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o Ah {Personal Security Personal Liberty Peri«onal Property O Rights of Person (Rights in personam) o society and can reach perfection only when society develops' morally far beyond its present condition. 36 Notes on Contracts and Specifications The net practical results of the ethical development of any nation must be judged by the resulting conditions. Social conditions which will permit of so much crime and poverty as now exist in every coun- try, are not ideal and these conditions which now obtain are undoubt- edly largely due to the unethical legal and social organization of so- ciety and to ignorance of how best to accomplish the desired results, and unwillingness to waive personal advantage in favor of moral obli- gations. In every society there are individuals who fail to recognize, or at least to exercise, even those ethical and moral obligations which are regarded as well founded by the society in which they live, and who undoubtedly accomplish certain desired results and derive certain profits and apparent advantages by such disregard. Humanity is weak, and few individuals have lived active lives in constant contact with their fellow men, who have always observed those ethical obligations which they in their conscience recognize as morally just and equitable. § 3. Formation of Individual Principles.^It is essential that every individual who is to take part in business or professional life should adopt or form individual principles of action for guidance in his relations to others with whom he must necessarily come in contact, for without such principles he will not be able to act promptly and he will be uncertain in his relation to men, and often be led into embar- rassing positions with possible loss of his self-respect and reputation. The principles to be adopted should be sound and, at least until sub- stantiated by personal experience, should be based on the consensus of opinion of those men to whom the individual looks up with confidence and respect. Without such principles mistakes are certain and the individual may be led into a course of action which will seriously affect his future. The first step in unethical conduct is often inadvertent and is made through ignorance. Conditions often render further departure ap- parently expedient or necessary. The moral ideals become blunted, and ethical principles are ignored because of the unethical attitude of asso- cia^tes and competitors, and are ignored with the thought or expression that "If we go to Rome we must do as the Romans/' or 'Tf we do not do this some one else will," and on such false ideas the downward path begins, and ends where? There can be no question that as a basis of a successful life, and entirely apart from moral and religious ideals, "Honesty is the best policy." Even those who have occasion to use dishonest services cast Personal Relations 37 them aside when their immediate use is over, well knowing" that he who will sell himself once may do so a second time, and to the detriment of his first employer. The incidental and apparent profit which may tem- porarily accrue from unethical conduct so dwarfs the intellects of those who yield to its temptation that it is bound to lead to moral and profes- sional ruin. It is therefore essential in business and in professional life that the individual be honest, preferably from an ethical and moral stand- point, but if not from this point of view, then certainly from the stand- point of policy. At the best, life is brief, and true usefulness and happiness should be its aim, and while the engineer or other professional or business man may acquire comparatively little wealth, he can and should own himself, and his dearest possession should be a spotless reputation. Honesty and integrity lead to dependability. No amount of knowledge or work can take the place of these attributes. The man who can be depended upon is ever in demand, and if he has also acquired a high degree of knowledge and experience and an appetite for hard work, his true success, barring accidents, is assured. § 4. Conduct of Professional Practice. — The conduct of the engineer or architect in the practice of his profession should be gov- erned by a strict regard for the rights of others and an appreciation of the duties he, as a professional man, owes to all with whom he has busi- ness relations. The x\merican Institute of Architects offers certain advice relative to the principles of professional practice, which they recommend to their members.^ In most respects this advice is directly applicable to engineering practice as well. While these principles may not seem directly applicable to the conduct of the young engineer in minor professional positions, they contain the basic principles on which all such conduct should rest, and if read in connection with the codes of ethics which follow, will furnish the necessary information for the proper course of individual action in most cases. The American Institute of Architects, seeking to maintain a high standard of practice and conduct on the part of its members as a safeguard of the important financial, technical and esthetic inter- 1 Reprinted from the "Quarterly Bulletin" of the American Institute of Architects, Adopted by the Institute at the Washington convention, Dec. 14-16, 1909. 