the commencement of the work had

been postponed by the Government, does not give the plaintiff the

right to add to the price of the work any more than would the

United States have the right to deduct from the contract price any

decrease in wages which might have taken place during the progress

of the work.

The facet that wages had inereased must have been within the

knowledge of the plaintiff when it elected to go on with the work /

under the contract. It then made no demand nor any endeavor to |

get the contract price of the work changed to meet altered condi- (

36

tions. Having waived the breach, it can not now be heard to ask

for a change in the contract which will impose upon one of the

parties the payment of an additional sum for the completion of the

work.

The same reasoning applies to the other item of the claim.

The petition must he dismissed. It is so ordered.

Downey, Judge; Booth, Judge; and Campbell, Chief Justice, con-

cur,

<___

-- ;

[fol. 60] VI. JupGMent or THE CouRT

At a Court of Claims held in the City of Washington on the

Twenty-eighth day of April, A. D., 1924, judgment was ordered to

be entered as follows:

The Court, upon due consideration of the premises, find- in favor

of the defendant, and do- order, adjudge and decree that the plain-

tiff, as aforesaid, is not entitled to recover and shall not have and

recover any sum in this action of and from the United States; and

that the petiti:n be and the same hereby is dismissed: And it is

further ordered and adjudged that the United States shall have and

recover of and from the plaintiff, as aforesaid, the sum of eleven

dollars and ninety-four cents ($11.94) for printing the record in

this court, to be collected by the Clerk, as provided by law.

By the Court.

VII. Puarntirr’s APPLICATION FOR APPEAL

Now comes the plaintiff, H. E. Crook Company, Inc., by its attor-

ney of record, Bynum FE. Hinton, on this 19th day of June, 1924,

and makes application for and gives notice of appeal to the Supreme

Court of the United States from the judgment rendered in the above

entitled cause on April 28, 1924.

Bynum FE. Hinton, Attorney for Plaintiff.

VIII. OrpeR or Court ALLOWING PLAINTIFF’s APPLICATION FOR

APPEAL

On this 23d day of June, 1924, it is ordered by the Court that the

plaintiff’s application for appeal be and the same is allowed.

|fol. 61] In Court or CLAIMs

[ Title omitted }

CLERK’s CERTIFICATE

I, F. C. Kleinschmidt, Assistant Clerk Court of Claims, certify

that the foregoing are trve transcripts of the pleadings in the above:

entitled cause; of the argument and submission of case; of the find-

ings of fact, conclusion of law and opinion of the Court by Hay,

J., of the judgment of the court; of the plaintiff's application for

appeal and of the order of the court allowing said application.

38

In testimony whereof I have hereunto set my hand and affixed

the seal of said Court at Washington City this Twenty-sixth day of

June, A. D., 1924.

F. C. Kleinschmidt, Assistant Clerk Court of Claims. (Seal

of Court of Claims. )

Endorsed on cover: File No. 30,463. Court of Claims. Term

No. 498. H. E. Crook Company, Inc., appellant, vs. The United

States. Filed July 2nd, 1924. File No. 30,463.

(4123)

TLS, FILED

a OCT 9 1925

ao ae aY

ee eae

IN THE |

Supreme Court of the Anited States

October Term, 1925.

No. 122.

H. E. Croox Company, Inc., Appellant,

v.

Tue Unitep States.

Bynum E. Hiyton,

Attorney for Appellant.

Of Counsel:

Juuian C. Hammack.

Press oF Bykon S. ADAMS, WaSHINGTON, D. O.

wy

BY

|

*

DECISIONS.

The principle of law involved in this case has been

established by many decisions, including those of this

Court and the Supreme Court of the United States

namely, that the government is liable for damages suf-

fered by delays which it has caused.

Stubbins vs. Exposition Co., 110 Ill. App. 210.

Nelson vs. Pickwick Co., 30 Ill. App. 333, 335.

Del Genovese vs. Third R. R. Co., 13 N. Y. App.

412, 422, 424.

Muller vs. The United States, 113 U. S. 153.

