Transcript of Record — Union Insulting & Construction Co. v. United States

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"SUPREME COURT oF THE UNITED STATES

OCTOBER TERM, 1925

No. 263,

UNION INSULATING & CONSTRUCTION COMPANY,

APPELLANT,

vs.

THE UNITED STATES

APPEAL FROM THE COURT OF CLAIMS

FILED JANUARY 30, 1925

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(30,840)

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1925

No. 263

UNION INSULATING & CONSTRUCTION COMPANY.

APPELLANT,

v8.

THE UNITED STATES

APPEAL FROM THE COURT OF CLAIMS

39

INDEX

Original Print

Record from Court of Claims.........................-.... 1

WL nhs nna sn nsninansaohecavau cuca: ; 1

Exhibit A—Coutract between Ora Bundy and Union

Insulating Company, May 28, 1920........ Serr ere 17

Exhibit B—Bill of material......................... 27

paises iat ctpeencc PEO Eater Es 67

Argument and submission of case....................... 67

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Conclusion of law.. SEE FO pee iz

RN IN Ws Snioicied d Fas aces god aes 7

MI ioe ho vac ene eee en 76

Proceedings after entry of judgment........ He shoe 8 76

Plaintiff’s application for oe iy a ae the Date 77

Order of court allowing plaintiff's application for appeal... 7

Clerk’s certificate....... aap ea ee te AE OP eee ms 78

Jupp & Detweiter (INc.), PRINTERS Wasuinctox, D. C., Jury 9. 1925

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|fol. 1] IN COURT OF CLAIMS OF THE UNITED STATES

B02

Union Insutarineg & Coxsreverion Company, Petitioner,

vs.

UNITED States or America, Respondent

I. Petition or tHe Usion Ixsenatixa & Consrreetion Company

ror JupGMENT ok ALLowANcE Upox Chas ARristne UNDER

Contract, Datrep May 28, 1920. bor Coxsrreetion Work at

US. Nirrare Praxr No. 2. Meseie Soars, ALABAMA—Filed

May 6, 1922.

The petitioner, Union Insulating & Construetion Company, a

corporation, by Haight, Adeock. Haight & Harris. its attorneys,

brings this, its petition, against the United States of America. and

thereupon shows and charges the following:

1. The petitioner is a corporation, organized and existing under

the laws of the State of IHineis and has its prineipal place of busi-

ness at No. 20 West Jackson boulevard, City of Chicago, Mlinois.

Your petitioner, at the time of the making of the contract herein-

after mentioned, was known as, and its name was Union Insulating

Company. ‘Thereafter, and pursnant to the Statutes of the State

[fol. 2] of Mlinois in sueh case made and provided, the petitioner

changed its name to Union fnsulating & Construction Company.

2. On or about May 28, 1920, the petitioner, herein sometimes

called “Contractor,” made and entered into a contract with the

United States of America, through Ora jundy, Major, Quarter-

tnaster Corps, United States Army. A copy of said contract is

hereto attached and made a part of this petition, being marked

Exhibit “A.” As a part of said contract there were eertain writ-

fen specifications, and a copy of said specifications is alse attached

and marked Exhibit “B.”

%. The contract provided that the petitioner should. en or before

the 10th of December, 1920, furnish all labor. ash skip hoists, ce-

ment, 20°x80 T Beams. and necessary connections required to

construct and finish, complete, all work as listed under Clause “B”

of “Deseription of Work.” in accordance with specifications dated

April 14, 1920, and the drawings relating to said work. The United

States was to furnish, at their location on the reservations, at U.S.

Nitrate Plant No. 2. all other constrnetion materials. The contrae-

tor was to perform all the nevessary labor required in transporting

such materials to the proper place for use in construction. The

United States at all times was to furnish the necessary right-of-way

1—263

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for ingress and egress to the place of their storage of such materials

and the place of ultimate use in construction.

It was further provided that the United States should furnish

to the contractor, for the purpose of transporting materials and

performing the necessary construction work, such tools and equip-

ment, including locomotives, flat cars, dump cars, hoisting engines,

locomotive cranes, steam shovels, concrete mixers, air compressors,

{fol. 3] automobile trucks, clam-shell buckets, ete., that was the

, property of the United States and available at said U. 8S. Nitrate

Plant No. 2. and in such quantities as in the discretion of the Con-

structing Quartermaster was reasonably necessary for such use in

construction, and as could be reasonably furnished by the United

' States without material detriment or inconvenience to the United

States.

The contractor was to assume all responsibility for placing such

equipment in first class working condition and the proper care

and maintenance of such equipment from the time it was turned

i over to it by the Constructing Quartermaster, and the contractor

: agreed to return to the Constructing Quartermaster each piece of

equipment promptly after said equipment had served its purpose

for construction purposes, and in as good condition as when turned

over to the contractor, with the exception of reasonable wear and

; tear of construction work during its period of use.

fe The contract was drawn on Government regular printed form,

and the printed portions of the contract are the usual printed pro-

visions, all of which appears by the copy of the contract hereto

attached.

fate mers Delage:

4. Under the heading “Deseription of Work” in the Specifiea-

tions, it was provided that the work should consist of furnishing

all Jabor and all materials, except that listed in the schedule of

materials furnished by the Government, contained on other pages

of the specifications. In general, the work specified under this

heading was installation of ash skip hoists; removal of trestle and

track: filling and grading; relaying track incidental thereto at the

River Power House; raising stone and coke delivery tracks ten feet

above their then elevation; constructing a permanent dumping

trestle of steel and reinforced concrete, together with the necessary

{fol. 4] fill on trestle approaches; temporary timber trestle under

that portion of the track between the outside dumping pits; in-

creasing the height of the four stone dumping pits, two coke hop-

pers and stone bin: constructing new tracks in the coal storage

yard, and all necessary grading.

It was further provided that all material furnished by the Gov-

ernment would be delivered F. O. B. cars, trueks or wagons on

reservation, or in storage thereat, and that the contractor should

do the necessary hauling to site of work.

The specifications further provided that all material obtained

from existing work should, if same was, in the opinion of the Con-

structing Officer, sound and of suitable character, be used in the

proposed work: but such salvaged material, and all other material

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furnished by the Government should be adapted to the require-

ments of the work by the contractor; that the tumber work should

generally consist, and the contractor should use, im the new con-

struction, timber available from elevated structures, and existing

tracks to be removed for tresties—temporary and permanent; rail-

way stringers and ties; walks; batter boards and platform—coal

trestle; removing and resetting canopies over coke and stone hop-

pers, providing missing parts; that all permanent and temporary

uesties should be constructed us shown on drawings.

5. The work was completed and last payments made therefor

in April, May, June ana July, in the year l2l. Lhe time ot

completion or the work was extended from time to time until the

actual completion date. ‘Phe clans herem made were presented

to the Constructing Quartermaster at Muscle Shoals in April, 1921,

prior to the date o1 completion and last payments, and were pend-

ing and undetermuned at the time the payments were made, and

[fol. 5) said payments were made subject to the claims thus made.

6. The claims herein presented consist of damages for delays

caused by the Governmmet im the construction of the work; cost

of repaimimg tracks, which the Government agreed, under its con-

tract, to furmish for the delivery of materials, extra cost of ce nent

due to delays of the Government in providing tor the commence-

inent of the work; cost of obtaming coal, which the Government

agreed to furnish under its contract; cost of using old materials in

construcung trestle work and other timber work, which was not

suitable for the construction of the trestle work, according to plans;

and charges made against the contractor for materials that went

into construction, which the Government later claimed should be

returned; and other small items. ‘The facts with reference to each

clauu, and the amount of same are set forth as follows: ‘

A

Claim for Damages Resulting From Defective Condition of Tracks

and Right-of-way on Government Reservation at Muscle Shoals,

for the Transportation of Materials From the Place of Storage

to the Place of Ultimate Use in Construction, $5,059.65

The contract, above mentioned, provided that the Government

should at all times furnish the necessary right-of-way for ingress

and egress to the place of then storage of raw materials and the

place of ultimate use in construction upon the Government reserva-

tion. The right-of-way furnished was railroad tracks thru_ the

Government reservation from the storage yards to the place where

the materials were to be used. These tracks were used by other

contractors than the petitioner. The Government failed to keep

{fol.6] the tracks in proper condition for the transportation of

materials, necessitating the expenditure, by your petitioner, of a

large amount of money in taking care of derailments, making re-

pairs to the right-of-way and to equipment used for such transpor-

4

tation. The railroad ties were rotted at various places, necessitatin

the replacing of old ties with new ties, the rails were loose anc

spread, requiring straightening of track, re-spiking rails and doing

various other things to keep the said track im proper repair. De-

railments occurred requiring an immense amount of labor to place

the cars back on the tracks and damage resulted to equipment, re-

ulring repairing to be done. At times during the progress of

the work the track crew, varying from twelve to fifteen men, was

employed by the contractor making necessury repairs to track, ete,

The contractor's daily work shects show occasions when cranes,

locomotives and cars were derailed, and from these work sheets

there appears the time spent by the crews in doing the work, above

mentioned. The sum of $1,603.49 was expended by the contractor

for labor in connection with derailments. 8705.50 was expended

for labor in repairing railway tracks. 8700.66 was peniel by

the contractor for labor in making repairs to equipment. which

was damaged by reason of the improper tracks. Total, $3,059.65,

[fol. 7 | B

Claim on account of extra labor expended in construction of wood

trestle, arising by virtue of change im plans, requiring 1 1-foot bents,

instead of 12-foot bents, as shown by drawings, in order to permit

the use of old materials which could not be made adaptable to the

plans accompanying the contract, S535600

Drawing No. 109, made a part of the contract, shows a temporary

wooden trestle of S6 bents. or 12 feet from center to center for each

bent. After the contract was made the Government changed its plans

for said temporary wood trestle, requiring the bents to be 11 feet,

center te center, instead of 12 feet, thus making necessary the con-

struction of 20 additional bents for said trestle. There was a large

amount of new lumber on said reservation at the time the said con-

tract was made, and the bidders were asked to plan on using this new

lumber, whieh was the only material that could be made adaptable

for the construction of said wood trestle with 12 foot bents, center to

center, as the said drawing provided. The old material in other

trestles, or on hand, could net be made adaptable or used for the con-

struction of the wood trestle according te plan No. L109, above men-

tioned, consisting of 12 foot bents. as stated. and the contractor, in

making his bid, estimated the construction upon the basis of the use

of the new lumber available therefor, In order to use old material,

which was not theretofore contemplated to be used, the Government

changed the plans, as aforesaid, for the construction of the wood

trestle and required the contractor to build the said trestle with 11

foot bents, center to center, and to use, in such construction, old ma-

teriols, In addition, the Government required 6 bents to be con-

structed in the temporary wooed trestle which was made necessary

[fol. 8] by virtue of the change of the plan in reference to the bridge

seats and north eress-wall on the first pit west of the Limekiln Build-

ing and the east bridge seat and north cross-wall on the south portion

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of the second pit west of the Limekiln Building. These 6 bents were

substituted for bridge seats or concrete wall omitted. The total

amount of lumber was 34,012 lumber feet, used in addition to the

lumber feet required to be used according to said drawing, No. 109.

The cost of handling this additional lumber, according to the con-

tractor’s cost sheets, was $55.00 per thousand, or $1,870.66. There

was 169,764 lumber feet of old lumber used in place of the new lum-

ber, which it was originally contemplated should be used and was

intended to be used at the time the contract was made. The extra

cost of handling this old lumber and working the same into the <aid

wooden trestle, over the cost of using new lumber, according to the

contractor's cost sheets, was $5,002.02. making a total of S6.06%.58,

to which is added an amount equal to 20 per cent of said sum to cover

liability insurance, overhead, and profit or $1,392.72, making a total

of SS 556.30.

c

Claim for Extra Cost of Cement Furnished by the Contractor by

Reason of Delay in Execution of said Contract, $4,419.45

At the time bids were invited the contractor, obtained fron the

Builders Supply Company, quotations for Portland cement required

in the construction work under said contract. the quotation bemg as

of May 3, 1920.) This quotation remained open to the contractor

for a long time after it was made, but by reason of the failure of the

fol. 9] Government to award said contreet and sign same for an

unreasonable time after the bids were submitted, the said quotation

of said Builders Supply Company was withdrawn and the price of

cement was increased so that, for the cement used in said construction

work under said contract, the contractor was compelled to pay there-

for the sum of SIO S7O.23, or 83.08 per barrel. insiead of $10,950.80,

or $2.80 per barrel, which it would only have been compelled to pay,

had it obtained the cement according te said quotation of May 3,

1920. The difference is $4419.45, which is the amount of the peti-

tioner’s claim under this item.

D

Claim for Coal Purehased bv the Contractor and Used in the Con-

struction Work unde: said Contract, which Coal the United States

was Bound to Furnish Thereunder, 87,870.67

The contract provides that the contractor shall furnish all labor.

ash skip hoists, cement, 20°80 T Beams and necessary connections

required to complete the work under said contract, and that the Gov-

ernment shall furnish all other construction materials. At the tume

the bids were invited and the said contract was signed. and during

the course of the construction work under said contract. there was on

hand. at said Government reservation at Muscle Shoals, a large

amount of coal whieh could be used and was available for use in the

construction provided for under said contract. The contractor made

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demand upon the officers in charge of said Government reservation

for the coal required, but said officers refused to permit the contractor

to use same, and the contractor was compelled, in order to carry on

its work under said contract, and in order to construct the various

things provided for thereunder, to purchase coal in the open market.