38 Notes on Contracts and Specifications ests entrusted to them, offers the following advice relative to pro- fessional practice : The profession of architecture calls for men of the highest integrity, business capacity and artistic ability. The architect is entrusted with finan- cial undertakings in which his honesty of purpose must be above suspicion; he acts as professional adviser to his client and his advice must be abso- lutely disinterested; he is charged with the exercise of judicial functions as between client and contractors and must act with entire impartiality; he has moral responsibilities to his professional associates and subordi- nates; finally, he is engaged in a profession which carries with it grave responsibility to the public. These duties and responsibilities cannot be prop- erly discharged unless his motives, conduct and ability are such as to com- mand respect and confidence. No set of rules can be framed which will particularize all the duties of the architect in his various relations to his clients, to contractors, to his professional brethren, and to the public. The following principles should, however, govern the conduct of members of the profession and should serve as a guide in circumstances other than those enumerated: 1. Architecfs Sitatns. — The architect's relation to his client is primarily that of professional adviser; this relation continues throughout the entire course of his service. When, however, a contract has been executed between his client and a contractor by the terms of which the architect becomes the official interpreter of its conditions and the judge of its performance, an additional relation is created under which it is incumbent upon the architect to side neither with client nor contractor, but to use his .powers under the contract to enforce its faithful performance by both parties. The fact that the architect's payment comes from the client does not invalidate his obli- gation to act with impartiality to both parties. 2. Preliminary Dratvings and Estimates. — The architect at the outset should impress upon the client the importance of sufficient time for the preparation of drawings and specifications. It is the duty of the architect to make or secure preliminary estimates when requested, but he should acquaint the client with their conditional character and inform him that complete and final figures can be had only from complete and final drawings and specifications. If an unconditional limit of cost be imposed before such drawings are made and estimated, the architect must be free to make such adjustments as seem to him necessary. Since the architect should assume no responsibility that may prevent him from giving his client disinterested advice, he should not, by bond or otherwise, guarantee any estimate or contract. 3. Superintendence and Expert Services. — On all work except the sim- plest, it is to the interest of the owner to employ a superintendent or clerk- of-the-works. In many engineering problems and in certain specialized esthetic problems, it is to his interest to have the services of special experts and the architect should so inform him. The experience and special knowl- edge of the architect make it to the advantage of the owner that these per- Personal Relations 39 sons, although paid by the owner, should be selected by the architect under whose direction they are to work. 4. The ArchitecVs Charges. — The Schedule of Charges of the American Institute of Architects is recognized as a proper minimum of payment. The locality or the nature of the work, the quality of services to be rendered, the skill of the practitioner or other circumstances frequently justify a higher charge than that indicated by the schedule. 5. Payment for Expert Service. — The architect when retained as an ex- pert, whether in connection with competitions or otherwise, should receive a compensation proportionate to the responsibility and difficulty of the service. No duty of the architect is more exacting than such service, and the honor of the profession is involved in it. Under no circumstances should experts knowingly name prices in competition with each other. 6. Selection of Bidders or Contractors. — The architect should advise the client in the selection of bidders and in the award of the contract. In ad- vising that none but trustworthy bidders be invited and that the award be made only to contractors who are reliable and competent, the architect pro- tects the interests of his client. 7. Duties of the Contractor. — As the architect decides whether or not the intent of his plans and specifications is properly carried out, he should take special care to see that these drawings and specifications are complete and accurate, and he should never call upon the contractor to make good oversights or errors in them nor attempt to shirk responsibility by indefinite clauses in the contract or specifications. 8. Engaging in the Building Trades. — The architect should not directly or indirectly engage in any of the building trades. If he has any financial interest in any building material or device, he should not specify or use it without the knowledge and approval of his client. 9. Accepting Commissions or Favors. — The architect should not receive any commission or any substantial service from a contractor or from any interested person other than his client. 10. Encouraging Good Workmanship. — The large powers with which the architect is invested should be used with judgment. While he must con- demn bad work, he should commend good work. Intelligent initiative on the part of craftsmen and workmen should be recognized and encouraged and the architect should make evident his appreciation of the dignity of the artisan's function. 11. Offering Services Gratuitiously. — The seeking out of a possible client and the offering to him of professional service on approval and without com- pensation, unless warranted by personal or previous business relations, tends to lower the dignity and standing of the profession and is to be condemned. 