Kelly & Kelly vs. The United States, 31 Ct.

Clms. 361.

William Cramp & Sons vs. The United States,

41 Ct. Clms. 164, 193.

Jarrett Chambers Co. vs. U. S., 57 Ct. Clms.

615.

John W. Danforth Co. vs. The United States, 57

Ct. Clms. 622.

United States vs. Smith, 256 U. S. 11, 65 Law

Ed. 808.

Freund ve.U.s., 260 U.S. 60, 69.

There being no question as to the facts in fhe case,

and the decisions being very clear as to the right of

the plaintiff to recover, judgment in the full amount

actually expended by the plaintiff is requested.

Respectfully submitted,

Byxum E. Hinton.

IN THE

Supreme Court of the United States

Ocroser TERM, 1925.

No. 122.

H. E. Crook Company, Inc., Appellant,

v.

Tue Unirep States.

STATEMENT OF THE CASE.

This appeal is from a judgment of the Court of Claims

dismissing the plaintiff’s petition. The suit was for dam-

ages which plaintiff had suffered due to breach of contract

by the Government. The court below found as a fact that

the delay of the Government in furnishing certain build-

ings was a breach of the contract and resulted in an in-

creased cost to the plaintiff by reason thereof in the sum of

$7,159.31 (R. p. 34, Findings IV and V). Plaintiff was not

allowed to recover, however, as the court held as a con-

clusion of law that by proceeding with the performance of

the work after the breach, it waived the breach.

The Court of Claims has allowed recoveries in numer-

ous prior cases on authority of decisions of this court, in in-

stances where a contractor has incurred increased cost due

to delays caused by the Government. In fact, this same

plaintiff was allowed such recovery on another contract,

2

suit for which was filed simultaneously with the suit cover-

ing the contract involved in this case. These two cases of

plaintiff were argued together and judgment was rendered

on the same date. (R. p. 32). See also Crook v. U. S., 59

Ct. Cl. 348.

The distinction made by the court between the case at bar

and the other cases in which recoveries were allowed was

that by starting the work after the time provided for the

completion of the contract, although the delays were admit-

tedly due to the Government, the contractor in law waived

the damages caused thereby. The facts in the instant case

were that plaintiff’s contract required completion by it on

March 19, 1918; that due to the delays of the Government

in furnishing the buildings in which plaintiff’s work was

to be performed, plaintiff was not permitted to begin work

until May 27, 1918, or about two months after the date fixed

for the completion of the work. (R. p. 34, Finding IV, 35.)

The plaintiff was required to and did expend, by reason

of the aforesaid delays, $6,439.86 additional for wages and

$719.45 additional for bond premium; or a total of $7,159.31

in excess of the amount plaintiff would have expended for

said items except for the aforesaid delays. (R. p. 34, Find-

ings IV and V.) Notwithstanding such facts, the court be-

low refused judgment. In this connection, the court said

(R. p. 36):

‘«The plaintiff had the right, if it had chosen to exer-

cise it, to refuse to go on with the work, but when it

elected to proceed with the work and took no steps to

protect itself against any extra expense which it might

incur by reason of the delay of the Government, and

proceeded with the work under the contract, the parties

stood in the same relation to each other as they did

when the contract was entered into.’’

The court does not find any facts indicating that the

plaintiff released the Government from liability for the

items in suit; nor do the findings indicate any new contract

3

or agreement between the parties at the time work was be-

gun on May 27, 1918. There were no such facts present in

the dealings between these parties. The mere proceeding

with the work was impliedly held as a waiver by the plain-

tiff of the otherwise collectible damages for the Govern-

ment’s breach.

The sole question on this appeal is, therefore, whether

the admitted breach has, in law, been waived by the plain-

tiff.

AUTHORITIES.

The opinion of the court below does not refer to any au-

thorities justifying the conclusion that proceeding with the

work amounted, in law, to a waiver. An examination of

authorities on the subject shows that the law is directly con-

trary to the holding of the court below.

GOVERNMENT’S BREACH NOT WAIVED BY CON-

TRACTOR PROCEEDING WITH THE WORK.