[fol. 10} It then purchased 820.401 tons of coal, which it used in

said construction work, and paid therefor the sum of $7,870.67.

E

Claim for Materials Charged by the Government Against the Con-

tractor, $1,493.68

The contract provided that various materials on the reservation

should be used by the contractor in, the construction work, and the

contract further provided that equipment, tools, etc., available, should

be loaned by the Government to the contractor, to be used in steh

construction work. As soon as the contractor began its work under

said contract it was the custom of the Constructing Quartermaster to

turn materials, tools, equipment and other things over to the contrae-

tor. Thus, materials which were to go into the construction or to

be used for repairing machinery, were issued as “Property Transfer,”

and tools, equipment and other materials that were merely loaned

(to be returned) were issued as “Property Loan.” The claim here

involved represents certain materials which had been turned over to

the contractor as property transfer, and whieh were afterwards, and

at the end of the work, changed and designated as “Property Loan.”

Whether the said materials were on property loan or on property

transfer, nevertheless they were all returned with equipment to the

United States when the work was completed. All of said materials,

except some small portions that went into the work itself were used

as part of the equipment and were installed in the equipment itself,

but inasmuch as it was issued on property transfer and was installed

in the equipment no record of same was kept by the contractor as

nutterials to be returned, but nevertheless, as said materials became

[fol. 11] a part of the equipment that was loaned, the materials,

when the equipment was returned, were in the equipment and thus

returned to the United States, so the contractor should have credit,

or claim against the United States for the amount charged by the

Government against the contractor for this material —$1,493.68.

F

Claim for Delay in Permitting Contractor to Start Work After Its

Foree Had Arrived at said Reservation, $600.00

The contract required the contractor to start work not later than

June 10, 1920 and, accordingly, on said date, its superintendents,

engineers, time keeper, master mechanics, stenographers, clerks and

other help arrived at the site of said work ready to proceed with the

construction operations. The Government officers however, refused

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and failed to provide the necessary checkers of materials, or to desig-

nate where materials could be obtained, and this delay extended for

a period of five days, causing damage to the contractor of $120 per

day, or $600—the actual amount it expended for the salaries and

services of the persons in its employ who were kept waiting this

length of time.

7

G

Damages Due to Delay Because Government Ordered Contractor to

Cease Work Until Certain Changes Could be Made in Plans, $1,-

500.00

At the said U.S. Nitrate Plant No. 2, and on the Government

reservation there is located three easterly and westerly railroad tracks.

Paralleling these three tracks there was located a track leading to

the raw material storage yard on said reservation. This track eut

| fol. 12] into and connected with the ladder track near the power

transmission tunnel leading to the electric switch house, known as

Buss tunnel. In making the fill west of the western-most stone pit,

beeause of the elevation, the said track would, at its approach to the

group of three tracks, be covered. In order to prevent this and pro-

vide a connection with the ladder track the Constructing Quarter-

master ordered the contractor to cease its operation upon the three

easterly and westerly tracks until the Government could determine

what should be done relative to the connection between said three

tracks and said single parallel track. The work was stopped by the

Constructing Quartermaster upon the 19th of August, 1920, and at

his request, on August 20, 1920, an estimate was given for the track

change, and this work remained in cessation until September 7, 1920,

when the Constructing Quartermaster directed the contractor to pro-

ceed upon the new plan. The actual delay in completion of the

work, by virtue of this order to cease work, was five days. The con-

tractors overhead expense, consisting of superintendents’, engineers,’

| time keeper's, stenographers’, accountants,’ clerks’ and foremen’s

| salaries, was $310 per day, or $1,550 for the entire period of actual

delay.

H

Claim for Delay Due to Government’s Improper Calculation of

Amount of Conerete for Coke Hoppers and Damages Resulting

Therefrom, $1,550.00

According to the Government's statement of quantity of concrete

required for coke hoppers, as shown by its drawings, the amount of

concrete for each hopper was shown to be 80 cubic yards. It appeared

that there was an additional amount of concrete for the two hoppers

|fol. 13] equaling 56.6 cubie yards, Consequently the Constructing

Quartermaster directed the contractor to cease work until an estimate

of cost could be made and approved for this additional yardage of

conerete. The estimate was immediately made, but was not approved

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until November 11, 1920—a period of approximately thirty days

from the date the work was directed to be stopped, namely : October

12,1920. This eaused 2 delay in completion of the work of five days

due to necessity of changing to other work than the work on the

hoppers, and, after the estimate was approved, returning thereto.

The damage to the contractor was the overhead it was compelled to

carry during this five-day period, consisting of Superintendents’,

Engineers’, clerks,’ stenographers’ and other salaries at $310 per

day, or $1,550.

I

Claim for Delay and Damages Resulting Therefrom in Connection

with the Change in the Plans for Making Earth Fill for Railroad

Tracks at the River Power-house, $1,798.00

The contract required the contractor to make an earth fill for the

railroad tracks at the river power house west of the ravine and the

amount of work was described on the plan and in the specifications.

In order to make this fill for the tracks it was necessary to use a

large quantity of material, in addition to that shown on the plan and

in the specifications. The Constructing Quartermaster required the

contractor to prepare a plat and profile plan showing the tracks and

earth supporting same in its original condition, and also a profile

showing the track at its new elevation, with the proper cross-sections

figured out, to determine the amount of yardage necessary. This

drawing was prepared and submitted to the Constructing Quarter-

[fol. 14] master and said ofticer determined to adopt the plan pre-

pared by the contractor and the contractor was directed by the Con-

structing Quartermaster to prepare an estimate showing the additional

money required to make the fill, and also showing the yardage

necessary In excess of that described in the original plans and speciti-

cations. Upon the contractor’s submitting the estimates of money

and vardage mentioned, the Constructing Quartermaster directed that

further work in connection with the fill and upon the tracks cease

until said Constructing Quartermaster notified the eontractor to pro-

ceed with the work. The delays, by reason of this change in plan,

extended from October 28, 1920 to November 26, 1920—a period of

2 days. There was an etlieiency loss, due to the change in the

arrangement of the work, made necessary by the Constructing

Quartermaster’s orders. The overhead cost to the contractor for super-

intendents, engineers, stenographers, clerks, foremen and other help

Was approximately $310 per day. The loss in efficieney was at least

twenty per cent (20°) ) and damage to the contractor during that

29 days, due to the causes above mentioned was $1,798.

7. Petitioner asks that the United States of America be notified

of the filing of this petition in the manner prescribed by the Aets of

Congress and the rules of this Court, and that answer be filed within

the time prescribed by the rules of court and the acts of Congress,

and that each of the claims hereinbefore, in this petition described,

Sa RAS Stat AE INR BPE Ae al FI SEN Mah PE OSES EAN ‘oe Ps, Bae ay

be allowed as claims against and obligations of the United States of

America and that the petitioner have judgment against the United

States of America, to be paid as the law requires, for -he total amount

of said claims, to wit: $30. 97.73.

fol. 15] And your petitioner asks that it may have such other and

further relief to which it may be entitled.

And your petitioner will ever pray, ete.

Union Insulating & Construction Company, by S. E. Me-

Partlin, President. J. H. Bracken. Secretary

Sworn to by J. HW. Bracken. Jurat omitted in printing.

[fol. 16] Union Insulating & Construction Company, the peti-

tioner named in the foregoing petition, does hereby authorize and

empower Haight, Adcock, Haight & Harris to represent it in con-

nection with its claim, or clainis against the United States of

America, set forth in said petition, and to file said petition in the

Court of Claims of the United States, and to take whatever action

said attorneys may consider necessary and proper in the prosecution

of the claim or claims set forth in said petition,

Dated this 28th day of April A.D. 1922.

Union Insulating & Construction Company, by S. E. Me-

Partlin, President. J. TH. Bracken. Secretary.

[ fol. 17] Exursir A ovo Peririox

Contract for Construction and Repair of Public Works, Including

“essels

Between Ora Bundy, Major, Quartermaster Corps, U.S. Army,

and Union Insulating Company (Chicago, Tl.) for Construction

Work at U.S. Nitrate Plant No. 2. Muscle Shoals, Ala. A of F

“C2” Date of Contract May 28, 1920. Appropriation and Amount

$229.000.00 no vear. Work to be Begun by June 10,1920. Work

to be Completed December 10, 1920. Sureties Aetna Bonding Co,

of Hartford, Coun. Penalty of Bond, $114,500.00

These articles of agreement, entered into this 28th day of May,

1920, between Ora Bundy, Major, Quartermaster Corps. United

States Army, for and in behalf of the United States of America,

of the first part, and! Union Insulating Company (a corporation

existing under the laws of the State of Mlinois), of Chieago in

the County of Cook, and State of Iineis, (hereinafter designated

as contractor), of the second part, Witness:

That the said parties do hereby mutually covenant and agree

to and with each other—referring to any circular to bidders, draw-

ings or plans, specifications, memoranda. catalogues, cuts, ete.. at-

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tached or pertaining hereto, and which, so far as they are applica-

ble, form a part of this contract—as follows:

1. That the contractor shall furnish the materials and services

for the construction work specified below, at the place or places

[fol 1S] indicated therefor, commencing on or before the 10th

day of June, 1920, carrying the work forward with reasonable

dispatch and completing the same? on or before 10th day of

December, 1920, all in the manner and at the rates or prices (unit

prices or total sum, or both, and in accordance with Article 6 hereof),

as follows: AI] labor, ash skip hoists, cement, 20’ x S0# | Beams

and necessary connections required to construct and finish com-

plete all work as listed under clause “B" of “Description of Work”

all in accordance with the specifications dated April 14, 1920, and

the drawings numbered LO1-107 inelusive and 109-117) inclusive

accompanying same. The U.S. of America to furnish at it present

location on the reservation at U.S. Nitrate Plant No. 2, all other

construction materials, the Contraetor to perform all necessary

labor required in transporting such materials to the proper place

for use in construction, the U.S. of America at all times to furnish

the necessary right of way for ingress and egress to the place of

present storage of such materials and the place of ultimate use in

construction,

The United States Government further agrees to furnish to the

Contractor for the purpose of transporting materials and perform-

ing the necessary construction work, such tools and equipment in-

eluding locomotives, flat cars, dump cars, hoisting engines, loco-

motive cranes, steam shovels, concrete mixers, air compressors, auto-

mobile trucks, clam-shell buckets, ete., as are now the property

of the United States Government and available at U. S. Nitrate

Plant No. 2. and in such quantities as in the discretion of the

Constructing Quartermaster, inav be reasonably necessary for

such use in construction and further may be reasonably furnished

by the United States Government without material detriment. or

inconvenience to the United States Government.

[fol 19] The Contractor to accept such equipment as is and to

assume all responsibility for placing such equipment in first. class

working condition and the proper care and maintenance of such

equipment from the time it is turned over to him by the Con-

structing Quartermaster,

Further that the Contractor shall return to the Construe-ing

Quartermaster, each piece of equipment promptly after said equip-

ment shall have served its purpose to the Contractor for eonstrue-

tion purposes, and in as good condition as when turned over to the

Contractor with the exception. of reasonable wear and tear of con-

struction work during its period of use.

It is further agreed hy and between the U.S. Government and

the Contractor that such machine shop facilities as are available

at the plant will be furnished the Contractor by the U. S. Govern-

ment for repairing and maintaining all Government owned equip-

ment.

PR HSIEH OES I SHARC RO Sn

11

On completion of the entire contract, all such equipment above

mentioned, as has not previously been returned shall be at that

time returned to the Constructing Quartermaster by the Contrae-

tor and a certificate of clearance showing that all equipment has

heen properly returned, shall be secured by the Contractor from the

‘onstructing Quartermaster, before final payment shall be received

hy the Contractor.

It is further understood and azreed by and between the U. &.

Government and the Contractor, that such facilities for office room.

as may he required for the administrative forces of the Contractor.

shall be furnished by the U.S. Government free of charge: also

that such quarters and housing facilities for the Contractors’ forces

as are available within the diseretion of the Commanding Ofticer

at U.S. Nitrate Plant No. 2. may be turned to the Contractor and

[fol. 20] his forees on such terms and according to such rules and

regulations as the Commanding Officer of the post may dictate.

Ht is further understood by and between the United States of

g

7

¥

‘

%

Ma

4

E

¢

of

é

ry

; 3

é

&

+

f&

t

America and the Contractor that both ash bunkers to be installed ;

under this contract shall be of a evlindrical type.

2. That no laborer or mechanic emploved by the contractor or Fa

any subeontractor on the work herein specified shall be required =

or permitted to work thereon mere than eight hours in anv one ;

calendar day except in. ease of extraordinary emergency. (Act

of August 1. 1892. as amended by Act of Mareh 3. 19123.)

3. That no laborer or mechanie doing any part of the work ;

contemplated by this contraet., in the employ of the contractor. or

any subcontractor contracting for any part of said work contem- P

plated, shall be required or permitted to work more than eight &

hours in any one calendar day Upon such work: and it is hereby be

stipulated that for each violation of this provision a penalty of a

five dollars ($5.00) shall be imposed for each laborer or mechanic i

for every calendar day in which he shall be required or permitted ss

fo labor for more than eight hours upon said work: and the amount

of the penalties imposed according to this stipulation shall be with-

held for the use and benefit of the United States from any moneys

due or to become due under this contract, whether the violation a

of the provision is by the contractor or by any subcontractor: S

Provided. That no penalties shall he imposed for any violation of 2

this provision due to any extraordinary events or conditions of mann. 4

facture, or to any emergency caused by fire. famine. or flood. hy 5

danger to life or property, or by other extraordinary event or eond)- ~

tion on account of which the President. shall subsequently declare :

the violation to have been exeusable: And provided further, That t

fol. 21] the President, by Executive Order may waive the provi- 5

sions and stipulations of this article of the contract during time of

war, ora time when war is imminent, On all questions arising

under this article the finding of the contracting officer, when an-

proved by the Quartermaster General of the Army, shall be final,

subject to an appeal to the Secretary of War within six months

4

EY 2g Re SPRL GIP STI I BG ERIN SF Me A a CAE ARES FLED LEO LIE ATO

12

thereafter, and to the right of the contractor within six months

after decision by the Secretary of War to file a claim in the Court

of Claims, as authorized by the Act of June 19, 1912.