12. Advertising. — Advertising tends to lower the dignity of the profes- sion and is therefore condemned. 13. Signing Buildings and Use of Titles. — The display of the architect's name upon a building under construction is condemned, but the unobtrusive signature of buildings after completion has the approval of the Institute. The 40 Notes on Contracts and Specifications use of initials designating membership in the institute is proper in connec- tion with any professional service and is to be encouraged as helping to make known the nature of the honor they imply. 14. Competitions. — An architect should not take part in a competition as competitor or professional adviser or juror unless the competition is to be conducted according to the best practice and usage, of the profession as formulated by the institute. Except as an authorized competitor, he may not attempt to secure work for which a competition has been instituted. He may not attempt to influence the award in a competition in which he has submitted drawings. He may not accept the commission to do the work for which a competition has been instituted if he has acted in an advisory capacity either in drawing the program or in making the award. 15. Injuring Others — An architect should not falsely or maliciously in- jure directly or indirectly, the professional reputation, prospects or business of a fellow architect. 16. Undertaking the Work of Others. — An architect should not under- take a commission while the claim for compensation or damages, or both, of an architect previously employed and whose employment has been ter- minated remains unsatisfied, unless such claim has been referred to arbi- tration or issue has been joined at law; or unless the architect previously employed neglects to press his claim legally; nor should be attempt to sup- plant a fellow architect after definite steps have been taken toward his employment. 17. Duties to Students and Draftsmen. — The architect should advise and assist those who intend making architecture their career. If the beginner must get his training solely in the office of an architect, the latter should assist him to the best of his ability by instruction and advice. An architect should urge his draftsmen to avail themselves of educational opportunities. He should, as far as practicable, give encouragement to all worthy agencies and institutions for architectural education. While a thorough technical preparation is essential for the practice of architecture, architects cannot possibly insist too strongly that it should rest upon a broad foundation of general culture. 18. Duties to the Puhlic and to Building Authorities. — An architect should be mindful of the public welfare and should participate in those move- ments for public betterment in which his special training and experience qualify him to act. He should not, even under his client's instructions, en- gage in or encourage any practices contrary to law or hostile to the public interest; for as he is not obliged to accept a given piece of work, he cannot, by urging that he has but followed his client's instructions, escape the con- demnation attaching to his acts. An architect should support all public offi- cials who have charge of building in the rightful performance of their legal duties. He should carefully comply with all building laws and regulations, and if any such appear to him unwise or unfair, he should endeavor to have them altered. Personal Relations 41 19. Professional Qualifications. — The public has the right to expect that he who bears the title of architect has the knowledge and ability needed for the proper invention, illustration and supervision of all building operations which he may undertake. Such qualifications alone justify the assumption of the title of architect. § 5. Code of Ethics. — Within the last ten years (1916) the dis- cussions of professional ethics have crystalized in many technical socie- ties and various codes of ethics have been adopted. These codes do not presume to define all of the duties and obligations of the individual toward life, but express as far and as clearly as practicable the principles which should govern the professional relations of the engineer or archi- tect to his client or employer, to other professional men, and to the pub- lic. While in general these codes are intended to apply to the con- duct of the professional man in independent practice, they also afford valuable suggestions to the young engineer or architect as to his personal course of conduct. They are not an ideal to be approximated, but constitute a standard which should be the positive rule of conduct for all who aspire to high professional standing. § 6. The Canons of Ethics of the American Institute of Archi- tects. — The following canons are adopted by the American Institute of Architects as a general guide, yet the enumeration of particular du- ties should not be construed as a denial of the existence of others equally important although not specifically mentioned. It should also be noted that the several sections indicate offenses of greatly varying degrees of gravity. It is unprofessional for an architect — 1. To engage directly or indirectly in any of the building trades. 2. To guarantee an estimate or contract by bond or otherwise. 3. To accept any commission or substantial service from a contractor or from any interested party other than the owner. 4. To advertise. 5. To take part in any competition the terms of which are not in harmony with he principles approved by the Institute. 6. To attempt in any way, except as a duly authorized competitor, to secure work for which a competition is in progress. 