In Stubbins Co. v. World’s Columbian Exposition Co.,

110 Ill. App. 210, the contractor was delayed in that none

of the buildings were ready for his work so that the same

might be completed within the time specified, and wages

advanced so that the cost of the work was thereby in-

creased. In considering the allowance of the company’s

claim for damages, in spite of the fact that the work was

later prosecuted and completed, the court at page 220 said:

‘‘The propriety of an allowance for claims for dam-

ages for such delay when supported by the evidence,

has been recognized * * * and the contractor was not

obliged to abandon the work and sue for damages but

had a right to proceed to complete it and then claim

damages.’’

In Tobey v. Price, 75 Ill. 645, plaintiff had contracted to

furnish defendant with brick work on a building. This

could not be done until certain stone and iron work which

—

4

was to be done by the defendant had been completed. The de-

fendant delayed in doing this to the plaintiff’s damage, who

completed the work and brought suit for the damages oc-

casioned by the delay. The defense was urged that the

plaintiff should have abandoned the work, but, electing to

complete, could claim no more than the contract price. The

court, however, held (page 647) :

‘*We know of no authority for such a position. Appel-

lees could have abandoned the work and brought their

action for damages, but their right to proceed with the

work to completion and then claim damages cannot be

seriously questioned.’’

In Garfield etc. Co. v. Fitchburg R. R., 166 Mass. 119,

certain delays of the defendant in discharging vessels within

a reasonable time were the subject of a claim for damages,

and the court, speaking through Mr. Justice Holmes (page

122) said:

“It is suggested that the plaintiff waived its rights

by allowing its vessels to be discharged at a later time.

No doubt cases occur in which parties going on with

the contract after the time stipulated for performance

show by their acts that they have modified the contract

and enlarged the time.

‘*But a contractor, by taking what he can get under

his contract, when he can get it, no more necessarily

and as a matter of law waives a claim for damages for

failure to perform on time than he nec essarily waives

a defect of quality by accepting goods.’’ (Italics ours.)

Again, this same question was before the court in Star-

bird v. Barrons, 38 N. Y. 230. The lower court having held

that the performance after breach was a waiver of the

damage, the plaintiff appealed, and the appellate court

(page 237) said:

‘‘Beyond all doubt the plaintiff was at liberty, on

the failure of the defendants to perform the engage-

—

4)

ment on which he depended, to rescind the contract,

and claim at least such damages as are indicated in the

opinion of the court; but whether, under such a state

of things, that would be the entire measure of dam-

ages may well be questioned. But, I do not under-

stand that a party is not at liberty, if he thinks he

sees a fair prospect, or, indeed, but a reasonable hope

that he may still perform, notwithstanding the default

of the other party,—to go on and complete his engage-

ment and earn the compensation to which in that event

he will be entitled; and if he ultimately fails to accom-

plish the result, that he cannot claim all the damages

and repair the losses he has suffered by the de-

faults of the other party. While a party thus situated

is at liberty to rescind a contract, he is not obliged to

do this, when it is not probable that a rescission will

afford him a remedy adequate to the damages he has

sustained.’’

This same question of whether a breach of the contract

was waived by performance was also before the court in

El Paso & Southwestern R. R. Co. v. Eichel & Weikel, 130

S. W. 922, the court stating, at page 940:

‘‘When the obligation of performance by one party

presupposes the doing of some act by the other party

thereto, the neglect or refusal to perform such act not

only dispenses with the obligation of performance by

the other, but also entitles him to rescind, or, when

rescission wul not afford him an adequate remedy, to

continue the work and recover such damages as the

delinquency has occasioned.’’ (Italies ours.)

A rather recent case, with facts on all fours with the

facts in the instant case, is found in the decision in Belmar

Contracting Co. v. State of New York, 194 App. Div. (N. Y.)

69. The contractor in this ease had entered into a contract

to perform certain roaa work for the Highway Commis-

sion of the state. The commission delayed the contractor

in starting the work, and when the Commission finally

allowed the contractor to proceed, it was considered too late

in the season and the contractor waited until the spring of

—

6_

the following year and then started and completed the con-

tract and sued in the Court of Claims of the state for the

increased cost by reason of the aforesaid delays.