4. That in the performance of this contract the said contractor

shall not, directly or indirectly, employ any person undergoing

sentence of imprisonment at hard labor which may have been im-

posed by a court of any State, Territory, or municipality having

criminal jurisdiction, nor permit such employment by any person

furnishing laber or materials to such contractor in fulfillment of

this contract.

5. That the contractor shall hold and save the United States, and

all officers and agents thereof, harmless from and against all demands

of any nature or kind for or on account of the use and continued

use of any patented article, combination, or process which may

apply to or affect the material delivered or work done under this

contract.

6. That for and in consideration of the faithful performance of

the stipulations of this contract the contractor shall be paid. at the

office of the contracting officer, or by a disbursing officer designated

to make the payments, the prices stipulated in this contract (Article

1) for the materials furnished and serviees performed: the total

amount set forth in Article 1 hereof to be subjeet. however, to such

increase or decrease as may be found necessary under the stipula-

tions of this agreement for the omission or aglition of work at unit

[fol. 22] prices, and less the amount of penalties, if any. under

Artiele 3, or of any other proper charges. Payments shall be made

at such times and in such amounts as the officer in charge of the

work may elect, based upon estimates to be made by bim of com-

pleted work. Upon the timt fifty per cent of completed work

twenty per cent of the amount of each account shall be retained

until the final completion and acceptance by the Government of all

the work under this contract: Provided. That on completion and

acceptance of each separate |uilding. vessel or distinet public work

hereunder for which the cost is stated separately, payment therefor

may be made in full, ineluding the retained percentages thereon,

if so completed within the time stipulated. .

7. That is is expressly agreed and understood that this contract

shall be noneffeetive until an appropriation adequate to its fulfill-

ment is granted by Congress and ts available. exeept in so far as is

necessary to provide for the necessities of the service as authorized

by Section 3752 of the Revised Statutes of the United States. How-

ever, in order to provide for the necessities of the service as author-

ized by Section 3752 of the Revised Statutes of the United States, it

is agreed that the services specified herein, so far as authorized by

said section, shall be furnished and performed at the times and in

the manner required under this contract, and payments therefor

fll SPR AORN AIEAS RONENAS IL IA HEY EON RAT VET DOOR E NR Mal ORE Ho OTD REIN ELEN OD “ARMOR REAIS

13

shall be made as soon as is practicable after funds are appropriated

and are available.

8. That in case of the failure of said contractor to comply with

the stipulations of this contract according to the true intent and

meaning thereof (including the requirement for progress of per-

formance to the satisfaction of the officer in charge, or higher

authority), then the contracting oflicer, or his successor, shall have

the right to complete the work in such manner as he shall deem best

| fol. 23] for the interests of the public service, either by day’s labor

and open market purchase of the necessary materials, or by contract,

or beth, and to use for that purpose the contractor's materials and

appliances on the reservation or at the place where the work is being

performed, and any excess of cost resulting from such failure, inelud-

ing any charges on account of delay, shall be charged to the con-

tractor. In event, however, of the granting of additional time for

performance, the cost of inspection and other expenses and damages

(including any loss or damage to the work under construction by

fire or other causes) to the United States from and after the date

originally fixed for completion until the work shall have been satis-

factorily accomplished, except in so far as the same may arise from

delays for which the United States is responsible, as determined in

each of these particulars by the oflicer in charge. or higher au-

thority, shall be charged to the contractor and may be deducted from

any money due or to become due said contractor from the United

States: Provided, That where additional time has been granted the

United States shall also have the right to cause the remaining part of

the contract, or any portion thereof, to be taken from the contractor

Whenever, in the opinion of the officer in charge. reasonable and

satisfactory progress is not being made, and to secure completion

at the expense of the contractor, including charges as abeve on ae-

count of delay.

% That there shall be no transfer of this contract or of any in-

terest therein hy the contractor to any other party. and in case of

the violation of this provision the United States, reserving all rights

of action for any breach of this contract by the contractor. may

refuse to carry out this contract with either the transferer or -he

transferee.

[fol. 24] 10. That no Member of or Delegate to Congress, or Resi-

dent Commissioner, nor any person belonging te or employed in

the military service of the United States, is, or shall be. admitted to

any share or part of this contract, or to any benefit which may arise

herefrom, but, under the provisions of Section 116. of the Act of

Congress approved March 4, 1909 (35 Stat. L.. 1109). this stipula-

tion, so far as it relates to Members of or Delegates to Congress,

Resident Commissioners, shall not extend. or

tend, to any contract made with an

eeneral benefit.

or

he construed to ex-

Incorporated company for its

Reds ‘ ABMS RODE SONIA BA AA REE ORE WALTERS IIE LENA IME BASELINE TENE A NAS

14

In witness whereof, the parties aforesaid have hereunto placed

their hands the date first hereinbefore written.

Witnesses: FE. BE. Amory, Capt. Q. M. C. as to Ora Bundy,

Major, Quartermaster Corps, U.S. Army. S.C. Craw-

ford, as to Union Insulating Company, by Joseph F.

5 Flaherty.

Mae

(Executed in triplicate. )

q The following certificate by the contracting officer will be made

where the contractor is a corporation, in cases where the filing of evi-

dence referred to may properly be waived:

I hereby certify that I have satisfied myself of the authority of

the person signing the contractor's name to this agreement to bind

7 it in the matter, and L have waived the filing of evidence of such

7 authority, as permitted so to do by the Army Regulations.

Z Ora Bundy, Major, Quartermaster Corps, U.S. Army.

: [fol. 25] The following affidavit is required only on the copy of

the contract for the Returns Office:

I do solemnly swear (affirm) that the foregoing is an exact copy

of a contract made by me personally with the contractor named

above; that [made the same fairly without any benefit or advantage

to myself, or allowing any such benefit or advantage corruptly to

the said contractor, or any other person; and that the papers accom-

panying include all those relating to the said contract, as required

: by the statute in such case made and provided.

Ore Bundy, Major, Quartermaster Corps, U.S. Army.

Subscribed and sworn to (affirmed) before me this — day

of ——, 19—, —— ——_.

[fol. 26] The following certificate is required only on the mumber

for the Auditor for the War Department:

I certify that the award of the foregoing contract was made to the

lowest responsible bidder for the best and most suitable articles or

services, on proposals received in response to the advertisement

hereto attached, whieh was published in newspapers and posted in

public places for 13 days prior to the opening, and was sent to

principal dealers and contractors at Muscle Shoals, Ala., and vicinity.

Ora Bundy, Maj. Quartermaster Corps, U.S. Army.

(Strike out any portion of this form of certificate that would not

he in accordance with the facts. If award was not made to the

lowest bidder a full explanation will be submitted. )

This is a true copy. Jos. Kramer, Ist Lieut. Q. M. C.

| fol. 27] Exuisit B ro Peririon

L-A

Construction Division of the Army Schedule of Material to be Fur-

nished by the Government for Improvements at River Power-

house and Raw Materials Section of the Nitrate Plant #2 at

Muscle Shoals, Alabama

The materials listed below are available for use, and must be

used in the construction work covered by these specifications. The

materials will be delivered by the Government to the Contractor at

their present location on the reservation, and the Contractor will be

held responsible for the proper care and use thereof after such

delivery :

List of Materials to be Furniished by the Government:

Structural Steel

Reveatodaewhs —_ ht RS Ea DEN Csinnsceaneve 20’ long

Dierebei Wax as at | RS ere oe ei ae 45’ long

| fol. 28] Material for Sewers

150 lin. ft.—GO conerete pipe.

Concrete Material

3.000 tons sand.

Track Material

6,000 lin, ft.—S0” rail.

1,000 cross ties.

700 tons slag.

130 pes. 8” x 8” x 6.0",

3,000" B. M.S” x 8”——random lengths.

2-A

Lumber

1” x 8”—-6" to 30’ long 8S. 1.8. 1. E. 25,000’ B. M.

SO pes. 3 x 6 x 18’

100 pos. 4” x 6% x 14’

700 pes. 2% x 6% x 18"

100 pes. 3” x 12” x 20-0”

HOO pes. 3” x 10% x 14’

150 pes. 8” x 12” x 18’

300 pes. 6” x 8” x 20°

200 pes. 6” x 10” x 14’

aah ition

oe eerie ‘ AR LIRA ALLLE, AGES SOR ACE 68: mec Damdaeraninianee

ié

[ fol. 29] Construction Division of the Army

Specifications for Improvements at River Power-house and Raw

Materials Section of the Nitrate Plant #2 at Muscle Shoals, Ala.

Auth :—171—Const.—1.

Funds: “Armament of Fortifications’ “C’’—No year.”

Description of Work

(a) Shall consist of furnishing all labor and all material (except

that listed in Schedule of Materials furnished by the Government,

pages 1-\ and 2-\). required to construct and finish complete the

werk shown on Drawings 6561-101 to 107, 109 to 116, and as de-

scribed in these specifications, pages 1 to 25 inclusive.

(b) The work in general will be as follows:

(1) Installing an ash skip hoist complete, including the concrete

dumping pits, concrete drainage pipe and head wall.

(2) Removing trestle and track.

(3) Filling and grading.

(4) Relaying railway track incidental thereto at the River Power

House.

(9) Raising the existing stone and coke delivery tracks ten feet

above their present elevation.

|fol. 30] (6) Constructing a permanent dumping trestle of steel

and reinforced concrete, together with the necessary fill on trestle

approaches,

(7) A temporary timber trestle under that portion of track be-

tween the outside dumping pits.

(S) Increasing the height of the existing four stone dumping

pits, two coke hoppers and stone bin to conform to new track eleva-

ton.

(9) Constructing batter boards and platform at the present tim-

her coal trestle.

(10) Constructing new tracks in the coal storage vard and all

necessary grading, ete., incidental thereto at the Raw Materials

Section.

(e) The Contractor shall submit an alternate bid for a fill in

manner described in specifications for the temporary wood trestle

shown on Drawing No. 6561-109.

(d) All material furnished by the Government will be delivered

P.O. B. cars, trucks or wagons on Reservation or in storage thereat.

Contractor shall do necessary hauling to site of work.

(e) The attention of the proposed bidders is called to the follow-

ing work to be advertised for bids as soon as drawings and specifica-

tions therefor are completed : ;

Sewers, Additional Filter Bed and Roads.

LEM it Mw:

17

Special Notes

(aa) The Contractor shall furnish the Commanding Officer

within fifteen days of the date of award of contract, a detailed sched-

ule of material to be furnished by the Government.

(bb) All material obtained from existing work may, if same is

in the opinion of the Constructing Officer, sound and of suitable

[fol. 81] character, be used in’ proposed work: but such salvaged

material and all other material furnished by the Government shall

be adapted to the requirements of the work hy the Contractor.

(ce) The Contractor may. at his own option, use any or all of

the following Government owned equipment: Two standard gauge

locomotives, one locomotive crane, one Buevrus T0-ton steam shovel,

four concrete mixers and one hundred steel-frame wheelbarrows for

proposed work, but he shall personally examine condition of such

equipment and shall make necessary repairs thereto, and provide

all fuel and men to operate same. Sueh equipment as is used by

the Contractor shall at completion of the work be returned by him

to the Government in as good condition as reasonable care and

usage thereof will permit.

(dd) Equivalents:—Where any particular brand or manufac-

tured article is specified, it is to be regarded as a standard. An-

other brand or make equally as good in the opinion of the Construet-

ing Officer will be accepted,

(ee) The Contractor shall lay out all work and shall verify all

dimensions by actual measurements of the work in place, and will

be held responsible for all discrepancies arising from failure to

do So.

General Conditions

1. Character of Work:

The work is to be executed in the best and most workmanlike

manner according to the drawings and specifications, under the

direction and to the entire satisfaction of the United States Officer

in Charge, and in conformity with his instructions.

[fol. 82] 2. Superintendence by Contractor:

The Contractor shall give his personal superintendence to the

work, or have a competent foreman, or superintendent, satisfactory

to the Oflicer in Charge, on the job at all times during the progress

of the work, with authority to act for him.

4. Interpretation of Contract:

Unless otherwise specifically set forth the contractor shall furnish

all materials, labor, ete.. necessary to fully complete the work ae-

cording to the true intent and meaning of the drawings and specifi-

cations, of which intent and meaning the Officer in Charge shall be

the interpreter. Except when otherwise indicated no local terms

3—263

ae

We Si hina sentra aia

a

bre

AAET TO pe a. Pe ge eee | ee 3 ey

TPE BE AEE Y aS ak BO St Sate ay as

18

or classifications will be considered in the interpretation of the con-

tract or the specifications forming a part thereof.

4. Building Sites and Grades:

The locations and grades of buildings will -be indicated by the

Officer in Charge, and the sites, whieh should be examined by intend-

ing bidders, shall be cleared by the contractor for the reception of

structures. All building operations must be confined to the limits

designated by the Officer in Charge.