The Court of Claims, as in the case at bar, found that the

delays had been incurred by the defendant, and that the

plaintiff had suffered some $10,716.05 increase in costs by

reason of these delays. The Court of Claims dismissed the

petition on the theory of waiver and the plaintiff appealed.

On appeal, the only question before the court was whether

the claimant had in any way waived or released a right of

action to recover the damages for delays.

The Court at page 76, said:

“Tt is true that claimant, by commencing a perform-

ance in the spring of 1916, waived the breach of con-

tract committed by the State in the fall of 1915 to the

extent that the breach would have justified its own

abandonment of the coutract and a suit for lost profits

to be gained from timely performance. Jt did not,

however, waive the breach in the sense that it could no

longer sue to recover damages thereby. It is settled

law that a contractor who is delayed in commencing

work may nevertheless undertake it; that he may com-

plete within a period determined by the contract plus

the time of delay; that he may then sue for damages

oceasioned by the original delay. * * * Any argument

made to the contrary is based upon a failure to note

that, although conditions may be waived, promises must

either be satisfied by performance or extinguished by

payment or a seal importing payment.’’ (Italics ours.)

It is interesting to note in Belmar Contracting Co., supra

that the evidence showed that in a certain conversation be-

tween the president of the company and the engineer of the

Highway Commission, the president stated his notice to

begin work had come too late to start the work at that time

of the year. The engineer apparently coincided with the

company’s president in concluding it would be better to

wait until spring. The situation was left just that way.

The defense was made that such circumstances and conduct

7

were tantamount to a new agreement for work at the later

time and was, in law, a waiver of any liability for the delays.

The court, however, commenting on this phase of the matter,

at page 77 said:

‘In the conversation between the president of the

claimant and the division engineer no new promises

were entered into, no new consideration was given or

promised and no alteration of the existing contract

was made. The claimant was not released thereby

from any obligation to construct the highway. Having

already been released, therefore, by operation of law,

accordingly as it might elect, it did not then enter into

any new engagement for its future construction. On

the other hand, the division engineer did not extend

the claimant’s time for performance otherwise than it

had already been extended by operation of the law.

There was, therefore, no new contract made which

modified the old, Consequently the previously broken

obligation of the State not to delay claimant was upon

that occasion neither released nor satisfied, and the

cause of action which had accrued to claimant continued

to be enforceable.’’ (Italies ours.)

The judgment of the Court of Claims was reversed and

found in favor of the plaintiff for the amount of excess cost

incurred by the plaintiff by reason of the defendant’s de-

lays.

In the case at bar, the findings do not indicate any con-

versation or correspondence or agreement of any kind what-

soever indicating that the plaintiff agreed to release the

defendant from these damages incurred by reason of its

breach. There never was any such agreement, and the

court below is clearly in error in concluding that merely by

proceeding with the work after the breach, the plaintiff by

such conduct waived its right to these damages.

Again in Beskin vs. State, 195 N. Y. S. 951, the Court of

Claims of the State awarded damages for breach of con-

tract giving claimant the increase cost of labor and ma-

terials caused by the State’s delay, regardless of claimant’s

Ke

#

N

a

‘

*

ia

SET Malas oars EB nk es et ee end Seite de

8

performance after the breach, without notice of its inten-

tion to claim damages. The Court said in this connection

(p. 953) :

‘*Where the failure of a contractor to complete the

work by the time set is due to a default of the owner,

the contractor may, without notice, complete the work

and recover the additional expense made necessary by

the delay.’’ (Italics ours.)

Accordingly, therefore, the appellant herein is entitled

to receive the sum of $7,159.31, as found by the court below

to be the sum which appellant was caused to expend in ex-

cess of the amount that it would have otherwise expended

for said items except for the defendant’s delays.

Respectfully submitted,

Bynum E. Hinton,

Attorney for Appellant.

Of Counsel:

Juuian C. Hammack.