5. Use of Roadways:

For their hauling contractors must use only the established road-

ways and sueh temporary roadways as may be laid out for the pur-

pose by the Officer in Charge or his agent. When it is necessary to

cross curbing, bridges must be constructed in a secure manner.

[fol. 33) 6. Drawings and Specifications:

(a) Complete Work Required :

It is intended that the drawings and specitieations shall include

everything requisite and necessary to the proper and entire finishing

of the building, notwithstanding every item necessarily involved in

the work is not particularly mentioned: all work when finished is

to be delivered up in a perfeet and undamaged state.

(b) Diserepancies:

Where no figures or memoranda are given, the drawings shall be

accurately followed according to scale. In any case of diserepancy

in the figures or drawings, the matter shall be immediately submitted

to the Officer in Charge, without whose decision said diserepancy

shall not be adjusted by the contractor save only at his own risk;

and in the settlement of any complications arising from such adjust-

ment the contractor shall bear all extra expense involved. In cases

of difference between drawings and specifieations the requirements

of the specifications shall govern. Where detail drawings are fur-

nished they will govern in as far as regards methods of construction

not described or made clear by the specifications. All drawings on

a scale of three-quarters of an inch to one foot, or larger, will be con-

sidered detail drawings.

(c) Details:

Additional detail drawings will be furnished, if required, of such

portions of the work as the Officer in Charge may desire to explain

more fully.

(d) Drawings and Specifications Cooperative :

The drawings and the specifications shall be considered as co-

operative and work and material called for by one and not mentioned

19

[fol. 34] in the other is to be done or furnished in as faithful and

thorough a manner as though fully treated of by both.

(e) Ownership of Drawings:

All drawings, specifications, and memoranda relating to the work

are the property of the United Stites, and are te he carefully used

and returned to the Officer in Charge at completion, or cessation

from any cause of the work.

7. Materials:

(a) Quality of Materials:

Except it Le otherwise specified, all materials are to be of the best

quality of their respective kinds. Where two or more varicties of

materials are specified for any purpose, it shall be optional with the

contractor whieh is used, but in any one building the sate material

must be used throughout for that particular purpose. In all cases

where an article is mentioned in the specifications in connection with

the words “best quality.” “approved quality.” or “equal to.” the

Officer in Charge shall decide what is the best quality and most

suitable articles to use.

(b) Samples:

When required by the Officer in Charge the contractor will furnish

him in advance with samples of the material he proposes to use on

the building. and samples so furnished must, after having been ap-

proved, be adhered to. Samples of cement, lime, plaster, and similar

materials will be taken from material delivered on the ground for

use, and such material must be delivered at least ten days before it

ix required for use. The contractor will be held responsible for all

[fol 35] delays caused by rejection by the Officer in Charge of

materials of any kind which is found untit for use or docs not eon-

form to samples furnished.

(ec) Preference for American Material:

Labor to be “Pr oagyneaaes in the United States. In contracts for

material for public imprevements in the United States preference

shall be given to American material, and all labor thereof shall be

performed within the jurisdiction of the United States.

S. Patents:

The contractor shall hold and save the United States, and all

officers and agents thereof, harmless from and against all demands

of any nature or kind for or on account of the use, and continued

use of any patented article, combination, or process which may apply

to or effect the material delivered or work done under the contract.

20

9. Laying out Work:

The contractor must lay out bis work, and will be responsible

for measurements; he must exercise proper caution and care to

verify the figures before laying out the work, and will be responsible

for any errors therein that otherwise might have been avoided. He

shall promptly inform the Officer in Charge of any errors or dis-

crepancies Be may discover in the drawings and specifications, in

order that the proper corrections may be made and understood.

10. Access to Work; Incompetent Workmen:

The Officer in Charge is to have access to the work at all times,

which is to be entirely under his control. He tnay require the

contractor to dismiss such workmen as he deems to be incompetent

or careless.

[fol. 36] 11. Protection of Material and Work:

The contractor shall, before leaving off work, and at all times,

carefully and properly protect all materials of every description

delivered, both before and after being used on the job, and all work

performed by him, and any special protection from weather deemed

necessary by the Officer in Charge shall be provided without addi-

tional cost to the United States. Partial payments under the con-

tract will not relieve the contractor of responsibility.

12. Liability for Damages:

The contractor will be held responsible for all damages to the

buildings under construction whether from fire, high winds, or

other causes, during performance and until final completion and

acceptance, even though partial payments may have been made

under the contract. He shall he held answerable for all damages

that may oecur te persons, animals, or vehicles from want of proper

lighting, watching, boarding or inclosing, and for any accident

arising from defective scaffolding or apparatus, or any negligence

on the part of himself or his employees.

13. Heating Building:

The contractor shall provide stoves and fuel for heating build-

ings in cold or wet weather while his werk is going forward until

it is dry.

14. Water:

The contractor will be furnished water in sueh quantity as is

actually required for his work. Connection to the post water sys-

tem will be made under the direction of the Officer in Charge, but

at the contractor's expense. Such connections, pipe, fixtures, and

[fol. 37] fittings will he maintained by the contractor so as not

to waste the water and any failure to stop immediately any leak-

age or other waste, after notification will, in the diseretion of the

a Be

officer in Charge cause the water to be metered at the eontractor’s

expense and thereafter all water used by him will be charged to

him at its cost to the Government.

21

15. Systematic Work:

The work must be carried on systematically, and it is to be so

managed at all times by the contractor as to secure rapid progress,

} and avoid annoyance and inconvenience.

16. Cleaning away rubbish; work must not be defaced:

The Contractor is to clean away, whenever direeted by the Off-

cer in Charge, the dirt and rubbish resulting from his operations,

and reniove all rubbish at completion of the building: neither he

or his employees must deface or damage the tutktmg, and the

whole is to be delivered over clean and in perfect condition.

17. Assistance :

The contractor shall render assistance to the other mechanics

on the work in every way in whieh his special work can be of serv-

ice, and such assistance must be given promptly and thoroughly,

without additional charge. He and his employees must work in

harmony with other contractors on the grounds and in such order

and places as may be required by the Officer in Charge.

LS. Eight-hour Laws:

(a) The act of Congress approved August 1, 1892, as amended

by the act of March 3, 1913, restrict the time to working of me-

chanics and laborers employed by any contractor or sub-contractor

|fol. 88] upen public works to eight hours in any one calendar

day, exeept in case of extraordinary emergency, and provides for

| fines or imprisonment for violation thereof,

(b) The act of June 19, 1912. makes the same restriction as

to hours of labor and provides that the contractor shall he charged

a penalty of $5 for each mechanic or laborer for every calendar

day in which he is required or permitted to work more than eight

hours, the amount to be withheld ander the contract for the benefit

of the United States. For further details, and as to exceptions and

right of appeal, see said act and blank form for contraet. (Q. M.

C. Form No, 109.) It has been made the duty of officers and agents

of the Government in charge of the work to report any violations

of these laws coming under their observation with view of dedue-

tion of penalties under the contract and for such action as the De-

partment of Justice may deem advisable to take.

1%. Conviet Labor Not to be Employed:

In the performance of the work herein specified the contractor

shall not, directly or indirectly, employ any person undergoing

sentence of imprisonment at hard labor which may have been im-

) a” peat ‘ opRe es

Aa OR Na OLEATE LE LE SILLA TEBE LT BOTTI

22

posed by a court of any State, Territory, or municipality, having

criminal jurisdiction, nor permit such employment by any per-

son furnishing him labor, or materials in fulfillment of the agree-

ment.

20. Smoking:

Smoking will not be permitted in the building. The contractor

shal] provide the workmen with spittoons, which must be kept

filled with clean sand.

[fol. 89] 21. Sanitation:

The contractor shall provide and maintain necessary sanitary

conveniences for the use of those employed on or about the work,

properly, secluded from public observation in such manner and

at such points as shall be approved by the Officer in Charge, and

their use shall be strictly enforced. The collections in same shall

be removed or destroyed when and where, in the opinion of the

Officer in Charge, it is advisable. The contractor shall provide

sufficient drinking water for all of his employees, but only from

such sources as are approved by the Officer in Charge. The con-

tractors must obey and enforce all sanitary and health require-

ments of the post surgeon.

22. Extras:

No charge for any extra work will be allowed unless the same

has been ordered in writing by the Officer in Charge, the price

stated in the order, and accepted by the contractor.

23. Inspection and Acceptance, or Rejection, of Work:

The contractor must understand that the materials delivered

and labor furnished by him, at any and all times during the prog-

ress of the work, and prior to final acceptance of and payment for

the same, shall be subject to the inspection of the Officer in Charge

or other authorized agent of the Government, with the full right

to accept or reject any part thereof; and that he must at his own

expense, within a reasonable time, remedy any defective or un-

satisfactory materials or work, and that in event of his failure to

do so, after notice, the Officer in Charge shall have the full right

to have the same done, and to deduct the cost thereof from any

money due the contractor. All condemned materials must be at

once removed from the reservation.

| fol. 40] Masons’ Material

The following standard requirements for material shall apply

to all work of contract, except as distinctly otherwise specified.

< eel

RA NRE LAE ELIOT LILI ELIE IIL EI al wee res _ —

23

24. Sand:

Clean and siliceous, composed of grains of varying sizes up to

14,” mesh screen and shall be free from salt, loam, clay, silt, or

other objectionable substance and shall be well screened for mortar.

25. Stone and Gravel:

(a) Broken stone or gravel shall be free from clay, loam, organic

matter, slaty or disintegrated stones.

(b) Shall be.run of the crusher or of the bank, double screened

to following sizes: 12” to 112” for walls, footings and other mass

concrete and 14” to 24” for reinforced concrete work.

25. Cement:

(a) Shall be Portland cement complying with latest edition of

United States Government Specifications for Quality and Tests.

(b) Cement shall be protected from rain and dampness until

used. All cement shall be subject to inspection and test in accord-

ance with the requirements of the United States Government Speci-

fications for Portland cement.

27. Cinders and Slag:

(a) Shall be well burned, clean, screened steam boiler cinders

free from ashes. Large clinkers shall be broken into small par-

[fol. 41] ticles. Gas house or locomotive cinders will not be ae-

cepted.

(b) All slag shall be air cooled, seasoned blast furnace slag,

screened of dust and free from foreign material. For footings, un-

reinforced foundations, walls and mass concrete the slag shall be

broken or erushed to such size as will pass a 1!) inch mesh, graded

uniformly between these limits, and shall weigh not less than 75

Ibs. per cubic foot.

Concrete Work

28. Extent of Work:

The conerete work in general will consist of the following:

(a) Head wall of mass concrete for 60” concrete drain pipe of

River Power House of mass concrete.

(b) Piers under Ash Skip Hoist Tower of mass concrete—

Sheet 104.

(c) Ash Skip Bucket Pit and Sump—Reinforced conerete sur-

faced inside with 1 inch of cement mortar composed 1:2, and out-

side with dead oil and American coal tar pitch. Sheet 104.

(d) Permanent trestle bents reinforced concrete—Sheet +106.

(e) Dumping Trestle for Stone & Coke Storage—reinforced con-

crete—Sheet #112.

(f) Increasing height of two Coke Hoppers—reinforced con-

crete—Sheets #101 and 111.

{RES PA ati Sea pa ae or sp aba pe m4 - sry teteaan ener ee cteats .

USE HSt

'

SRA SSR

5 I EERE ER RIES BRE WS

24

(g) Increasing height of limestone Hopper and Bins Sheet #110

of reinforced concrete.

(h) Increasing height of stone and coke dumping pits reinforced

concrete Sheet #114.

[fol. 42] 29. General:

(a) The following standard requirements for concrete shall ap-

ply to all work of contract, except as distinctly otherwise specified,

(b) Conerete shall not be mixed in any greater quantity than

is required for the work in hand. Any excess that may be left

over at night, or allowed to stand longer than two hours for eon-

crete, shall be discarded and not retempered or used in any way.

(c) Existing conerete work to which new will be added. shall

have dowels let into same and shall be cleaned with a wire brush

and given a coat of neat Portland cement wash immediately pre-

Vious to pouring of conerete thereon.

30. Material;

(a) Conerete mixtures of the following types shall be used for

the purposes specified :

(1) Type “A” or mass concrete, unless otherwise specified, shall

be composed of one (1) part Portland cement, two (2) parts sand

and five (5) parts of 1!y inch machine broken stone or sereened

gravel. Proportions for mass concrete in) which slag is used as a

coarse aggregate shall be 1:2:4 and where unscreened run of bank

gravel is used, shall be 1:5 (Unsereened run of bank gravel may

be used only when obtained from a gravel bank inspected und ap-

proved by the Constructing Officer).

(2) Type “B” or reinforeed concrete, unless otherwise speci-

tied, shall be composed of one (1) part of Portland cement. two

(2) parts sand and four (4) parts of 34-inch machine broken stone

or screened gravel. Unscreened run of bank gravel or slag shall

not be used in reinforced conerete work,

[fol. 43] 31. Mixing:

(a) A machine mixer shall be used for all concrete, except that

where only a small amount is required, the mixing may be done by

hand. A competent and experienced foreman must be in direct

charge of the mixing and placing of all conerete, Tools sufficient to

handle the mixed concrete quickly and efficiently must be provided,

Before depositing conerete all forms shall be thoroughly cleaned and

wetted, and the hottom of trenches tamped level and firm.

(b) All ingredients shall be thoroughly mixed until they are uni-

formly distributed throughout the mass, with suffieient clean, pure

water added to produce a conerete of proper consistency. Immedi-

ately after being mixed the concrete must be conveyed to the desired

point and carefully deposited in place in such a manner as to prevent

the separation of the mortar and stone, using suitable tampers or

other means to insure the removal of voids, air pockets, or honey-

SGU ARN a BONE IY TE LAN HES UE EM CREB I a 'S ~ ee

25

combing. It shall be laid quickly in layers not exceeding 8 inches

in thickness, and each layer shall be thoroughly tamped down, but

not set, before a succeeding layer is deposited.

(¢) When the concrete work is started, the pouring must be

carried on continuously, until an entire section is completed, and

the greatest care must be exercised to stop the work at such a point

us not to weaken it. When resuming the work, the conerete along

unfinished edges shall be thoroughly washed, trimmed square and

roughened, and a layer of neat cement placed along same before re-

suming the pouring.

(d) Wherever itis required that the concrete be made whaterproof

by the addition of a waterpro-fing compound, the aggregates shall be

carefully selected and graded in size and so proportioned that a

dense mixture will result. The mixture shall be of puddling con-

[ fol. 44] sisteney, allowing the particles to flow into position without

tumping and shall be well spaded against the forms to avoid the

formation of pockets.

(e) The component parts of concrete shall be measured in bexes

or barrels of a certoin capacity, and the same unit of measurement

shall be used for each part of the composition. Measurement by

wheelbarrow loads or by counting the shovelfuls will not be allowed.

(f) ALL concrete placed during hot weather must be protected

from the rays of the sun cr air currents that may tend to cause rapid

drying, and should be weited daily or oftener until thoroughly set.

(g) When the Coustructing Officer deems it necessary to place

concrete in freezing weather, proper provision shall be made to heat

all material and keep concrete above freezing point until it is thor-

oughly set,

(hh) When required, provision for expansion and contraction shall

be made by tarred paper and vertical key joints.

32. Finishes:

(a) Conerete surfaces of walls and columns exposed to view on

exterior, except where same will be plastered, shall have all form

marks removed, projections cut away with a chisel and brushed off

with a wire brush.

(b) All holes and voids in walls below grade on the outside shall

be completely filled with Portland cement and sand composed 1:1.

(¢) Concrete floor finish or top dressing shall be known as Type

“B” consisting of cement and sand composed 1:2.

| fol. 45] 383. Forms:

(a) ALl forms shall be built of well-seasoned, sound, good quality

lumber, and except “false work” shall be of new lumber if required.

Forms shall be stiff, true and plumb and be well braced in a manner

to prevent movement or sag, and sufliciently tight to hold conerete

without leakage.

(b) All forms for beams, girders and lintels shall be so designed

that at least one side may be removed without disturbing the bottom

4— 263

ae, : - ee ea La te) ene te ie BEE Set ee Pe eet oc) eas We ene eo tS bee. ee

26

portion of the form and its supports. Supporting posts shall rest

upon wedges to be loosened prior to removal, to eliminate undue stress

in floor slabs.

(c) Forms shall remain in place long enough to allow the eon-

crete to set properly, as shall be determined by the Construeting

Officer. In no ease shall forms be removed until concrete has sufti-

cient strength to carry its own weight and the loads upon it with

safety. In freezing weather special care shall be taken to ascertain

that concrete is fully set before forms are removed,

34. Reinforcement:

(a) Reinforcement consisting of square steel rods, railroad iron,

wire fabric or expanded metal of adequate section shall be furnished

and placed as shown on drawings.

(b) Steel for reinforcement shall be as specified in Par. 37,--No

rerolled material shall be used for reinforcement.

(ce) All reinforcement shall be properly protected until used, and

when placed, shall be free from dirt, rust, dust or scale, and shall be

accurately located and secured against displacement.

[fol. 46] Exeavating and Grading

35. Removals, Excavations & Filling:

(a) Removals.—The contractor shall remove all crushed stone and

coke from site of proposed trestle and shall pile same on adjacent

stone and coke piles, also all material on site of proposed coal storage

track as directed by Constructing Officer.

(b) ‘Tracks (including those of Storehouse #1 Area), existing

timber trestles, walks and railings and canopies over coke hoppers

shall be raised to new levels or removed as may be required, and if

removed, shall be piled as directed by the Constructing Officer.

(c) All work to be raised or removed shall be accomplished with-

out endangering existing adjacent work, and the Contractor shall

provide all necessary bracing, shoring and underpinning as muy be

required to properly execute the work.

(d) Excavation.—Do all necessary excavating or blasting required

by drawings, including that required for grade of railway tracks and

turnout, maintaining same in good order. Excavations shall be

carried to depth shown on drawings or as may be required to give

sufficient bearing power for the support of the trestles. Exeavations

shall include the angle of repose where adjoining natural grade is

to be maintained.

(e) Exeavated material shall be used as fill and be disposed of as

directed by the Constructing Officer.

(f) Filling —Contractor shall do all filling required by drawings,

placing same in a manner acceptable to the Construeting Officer and

according to the standard cross section adopted by the Construction

Division. Back-fill against all walls and footings and puddle solid.

(g) Fill over ravine not included in this contract.

[fol.47] (h) Borrow pits for additional earth required for fill will

—

panes . . — * a

27

be designated by the Constructing Officer within 15 mile of pr sed

fill, but the Contractor shall do necessary excavating and carting.

Borrow pits shall be left in such condition that they will readily

drain, preventing the collection of stagnant water,

(i) Temporary trestles will be allowed in fills and the Contractor

shall use such material as is available from existing trestles to be re-

moved on completion however, no timber will be allowed in the

finished fill within three feet of finished surface.

(k) Provide a bed of cinders tamped to a level bed 12 inches in

depth under platform at foot of batter boards of Coal Trestle, as

shown on Drawing #6561-103.

(1) Ballast-—Provide slag or stone ballast for all track to be laid,

ballast to be at least 6 inches thick under ties, and filled solid between

ties. Material for ballast shall pass through a two and one-half inch

ring and be retained upon a No, 10 sereen. Ballast shall contain not

less than 25 per cent nor more than 50 per cent of sand. To be placed

ina satisfactory manner and be hand tamped.

(m) Drains.—Furnish and lay all tile drains required for track

work.

Steel Work

36. Extent of Work:

Steel work will in general consist of the following:

(a) Steel beams and framing over limestone bins, coke hopper,

dumping trestles and permanent concrete trestles.

(b) Steel brackets for walk at limestone bins taken down and

reset in new position.

|fol. 4S] (ce) Remove railroad track, stringers, grizzley bars and

track supports, walk and brackets where shown, and raise and relay

tracks, ete., as indicated on drawings.

(d) Pipe railing on walk at limestone bins.

(e) Required connections, bolts and dowels.

(f) Bumping posts on stub ends of Coal Storage Tracks.

(g) Painting steel work.

oi. Steel:

All material not otherwise shown or specified, including steel for

reinforcement, shall be acid or basic Open Hearth Steel possessing

the chemical and physical properties of Medium and Rivet Steel as

required by the most recent Standard Specifications for Structural

Steel for buildings, and as adopted by the American Society for

Testing Materials.

38. Detailing & Fabrication:

(a) All work shall be detailed in a first class and approved man-

ner, the full strength of main members being developed in all con-

nections and in accordance with the following unit stresses,

(bh) The workmanship shall be equal to the best practice in modern

Spl ae OA Ap GIT tS TRNG ME SSAA STRAT et MEER SS nO Ra TB OES A SALERNO

28

structural works. Shearing shall be done accurately and all portions

of the work exposed to view shall be neatly finished.

Compression (Pounds per Square Inch)

Nor a a tise dak wv wid wk ks 9 4A 16,000

Cast Iron (in plates or short blocks).................... 12,000

Axial compression of gross sections of steel columns, for

ee Ae a ae bed axapsaee as 16,000-70 L/r

Se ERRORS ieee eer Orr eee rere 14,000

{fol. 49] Axial compression of gross section of cast iron

Nr ere eRe Gla ken ack hn ae ox, ism 04, 10,000-60 1/r

; with maximum length equal to 20 diameters.

ia where l=effective length of number in inches.

De r=corresponding radius of gyration of section in inches.

{3 Tension (Pounds per Square Inch Net Section)

'

ene CO aint ih A's nine eG Oak 4a Bd A AH REM ERO 16,000

NI EN Slay SA x any Ka a's oo gee hw whe dards 16.000

NC arto Sy Niue, Cas a eek y uk vole wn § Cage 12,000

Ete amt doa HERR ae 2 ga ah Caley SO iE an 3,000

Extreme Fibre Stresses—Bending

IIR IN gre ge nla wid 6 his OE RE ds he Ok ees 16,000

ng Selig SEP NTP oa a 12,000

oN MAE CCE ALPS OS AOE ag Pana OP ge eg aa a Oe 24,000

Ct TRO Cen PON BIKE. 5. i evden see 12.000

TEM tr ie go eae Gta ace Bie Kaa ae 2,500

Bearing

Srmueaes Man NOY BAVONS AIAG POMS 8c nes ee ks sie Va ee wa cee ss 24,000

Field driven rivets and turned bolts ..................... 20,000

The pressure per lineal inch on expansion rollers shall not exceed

: 600 d where d is equal to diameter of roller in inches.

. Shear

EAP eee oo eee Te ee eee ee 12,000

Parsee garaer wens grees section: |... 5... so cc cee canes 10,000

IN IN he tg aah sc nak ous ah 5h kms wee 12.000

Field driven rivets and turned bolts .................... 10,000

SII eR icc ewp awa koi anc as dws sé 1,500

(ec) For braeing and combined stresses due to wind and other

loading, the permissible working stresses may be increased 25 per

cent provided the seetion thus found is not less than that required

by the dead and live loads alone.

(d) The effective or unsupported length of main compression

29

members shall not exceed 120 times, and for secondary members 200

|fol. 50] times, the least radius of gyration.

(e) In proportioning tension members, net section must be used.

Rivet holes deducted must be taken 1 inch larger than the nominal

size of rivets.

(f) Members subject to the action of both axial and bending

stresses shall be proportioned so that the greatest fibre stress will

not exceed the allowed limits in that member.

(g) Members subject to alternate stresses of tension and com-

pression shall be proportioned for the stress giving the iargest see-

tion, but their connections shall he proportioned for the sum of

the stresses,

(h) Rolled beams and channels, and built-up members used as

beams and girders shall be proportioned by the moment of inertia

of their gross sections.

(i) Web stiffeners shall have a close bearing against the flange

angles. Those over the end bearing or forming the connection

between girder and columm shall be on fillers. Intermediate stiff

eners may be on fillers or crimped over the flange angles.

(k) Web plates of girders must be spliced at all points by a plate

on each side of web, capable of transmitting the full stress through

splice rivets.

(1) The flange plates of all girders shall be limited in width so

as not to extend more than 6 inches beyond the outer line of rivets

connecting them to the angles, or 5 times the thickness of the thin-

nest plate.

(m) The lateral unsupported length of beams and girders shall

not exceed 40 times the width of the compression flange. When

the unsupported length (1 in inches) exceeds 10 times the width

(b in inches) of the compress flange, the stress per square inch in

the compression flange shall not exceed 16,000-200 1b if the cover

| fol. 51] consists of flat plates or 16,000-150 1/b if cover consists

of a channel section.

(n) Adjustable members in any part of structures shall pref-

erably be avoided.

(o) Sections shall preferably be made symmetrical,

(p) Abutting joint in compression members faced for bearing

shall be spliced sufficiently to hold the connecting members ae-

curately in place. All other joints in- riveted work, whether in

tension or compression, shall be fully spliced.

(r) Lateral, longitudinal and transverse bracing in all strue-

tures shall preferably be composed of rigid members, and shall be

designed to be sufficient to withstand wind and other lateral forces

when building is in process of erection as well as after completion.

(s) When two or more rolled beams are used to form a girder,

they shall be connected by bolts as separators at intervals of not

more than 5 feet. AL beams having a depth of 12 inches and more

shall have at least two bolts to each separator.

(t) The minimum distance between centers of rivet holes shall

be three diameters of the rivet: but the distance shall preferably

>

be not less than 3 inches for 7/S-inch rivets, 2'5 inches for 34-

30

inch rivets, 2 inches for °g-inch rivets, and 14-inch for 12-inch

rivets. The maximum pitch in the line of the stress for members

composed of plates and shapes will be 6 inches for 7,-inch rivets,

6 inches for *4-ineh rivets, 4!) inehes for *%,-ineh rivets and 4

inches for 's-inch rivets.

(u) For angles in built sections with two gauge lines, with rivets

staggered, the maximum pitch in each line shall be twice as great

as given above. Where two or more plates are in contact, rivets

not more than 12 inches apart in either direction shall be used

to hold the plates together.

{fol. 52] (v) The minimum distance from the center of any

rivet hole to a sheared edge shall be 14. inches for *,-inch rivets,

114 inches for *4-ineh rivets, 1'¢ inehes for %,-ineh rivets, and 1

inch for 's-inech rivets; and to a rolled edge, 114, 1's, Ll and 7,

inches respectively.

(w) The maximum distance from any edge shall be eight times

the thickness of the plate.

(x) The pitch of rivets at the ends of built compression mem-

hers shall not exceed four diameters of the rivets for a length equal

to two times the maximum width of the member.

(vy) The open sides of compression members shall be provided

with lattice bars, having tie plates at each end and at intermediate

points where the lattice is interrupted. The tie plates shall be as

hear to ends as practicable. In main members carrying caleulated

‘ stresses, the end tie plates shall have a length not less than the dis-

‘ tance between the lines of rivets connecting them to the flanges,

and intermediate ones not less than half this distanee. Their thick-

< ness shall not be less than 1/50 of the same distance.

(aa) The size of rivets shall be as called for on the drawings.

¥ Rivets shall be driven by pressure tools wherever possible. Pneu-

3 matic hammers shall be used in preference to hand driving. Rivets

shall look neat and finished with heads of approved shape, full and

of equal size. They shall be centered on the shank and shall grip

the assembled pieces firmly.

(bb) Riveted members shall have all parts well pinned up and

firmly drawn together with bolts before riveting is commenced.

Contact surfaces shall be painted. Abutting joints shall be cut

or dressed true and straight and fitted closely together. In) eom-

pression joints depending on contact bearing, the surfaces shall be

fol. 53] truly faced, so as to have even bearing after they are

riveted up complete and when perfectly aligned. The several pieces

forming one built member shall be straight and shall fit closely to-

gether, and finished members shall be free from twists, bends or

(ec) Expansion bed plates shall be planed true and smooth. The

cut of the planing tool shall correspond with the direetion of ex-

pansion,

(dd) Steel, exeept in minor details, which has been partially

heated, shall be properly annealed. Welds in steel will not be allowed.

All steel castings shall be annealed.

ns Cette hp brenda aa

~T

a - +s crake. im s

. NER EMR: Ela Nd 7

DREN aR ag MR Oa et NS

31

39. Shop Drawings:

(a) The Contractor, before fabricating any material, shall submit

for approval two sets of shop drawings of Structural and Miscellaneous

Iron and Steel Work, Apparatus or Device required. Approval, or

instructions for any changes in these drawings will be secured from

the Washington office by the Constructing Officer. Two sets of the

finally approved drawings are to be furnished for the Government

liles in Washington, and one for the Constructing Officer.

(b) Setting or erection drawings shall be furnished, on which

the general dimensions of the building shall be shown, ineluding

the position and thiekness of the various bearing walls, piers, ete., on

whieh steel is placed. These erection plans give the size, weight,

length, elevation, position and erection mark of all material. All

field connections for purlins and girts shall be bolted.

ce) In addition to the erection drawings, size and section or detail

sheets (exeept details of unfabricated beam work), shall be furnished,

on which all material shall be listed in detail. An index sheet shall

jfol. 54) be supplied, on which shall be noted the number of the

drawing on which the detail of each member may be found, referring

to the member by its erection mark.

(d) All drawings shall be of uniform size, properly tilted and

numbered to facilitate their easy identification. The system of

erection-making shall be simple and easily interpreted and, when

practicable, same marks as shown on contract drawings shall be

used on shop drawings.

(e) No material shall be fabricated before the approval of the

shop drawings affecting same. This approval shall not be construed

as a complete check, but will only indicate that the general method

of construction and detailing is satisfactory. Approval of drawings

shall not relieve the Contractor of the responsibility for any error

which may exist, and the contractor will be responsible for the de-

sign of adequate connections and_ details. The Contractor shall

furnish all materials, devises, apparatus, ete.. of proper size, quan-

tity and quality to efficiently carry out requirements of drawings

and specifications.

40. Erection:

(a) The specifications relating to manufacture and fabrication

will apply to ereetion, and all work shall be ereeted plumb, square

and true to tines and levels in strict accordance with the structural

requirements of the building.

(b) Contractor shall provide all machinery, apparatus and stag-

ing required for the erection of steel work in a thoroughly safe

and eflicient manner, He shall install, maintain and remove with-

out injury to other work, such temporary bracing. scaffolding, ete.,

as may be necessary or required. Care shall be taken that no part

of the structure is overloaded during construction. The steel erector

{fol. 55] shall furnish mason with instructions or templates for set-

ting anchor bolts and bearing plates.

APL

ay

CRIS

are

weer

¥

So

Pa Stal der eg eae Sie tb EOP Re Te. ee TT SOR TE Tee eee

a PRAT IM SNRs ER pas Sah tik be Sane 4

(¢) The Contractor shall arrange deliveries of material to facilitate

the rapid and continuous progress of the operation, but the site ad-

jacent to same shall not be used for the storage of material unless

absolutely necessary, and then only under special permission of the

Constructing Officer and local authorities having jurisdiction,

(d) Particular care shall be taken to protect all material from

injury of any kind either in transportation or erection. Material

so damaged must be replaced by perfeet material or repaired in a

manner approved by the Constructing Officer.

(e) The use of drift pins will be allowed only to bring together

the several parts, and they must not he driven with such force as to

distort or injure the material, Material that has been distorted by

drifting will not be aecepted.

(f) Provide and install all hangers, brackets, bracing, struts and

extra pieces as shown or required to complete the entire work in

a first class manner,

(2) Provide necessary tap serews and do all drilling and tap-

ping of steel required by all trades,

41. Workmanship:

(a) All workmanship shall be first class and subject to the ap-

proval of the Constructing Officer. Only men experienced in this

class of work shall be employed on same. All material shall be

fabricated as shown on the approved shop drawings and in’ strict

accordance with the best practice in work of this kind. Connee-

tions and fittings shall be so made and placed that the various parts

will fit accurately and permit of erection without undue labor, drill-

ing, fitting or cutting.

fol. 56] (b) The Contractor shall provide and install in first

class manner all necessary tiller plates, washers, bolts, rivets, ete.

(ec) All pieces inust be clearly marked according to some defi-

nite system to aveid confusion of parts and to secure perfect fit in

erection,

42. Rivets & Bolts:

(a) Unless otherwise specified, either rivets or bolts may be used

in field work in accordance with the following conditions:

(b) Rivet holes must be accurately spaced and rivets when driven

must completely fill the same, having full heads concentrie with

the holes and be machine driven whenever practicable, the ma-

chines being capable of retaining the seated pressure after the

upsetting is completed. The rivet heads must be full and neatly

finished of approved hemispherical shape and in full contact with

the surface, or be countersunk, flattended or chipped as required,

of a uniform size for the whole diameter of the rivet throughout

the work, and must thoroughly bind together connected pieces.

All loose or otherwise imperfect rivets must be eut out and replaced,

and no tightening of rivets by caulking or reeupping will be per-

mitted The use of rivets in tension shal] be avoided.

33

(ec) If any hole is to be enlarged to admit the rivet, it must be

reamed, and a larger bolt or rivet provided.

(d) The holes for bolts shall be punched or drilled the neat

size of the bolt, to provide a driving fit for same. Before encasing

bolted or riveted work in concrete, opportunity must be granted

the inspector to examine same. Any loose er imperfeet rivets shall

be removed and loose bolts well tightened. All bolts remaining

permanently in the structure to be dipped in red lead paint before

installation. Bolts not encased in conerete shall have ends split

[fol. 57] to prevent nuts from working loose,

(e) When built-up members are assembled, the holes in the va-

rious pieces shall mateh and be strictly in line, any slight: varia-

tion being correvted reaming and using larger bolts or rivets. Dur-

ing riveting the several pieces shall be closely bolted together and

when finished shall be in close contaet throughout.

43. Railway Tracks:

(a) Contractor shall remove, raise and lay all track and turn-

outs and bumpers indicated as new, raised or relaid upon drawings.

(b) The work shall include the spacing of ties, placing of bal-

last and tile drains, (Pars. 51, 35 “I & “m”), and all work nee-

essary to place tracts in perfect working condition.

(ce) Such of trackage as is removed and is in good condition

shall be relaid, and the Government will furnish all additional

rails, angle bars track bolts, tie plates, spikes, drain tile, ete. Con-

tractor shall furnish all bolts required for trestles, ties, stringers.

(d) Track shall be standard gauge, having steel rails of 6714

Ib. section A.S.CLE. with standard rail clips and bolts.

44. Bumping Posts:

Furnish and install “Ellis,” “Gibraltar” or equal bumping posts

or ends of the two stub coal storage tracks.

45. Pipe Railings:

Where shown furnish and erect railings of 14> inch nominal

diameter galvanized wrought iron pipe with standard connections,

posts rails and flanged base as shown.

| fol. 58] Painting of Lron & Steel Work

46. Painting:

(a) All structural steel and iron work shall be given the num-

ber of shop and field coats of paint, as hereinafter specified.

(b) The materials specified for use in paint shall be pure, un-

adulterated and of the best quality of the respective kinds men-

tioned. The pigments must in all cases be finely ground, and in

prepared paints shall be ground with the oil.

(c) If prepared paints are used, they shall be delivered at the

5—265

Sraisetis e Che aaa mies

a ae

i I Naas MMR ce IE sc

34

work in the original packages, or containers, and shall be used with-

out adulteration or addition of other material.

(d) The vehicle for all paint shall be raw or boiled pure linseed

oil, or an approved combination of the two. Linseed oil shall be

well aged and settled.

(e) Mixing Paint—Paint shall be mixed in the following pro-

pertions, dryers being added to the linseed oi] only in sufficient

quantities to cause paint to dry with 24 hours’ time in dry warm

air. Only pure linseed oil of the quality above specified shall be

used and shall be thoroughly mixed with finely ground pigment.

No adulterants of any kind shall be used and all paint shall be sub-

ject to test and approval by the Constructing Officer. No benzine,

turpentine, ete., shall be used as driers or for thinning paint, lin-

seed oil being used exclusively.

(f) For the following kinds of paint to each gallon of linseed

oil shall be added the quantity of pigment specified :

Red lead paint—20 pounds of Red Lead (lead tetroxide).

Iron oxide paint—8 pounds of Iron Oxide (iron oxide).

{fol.59} (g) Methed ef Applying Paint—All painting for steel

and iron work shall be done in an approved and first class maiiner

by mechanics skilled in this class of work. The paint shall be

thoroughly worked into all cracks and corners and well brushed out

over all surfaces.

(h) All painting shall be done on dry surface and no paint

shall be applied during exceptionally damp weather or when the

temperature is below freezing point.

47. Shop Painting:

(a) Before leaving mill or shop, all steel and iron work shall

be thoroughly cleaned of mill seale, dirt and rust, by use of steel

scrapers, wire brushes or sand blast where necessary, and cleaned

of oil or grease with benzine.

(b) All steel or iron work, except cast iron work, and metal for

reinforcement of concrete, after being so cleaned, shall be given

one coat of Red Lead Paint.

(c) Surface coming in contact after assembling shall receive one

heavy coat of red paint and parts shall be assembled while paint

is still wet. Interior surfaces of box or similar sections, inaccessible

after assembling or erection, shall receive two coats of red lead paint.

All bolts used in the erection of the steel, which are to remain per-

manently in the structure shall be dipped in red lead paint before

being placed in position.

(d) All pins and bored pin holes and other planed or threaded

surfaces shall be coated with white lead and tallow before leaving

the shop, particular care shall be taken to keep these surfaces free

from rust, and from injury due to abrasion or other causes.

48. Field Painting:

(a) After erection, or at any time before, when required, all

steel and iron work shall be cleaned of mud, dirt, grease or other

35

[fol. 60] foreign matter, and all abrasions or defeets in shop coat

shall be seraped or thoroughly cleaned and repainted with same

kind of paint as used for shop coat.

(b) Cast iron shall be delivered at the site unpainted and after

being inspected and approved shall be thoroughly cleaned and

painted one coat of red lead paint.

(ce) Nothing herein contained shall be construed to requiring

the painting of metal used for the reinforcement of conerete.

(d) In addition to shop coats, all steel and iron work shall be

given two field coats of white lead or zine paint of colors directed.

These field coats shall be composed as follows: To each gallon of

linseed oil shall be added the following pigment :

White lead paint—22 pounds white lead (Dutch process).

Zine white paint—19 pounds Zinc white (Zine oxide).

Timber Work

49. Extent of Work:

Work shall consist generally of the following and the Contractor

shall use in the new construction timber available from elevated

structures and existing tracks to be removed:

(a) Trestles—temporary and permanent.

(b) Railway stringers and ties.

(c) Walks.

Gd) Batter boards and platform — Coal Trestle,

(e) Removing and resetting canopies over Coke and Stone Hop-

pers, providing missing parts.

[fol. 61] 50. Trestles:

(a) Construct all permanent and temporary trestles as shown

on drawings. and shall provide mud sills wherever, in the opinion

of the Constructing Officer, the nature of the ground so requires

them.

(hy) Contractor shall furnish and apply all bolts and drift pins re-

quired, doing all necessary boring and all painting with white lead

required,

(¢) Timber of each trestle bent, mud sills, sills, posts, caps and

braces and all stringers shall be properly marked for assembling and

identification.

‘1. Stringers and Ties:

Furnish of required sizes or re-saw from existing timber fur-

nished for the purpose, sound stringers and ties for new railway

work. Frame and bore as required and securely bolt up as directed.

52. Coal Trestle Platform, ete.:

Construct the platform and batter boards to track of Coal Trestle

as shown on drawing No. 6561-108: using boards from old siding

of trestles. Platform shall be of 1. 1. yellow pine planking spiked

to 6 x 6 inch sills embedded in cinder fill.

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53. Walks and Wood Guard Rail:

Construct plank walks and guard-rails of yellow pine timber

along dumping trestle (Sheet No. 112), and where shown. Walk

shall be substantially constructed and be well spiked. Hand rails

shall be hand smoothed.

54. Canopies, etc. :

Raise existing canopies of Coke Hopper and build flooring on

joists over future hopper. Contractor shall furnish all missing

parts necessary to complete the installation and put same in_ per-

fect working order.

[ fol. 62] Ash Skip Hoist at River Power-house

55. Seope of Work:

The work covered by these specifications consists in furnishing

all labor and material necessary to install an ash skip joist. com-

plete as shown on drawing 6561-104 and as hereinafter deseribed.

56. Ash Bunker and Gates:

Bunker shall have a capacity of 6,000 cubic feet. It shall Le reet-

angular in shape and constructed of 14 inch steel plate. The bottom

shall be pyramidal in shape and the sides on an angie of 45 degrees.

Outlet shall be equipped with a east iron ash gate of the Under-

cut Duplex type. having a 2! inch square body and operated from

the ground by means of a wrought iron lever, bolted to one of the

gate jaws, complete with necessary pulleys and wire rope pull with

handle. The top bunker shall be constructed of No. 12 steel plate,

sides to be on an angle of 45 degrees with a horizontal top. There

shall be two openings. cach one covered by a hinged lid of No. 10

steel plate and of a size suitable to receive ashes from 40 eubie foot

luicket. The hinged lids shall be constructed so that they will be

opened automatically by the skip buckets when they ascend and

close when they decend. Covers shall be fitted with angle stiffeners.

‘The supporting structure shall consist of four columns of sufficient

size for the purpose intended. They shall be braced in all direc-

tions and designed according to the American Bridge Specifications.

Bunker shall be protected on the inside (side and bottom) by a

2-inch lining of cement plaster, same to be composed of 1 cubic

| fol. 63] foot cement, 14 cubie feot hydrated lime, 3 cubie feet sand

and 1% pound hair. This shall be laid on reinforcement made of 1

inch mesh No. 18 gauge galvanized steel wire netting 48 inches

wide. The reinforcement will be securely fastened to the bunker

steel by means of bolts spaced every 2 feet in all directions. — Suit-

able steel footwalk and hand rail shall be installed around top of

bunker. Steel ladder shall be provided to reach the top.

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57. Paint:

All steel shall be given one coat of brown oxide and one coat of

black graphite.

58. Skip Buckets:

Two skip buckets shall be furnished. They will be rectangular

in section and constructed of 3/16-inch steel plate and angles properly

stiffened. They shall be mounted on square journaled shafts and

each one fitted with four case iron, machined, single flanged guide

wheels, same to be fitted with grease cups. The hoisting bale shall

be constructed of heavy flats or channel irons properly stiffened and

attached to the side or bottom of the bucket. The upper ends shall

be connected by a cross beam to which the hoisting rope is fastened,

The capacity of each bucket shall be 40 cubic feet.

59. Loading Hopper:

Two loading hoppers shall be furnished. They shall be con-

structed of 14-inch steel plate stiffened with angles and each one

shall have a capacity of 120 cubie feet. Attached to each loading

hopper shall be a chute made of !-inch steel plate. At the end of

| fol. 64] this erute shall be a counter-weighted undercut gate which

will be automatically opened and closed when the skip bucket de-

scends and ascends.

60. Rope and Fittings:

The hoisting rope shall be the best crucible steel wire rope with

hamp core and of proper diameter to accommodate the working load

with ample factor of safety. This will also apply to the counter-

weight rope. All necessary thimbles and rope clamps of approved

type. for securing rope to apparatus, shall be furnished. All sheaves

and blocks shall he of the best close grained grey iron properly

turned, bronze bushed and fitted with compression grease cups. The

pitch diameter of same shall be at least 30 times the diameter of the

rope used.

61. Counterweight and Guides:

Two cast iron sectional counterweights shall be furnished, one for

each skip bucket. They shall travel on guides consisting of angles

and rigidly braced to the bunker structure by means of yokes. The

weight of the counterweight shall be so proportioned that the duty

of the hoisting motor will be approximately constant, whether hoist-

ing a full bucket or lowering an empty one. A hand rail shall be in-

stalled around the counterweight guides, at the ground level. Safety

appliances of approved design shall be installed at the top and bottom

of counterweights to stop the machines in case the counterweights

travel past their designed stopping places.

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62. Skip Guides:

Skip guides shall consist of a pair of steel channels for each bucket,

| fol. 65| same to be securely laced together to hold them true to gauge

and braced from the bunker columns by a steel bent. Above the

bunker they shall support the head sheaves or blocks. At the top of

skip guides a switch shall be provided to break the electric circuit if

bucket travels beyond its designed stopping point, or in lieu of this

a traveling cam operated in conjunction with the main drive will be

acceptable.

63. Hoist House:

One hoist house shall be furnished. [It shall be of structural steel

frame with No. 22 U.S. S. gauge corrugated steel sides and roof. It

shall be of a size sufficient to house two hoisting machines. Ample

windows and doors shall be provided. Floor shall be of cement built

by others.

64. Hoist and Motor:

Two hoisting machines shall be furnished; they shall be installed

in the hoist house together with all necessary control panels and

switches. Motors shall be wound for 440 volts, 3 phase, 60 eycle and

of sufficient size for the use intended. Each one shall be capable of

handling ashes of approximately 15 tons per hour on a 100 foot lift.

Motor may be directly connected to the hoisting drum by a steel

worm and bronze rim wheel, same to run in oil, or any other suitable

design approved by the Constructing Officer. All bearings shall be

bronze bushed and fitted with compression grease cups. The entire

operation of the machine shall be automatic, from the time the

bucket starts to ascend until the ashes in the loading hopper have

been exhausted and delivered to the bunker, and bucket has returned

to the loading position at which point the power shall be automatically

cut off. Operation shall be started by means of a push-button

switch.

| fol. 66] 65. Drawing:

Manufacturers will submit with their proposals working drawings

showing size of pit necessary to accommodate loading hoppers, loca-

tion and size of foundation bolts and all other information necessary

for the complete installation of the system.

66. Test:

At the completion of the work and before acceptance, the entire

apparatus shall be subjected to an 8-hour operating test, during which

period the equipment shall be operated continuously at full capacity.

Machine shall operate to the satisfaction of the Constructing Officer

and without undue heating of any part of motor or hoist. The Con-

tractor shall furnish all labor necessary to conduct test. Current for

the operation of the motor will be furnished by the Government.

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G7. Conerete Work:

Specifications for pits, foundation and all other concrete work are

covered in Par. 28 of the Specification.

68. Ejector:

A brass steam ejector with all necessary valves and fittings shall Le

installed in the ash skip bucket pit at the River Power House. _ It

shall have a capacity of not less than 500 gallons of water per hour

against a 35 foot lift and 24 inch suction operating with steam at not

less than 60 pounds pressure. A strainer shall be installed in the sue-

tion connection of the ejector and located 11% inches from the bottom

of sump.

R. C. Marshall, Jr., Brig. Gen. U. 8. A., Chief of Construction

Division.

Washington, D. C., April 14, 1920.

| fol. 67 | Il. History or PROCEEDINGS

On June 16, 1922, the defendant filed a motion to make the peti-

tion more definite and certain.

On June 26, 1922, the court filed an order overruling defendant’s

motion to make the petition more definite, and gave the defendant

thirty (30) days in which to plead as it may be advised.

On July 15, 1922, the defendant filed a special demurrer.

On October 16, 1922, the demurrer was submitted without argu-

ment.

On October 30, 1922, the court entered the following order:

- Order

This cause having been submitted upon the defendant’s demurrer

to certain claims presented in the petition, the Court, being of the

opinion that the questions presented by demurrer can be better de-

termined when the facts are developed, does overrule the demurrer,

with leave to the defendant to present the questions when the case

comes on to be heard upon the merits.

III. ARGUMENT AND SUBMISSION

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On March 4, 1924, this case was argued and submitted on merits

by Mr. Edmund 1D. Adcock, for the plaintiff, and by Mr. George H.

Foster, for the defendant.

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|fol. 68] IV. Findings of Fact, Conclusion of Law, and Opinion

of the Court by Hay, J.—Entered April 28, 1924

This case having been heard by the Court of Claims, the court,

upon the evidence, makes the following

>

FinbINGs OF Fact

I

The plaintiff is a corporation organized and existing under the

laws of the State of Illinois having, its principal place of business

in the city of Chicago, State of Hlinois. On May 28, 1920, under

the name of Union Insulating Company, which name was afterwards

changed to Union Insulating & Construetion Company, the plaintiff

entered into a contract with the United States whereby the plaintiff

agreed to do certain construction work at nitrate plant No. 2 at

Musele Shoals, Alabama. A copy of said contract, marked “Ex-

hibit A.” is attached to the petition and is made a part hereof by

reference.

Il

The contract provided that the United States would furnish at

the nitrate plant all construction materials except those to be fur-

nished by the plaintiff, which were specified in the contract, the plain-

tiff undertaking to perform all necessary labor required in trans-

porting such materials to the proper place for use in construction,

and the United States agreed at all times to furnish the necessary

right of way for ingress and egress to the place of storage of such

material and the place of ultimate use in construction.

The right of way furnished by the United States consisted of rail-

road tracks running from the site of the work to the storage yards.

These tracks were used by others, and were not in good condition

when the plaintiff submitted its bid, nor were they in any worse

condition when it began work under the contract. The United

States did not keep the traets in good condition during the period

of the performance of the contract, but turned them over to the

plaintiff for its use together with the necessary rolling stock. The

plaintiff expended the sum of $705.50 for labor in repairing railroad

[ fol. 69] tracks, and $700.66 for making repairs to equipment dam-

aged by reason of the defective tracks: it also expended the further

sum of $1,655.49 for labor in connection with derailments.

Ill

Drawing No. 109 made a part of the contract provided for a

wooden railroad trestle to be built with eighty-six bents, eaeh bent

to be twelve feet from center to center. After the contract was

made the defendant changed its plans for said trestle, requiring the

bents to be eleven feet from center to center instead of twelve feet.

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41

making necessary the construction also of twenty additional bents.

There was on hand at the said plant at the time the bids were in-

vited new lumber sufficient and which could have been made adapt-

able for the construction of the said trestle with bents twelve feet

from center to center. The defendant upon changing the plan for

the building of the trestle, required the plaintiff to use old lumber,

and to salvage the same form a trestle which the contract required

the plaintiff to remove, and which was at or near the jocation of

the new trestle. The change of place made it necessary to handle

additional lumber amounting to 54.012 more lumber feet than would

have been required under the plan specified in the contract. The

cost of handling this additional lumber was $1,870.66, One hun-

dred sixty-nine thousand seven hundied and sixty-four feet of old

lumber were actually used in this construction. The extra cost of

handling old lumber instead of new lumber and working the same

into the wooden trestle was the sum of $5,092.92.

The plaintiff claims twenty per cent of the aforesaid two sums

to cover liability insurance, overhead, and profit, making a total

of $8,356.30 which is claimed by the plaintiff to be the extra cost

of constructing the said trestle which it was obliged to incur to meet

the changes in the plan. The contract provides that: ‘No charge

for any extra work will be allowed unless the same has been ordered

in writing by the oflicer in charge, the price stated in the order, and

accepted by the contractor.” The work on the trestle was not or-

dered in writing by the oflicer in charge, and hence no price was

stated nor accepted by the contractor. The contract also provided:

“That all material obtained from existing work may, if same is in

the opinion of the constructing officer sound and of suitable char-

acter, be used in proposed work; but such salvaged material and

all other material furnished by the Government shall be adapted to

the requirements of the work by the contractor.” The lumber used

in building the said trestle was adapted to the requirements of the

work, and was at or near the site of the trestle, while the new lumber

was stored more than a mile away.

IV

The plaintiff made its bid for the work on May 5, 1920, and the

contract was entered into on May 28, 1920. At the time the plaintiff

submitted its bid it had a quotation for Portland cement required

in the construction work at $2.80 per barrel, making the total cost

of cement as of May 5, 1920, according to the number of barrels

[fol. TO] required, $10,950.80. By the time the contract was exe-

cuted the quotation on cement, $2.80 per barrel, was withdrawn and

the plaintiff had to pay $3.93 per barrel for cement, or $15,370.23

for the amount of cement used in the work, a difference of $4,419.48.

The price of cement was changing at the time the bid was made,

und quotations were subject to change at any time, and this the

plaintiff knew when it made its bid.

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V

The contract provided that the plaintiff should furnish all labor,

ash skip hoists, cement, 20 by 80 inch I beams and necessary con-

nections required to construct and finish complete all work as listed

under Class B of “Description of work”; the United States to

furnish at its present location on the reservation at United States

nitrate plant No. 2, all other construction materials. A list of ma-

terials to be furnished by the Government was contained in a

schedule which was made a part of the contract. Said schedule is

attached to the petition, marked “Exhibit B,” and is made a_ part

hereof by reference. Said schedule further provided that the con-

tractor should furnish all labor and all material except that listed

to be furnished by the Government. Coal was not one of the ma-

terials listed to be furnished by the Government. There was at ni-

trate plant No. 2 and on the Government reservations a large amount

of coal sufficient for the construction work. The plaintiff used some

of this Government coal, but was prevented by the officer in command

of the reservation from using it as soon as he was acquainted with

the fact that the plaintiff was using it. The plaintiff was required

to replace the coal which it had used. The plaintiff used 820.401

tons of coal in and about the construction work in the performance

of its contract, which coal cost the plaintiff the sum of $7,807.60.

The contract provided that the plaintiff could use any or all of

certain equipment in its construction work, said equipment consist-

ing of locomotives, steam shovel, concrete mixers, and so forth, but

it was expressly provided that the plaintiff should provide all fuel

and men to operate the same. The plaintiff used this equipment.

The plaintiff claimed the right to use Government coal, but the

officer in charge decided against this claim.

Vi

It was provided in the contract that the plaintiff should be fur-

nished with materials to aid in the work. Some of these materials

were to go in the work, while others were loaned for use and were

to be returned to the United States. The materials to go into the

construction were issued to plaintiff on “property transfer,” and

those to be returned were issued on a “property loan.”

At the conclusion of the work it was found that certain materials

issued on “property loan” were not returned and from a payment

made on June 7, 1921, the Government withheld $1,617.40 to cover

the property not returned or accounted for. A list of this material

was submitted to the plaintiff. This list was carefully checked by

[fol. 71] the Government: the plaintiff insisted that it had returned

all materials, or that they had been used up in the work. Subse-

quently this list was revised by the Government and a check was

sent to the plaintiff for $123.72, making the amount withheld

$1,493.68.

43

Vil

The contract provided that the work should be commenced on

June 10, 1920. By June 10 the plaintiff had its executive and office

force at the plant. The plaintiff was able to begin work on June 15.

The delay resulted from the inability to get material issued to the

plaintiff. The actual amount expended for salary and services to

the persons kept waiting was the sum of $360. No complaint and

no protest was made by the plaintiff at the time, and no claim was

filed by it until March 14, 1921.

Vill

In making a certain filling which was necessary to be made and

because of the elevation it was ascertained that a portion of the

railroad track leading to the raw material storage yard would be

covered, In order to prevent this it was necessary to make a change

in the plans, and while estimates were being made for this change

the work at this place was stopped from August 19, 1920, to Sep-

tember 7, 1920. The estimate was made by the plaintiff for the

track change. A supplemental contract dated September 7, 1920,

was entered into by the plaintiff with the defendant to cover the

extra work made necessary by the change, and the plaintiff was paid

the sum of $2,515.54 under the terms of the supplemental contract.

At that time the plaintiff made no claim for delay, but on Mareh

14, 1921, made a claim for five days’ delay, and placed the damages

incurred by it by reason of said delay at $1,550, the said aimount

being made up of superintendents’, engineers’, timekeepers’, stenog-

raphers’, accountants’, clerks’, and foremen’s salaries at $3100 per

day. Work went on on other portions of the work during these five

days, and work was done during the time by the persons whose

salaries are estimated from above.

IX

Drawing IIL, attached to the contract, indicated that cighty cubic

vards of concrete were required for each of the two coke hoppers.

In order to construct the hoppers as planned an additional amount

for the two hoppers was required, equaling 56.6 cubie yards. There-

fore the plaintiff was directed by the constructing quartermaster to

cease work on the hoppers until an estimate of eost could be made

and approved for this additional yardage of concrete. The work

on the hoppers was stopped on October 12, 1920; the estimate for

the additional yardage was approved on November 11, 120. After

the estimate was approved the work on the hoppers proceeded.

Work proceeded on other parts of the work during this time, and

November 11, 1920, a supplemental contract was entered into by the

{fol. 72] plaintiff with the defendant providing for payment for

this extra work on the hoppers, and the sum of $1,180 was paid the

plaintiff under the terms of that contract. No claim for delay was

made by the plaintiff at that time, but on March 14, 1921, plaintiff

is

made claim for five days’ delay in completion of the work due to the

fact that it had to change to other work than the work on the hop-

pers. It claims that the damages incurred hy it amounted to $1,550,

made up of salaries as set out in Finding VIII.

X

44

The contract required plaintiff to make an earth fill for the rail-

road tracks at the river power house west of the ravine on said

reservation United States nitrate plant No. 2, and the amount of

work was described on the plan and in the specifications. In order

to make this fill for the tracks it was necessary to use a large quantity

of material in addition to that shown on the plan and in the specili-

cations. The constructing quartermaster of the defendant required

the contractor to prepare a plat and protile plan showing the tracks

and earth supporting same in its original condition, and also a pro-

file showing the track at its new elevation, with the proper eross-

sections, calculated to determine the amount of yardage necessary.

This drawing was prepared and submitted to the constructing quar-

termaster, and said officer determined to adopt the plan prepared by

plaintiff and the plaintiff? was directed by the constructing quarter:

master to prepare an estimate showing the additional money required

to make the fill and also showing the yardage necessary in excess

of that described in the original plans and specifications. Work on

this fill was suspended from October 28, 1920, to November 26, 1920.

A change in the arrangement of the work was necessary, but there

was no loss of time on the work. On November 26, 1920, a supple-

mental contract was entered into by the plaintiff with the defendant

for the extra work on this fill, and under the terms of that contract

the plaintiff was paid the sum of $4,590.24 for said work. No claim

for delay or for efficiency loss was at that time made by the plaintiff,

but on March 14, 1921, plaintiff made claim for efficieney loss, which

it placed at the sum of $1,795, based upon the salaries as set out in

Findings VIII at $310 per day.

XI

Extensions of time were agreed upon in writing between the par-

ties; and the plaintiff has been paid the entire amount stipulated

in the contract except the sum of $1,493.68 retained as value of ma-

terial not accounted for and set ont in Finding VI.

At the time of the final payment to the plaintiff the plaintiff had

on file in the War Department the claims which are the subject of

this suit. The final payment was made with the understanding that

the plaintiff did not surrender its rights to bring suit for the claims

aforesaid.

CONCLUSION oF LAW

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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

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45

the petition be, and the same is hereby dismissed. Judgment is ren-

{fol. 73] dered against the plaintiff for the cost of printing the ree-

ord in this cause, the amount thereof to be entered by clerk and

collected by him according to law.

OPINION

Hay, Judge, delivered the opinion of the Court:

This is a suit brought by the plaintiff against the United States to

recover the gross sum of $30,597.73. This sum is made up of nine

separate claims growing out of a contract entered into by the plain-

tiff with the United States providing for certain construction work

at nitrate plant No. 2, Muscle Shoals, Alabama.

The plaintiff performed the work undertaken by it, and was paid

the amount stipulated in the contract. During the progress of the

work certain changes were made in the work, and controversies

arose between the plaintiff and the officer in charge of the work.

At the termination of the work the claims set out in the findings were

filed in the War Department and were pending at the time of final

payment. As these claims are separate and distinet from each other

it will be best to take up each claim separately.

The first claim is for the sum $3,059.65, based upon the alleged

failure of the United States to maintain the right of way which

the defendant was to provide for ingress and egress to the place of

storage of the materials to be used on the work to be the place of

ultimate use in construetion. The contraet provided: “The U.S. of

America to furnish at its present location on the reservation at U.S.

Nitrate Plant No. 2, all other construction materials, the contractor

to perform all necessary labor required in_ transporting such mate-

rials to the proper place for use in construction, the U.S. of America

at all times to furnish the necessary right of way for ingress or

egress to the place of present storage of such materials and the place

of ultimate use in construction.”

The right of way which the United States furnished to the plain-

tiff consisted of railroad tracks running from the side of the work

to the storage yards. During the progress of the work the plaintiff,

in order to keep the tracks in proper condition for the transportation

of materials, was obliged to expend the sum of $705.50 for labor in

repairing railroad tracks and $700.66 for making repairs to equip-

ment damaged by reason of the defective tracks; and it also ex-

pended the further sum of $1,653.49 for labor in connection with de-

railments. When the plaintiff submitted its bids its representative

was on the site of the work and saw what the condition of the right

of wav was. ;

There is nothing in the contract which obligated the Government

to maintain the tracks. It is not denied that the right of way was

furnished. An agreement to furnish a right of way does not earry

with it the obligation to maintain it: and there was no breach of

contraet on the part of the Government, and consequently the plain-

tiff can not recover on this claim.

46

The second claim is for alleged extra work in the construction of

wood trestle due to change in size and number of bents, and the di-

rection to use old and salvaged lumber. This claim amounts to

$8,356.30, and is avowedly a claim for extra work. The facts are

fully set forth in Finding III. As to extra work the contract pro-

| fol. 74] vides as follows: “No charge for any extra work will be al-

lowed unless the same has been ordered in writing by the officer in

charge, the price tated in the order, and aecepted by the contractor.”

This extra work, if it was extra work, was not ordered in writing by

the officer in charge. In order to recover for extra work the terms

of the contract must be complied with.

The next claim is for extra cost of coment. This claim is based

upon the idea that beeause the price of cement went up between the

time of submitting the bid and the time of signing of the contract,

the United States is responsible and must make good to the plaintifi

the rise in price. The contract was signed by the plaintiff twenty-

three days after the bid was submitted. The plaintiff made ne com-

plaint as to the delay, and moreover the plaintiff knew when it sub-

mitted its bid that the price of cement was fluctuating. With full

knowledge of this fact the plaintiff can not be heard to complain of

of the cost of cement. The mere statement of this claim refutes its

validity.

The next claim is that the Government did not furnish the coal

which the plaintiff had te use during the performance of the work.

The plaintiff claims that coal was a part of the material whieh the

Government agreed to furnish. There is a schedule attached to the

contract and made a part of it which recites the materials whieh

the United States was to furnish; coal is not one of the materials

there recited. Moreover the coal was used to operate the locomotives

and other equipment furnished the plaintiff by the Government,

and it is expressly provided in the contract that the plaintiff should

“provide all fuel and men to operate” them. The plaintiff made

this claim to the officer in charge who decided against it. The eon-

tract provides as follows:

“Unless otherwise specifieally set forth the contractor shall fur-

nish all materials, labor, ete.. necessary to fully complete the work

according to the true intent and meaning of the drawings and speci-

fications, of which intent and meaning the officer in charge shall be

the interpreter. Except when otherwise indicated no local terms or

clavsifieations will be considered in the interpretation of the contract

or the specifications forming a part thereof.”

The plaintiff must abide by the decision of the officer in charge.

The next claim is for materials which the Government alleges

were not returned as provided for in the contract, and for which

in the final settlement the plaintiff was charged the sum of $1,493.68.

The plaintiff claims -hat the materials were returned. A list of this

material was submitted to the plaintiff. which has been carefully

checked by the Government. It does not appear from the evidence

that these materials were returned, and under the terms of the

’

Se ae

— a

47

contract the Government had the right to withhold from the plaintiff

the value of these materials.

The next claim is for delay in arranging for plaintiff’s starting

work. The plaintiff was to commence work on June 10, 1920, it

started work on June 13, 1920. The delay was not unreasonable

nor does it satisfactorily appear that the delay was wholly caused

by the Government. The plaintiff made no protest nor com rlaint

at the time and did not file its claim until Mareh 14, 1921. We do

not think it is entitled to recover.

(fol. 75] The next claim is for delay due to a change in Jans for a

fill. The facts as to this delay are set out in Finding VIII. A sup-

plemental contract was entered into by the plaintiff with the United

States to cover the extra work made necessary by the change in

plans, and the plaintiff was paid the sum of $2,515.54 under the

terms of that contract. At the time of the making of this contract

the plaintiff made no claim for delay and no protest was made by it

at that time. The general work went on, no idleness resulted, and it

does not appear that the plaintiff was damaged by reason of the

change in the plan.

The next two claims are for alleged delays in recaleulating the

amounts of conerete for coke hoppers and in connection with the

change of plans for making earth fill for railroad tracks at river

power house. In both of these cases the plaintiff entered into supple-

mental contracts with the United States and was paid in full for its

work under the terms of those contracts. No claim was made by

the plaintiff on account of delay when these contracts were signed

by it, nor at any time until March 14, 1921. No idleness of em-

plovees resulted nor was the plaintiff damaged.

The petition must be dismissed. It is so ordered.

Downey, Judge; Booth, Judge. and Campbell, Chief Justice.

coneur.

| fol. 76) V. JupGMENtT

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 and adjudge that the plaintiff, 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

petition herein be and the same hereby is dismissed :-And it is fur-

ther ordered and adjudged that the United States shall have and

recover of and from the plaintiff, as aforesaid, the sum of One hun-

dred and fourteen dollars and eleven cents ($114.11), the cost of

printing the record in this court, to be collected by the clerk, as pro-

vided by law.

By the Court.

48

VI. Proceepincs AFTER THE ENTRY OF JUDGMENT

On June 25, 1924, the plaintiff filed a motion for a new trial.

On October 20, 1924, the court entered the following order:

It is ordered by the court this 20th day of October, 1924, that the

plaintiff's motion for new trial be and the same is overruled.

|fol. 77] VIL. Peririon ror Apreat—Filed January 5, 1925

The plaintiff, the Union Insulating & Construction Co., a corpora-

tion, does hereby make application for appeal to the Supreme Court

of the United States from judgment of the Court of Claims, and prays

that an order may be entered herein allowing the appeal of the plain-

tiff to the Supreme Court of the United States.

Union Insulating & Construction Co., a Corporation, Plain-

tiff, by Edmund D. Adcock, George I. Haight, Its At-

torneys.

VILL. Orper ALLowInG APPEAL

It is ordered by the court this 12th day of January, 1925, that the

plaintiff's appiication for appeal be and the same is allowed.

| fol. 78} Ix Court or Claims

| Title omitted ]

CLERK’s CERTIFICATE

I, F. C. Kleinschmidt, Assistant Clerk Court of Claims, certify

that the foregoing are true 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 proceedings had after the entry

of judgment; of the plaintiff's application for an appeal; of the order

of the court allowing plaintiffs application for appeal.

In testimony whereof T have hereunto set my hand and affixed

the seal of said Court at Washington City January 13, 1925.

F.C. Kleinsehmidt, Assistant Clerk Court of Claims. (Seal

of Court of Claims. )

Endorsed on cover: File No. 30,840. Court of Claims. Term

No. 263. Union Insulating & Construction Company, Appellant

vs. The United States. Filed January 30, 1925. File No. 30,840

(6966)

seit lleean eh ois SM ll

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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