7. To attempt to influence, either directly or indirectly, the award of a competition in which he is a competitor. 8. To accept the commission to do the work for which a competition has "been instituted if he has acted in an advisory capacity, either in drawing the program or in making the award. 9. To injure falsely or maliciously, directly or indirectly, the profes- sional reputation, prospects or business of a fellow architect. 42 Notes on Contracts and Specifications 10. To undertake a commission while the claim for compensation or damages, or both, of an architect previously employed and whose employ- ment has been terminated remains unsatisfied, until such claim has been referred to arbitration or issue has been joined at law, or unless the archi- tect previously employed neglects to press his claim legally. 11. To attempt to supplant a fellow architect after definite steps have been taken toward his employment. 12. To compete knowingly with a fellow architect for employment on. the basis of professional charges. § 7. Code of Professional Ethics of The American Institute of Consulting Engineers.- — It shall be considered unprofessional and inconsistent with honorable and dignified bearing for any member of The American Institute of Consulting Engineers : 1. To act for his clients in professional matters otherwise than in a strictly fiduciary manner or to accept any other remuneration than his direct charges for services rendered his clients, except as provided in Clause 4. 2. To accept any trade commissions, discounts, allowances, or any indi- rect profit or consideration in connection with any work which he is engaged to design or to superintend, or in connection with any professional business which may be entrusted to him. 3. To neglect informing his clients of any business connections, interests or circumstances which may be deemed as influencing his judgment or the quality of his services to his clients. 4. To receive, directly, or indirectly, any royalty, gratuity, or commission on any patented or protected article or process used in work upon which he is retained by his clients, unless and until receipt of such royalty, gratuity or commission has been authorized in writing by his clients. 5. To offer commissions or otherwise improperly solicit professional work either directly or by an agent. G. To attempt to injure falsely or maliciously, directly or indirectly, the professional reputation, prospects or business of a fellow engineer. 7. To accept employment by a client while the claim for compensation or damages, or both, of a fellow engineer previously employed by the same client and whose employment has been terminated, remains unsatisfied or until such claim has been referred to arbitration or issue has been joined at law or unless the engineer previously employed has neglected to press his claim legally. 8. To attempt to supplant a fellow engineer after definite steps have been taken toward his employment. 9. To compete with a fellow engineer for employment on the basis of professional charges by reducing his usual charges and attempting to under- bid after being informed of the charges named by his competitor. Authorized by the council, June 23, 1911. Personal Relations 43 10. To accept any engagement to review the work of a fellow engineer for the same client, except with the knowledge or consent of such engineer or unless the connection of such engineer with the work has been terminated. § 8. Code of Principles of Professional Conduct of The Amer- ican Institute of Electrical Engineers." — While the following prin- ciples express, generally the engineer's relations to client, employer, the public, and the engineering fraternity, it is not presumed that they define all of the engineer's duties and obligations. (A) General Principles. 1. In all of his relations the engineer should be guided by the highest principles of honor. 2. It is the duty of the engineer to satisfy himself to the best of his ability that the enterprises with which he becomes identified are of legitimate character. If after becoming associated with an enterprise he finds it to be of questionable character, he should sever his connection with it as soon as practicable. (B) The Engineer's Relations to Client or Employer. 3. The engineer should consider the protection of a client's or em- ployer's interests his first professional obligation, and, therefore, should avoid every act contrary to this duty. If any other considerations, such as profes- sional obligations or restrictions, interfere with his meeting the legitimate expectation of a client or employer, the engineer should inform him of the situation. 4. An engineer cannot honorably accept compensation, financial or otherwise, from more than one interested party, without the consent of all parties. The engineer, whether consulting, designing, installing or operating, must not accept commissions, directly or indirectly, from parties dealing with his client or employer. 5. An engineer called upon to decide the use of inventions, apparatus, or anything in which he has a financial interest, should make his status in the matter clearly understood before engagement. 6. An engineer in independent practice may be employed by more than one party, when the interests of the several parties do not conflict; and it should be understood that he is not expected to devote his entire time to the work of one, but is free to carry out other engagements. A consulting engi- neer permanently retained by a party, should notify others of the affiliation before entering into relations with them, if, in his opinion, the interests might conflct, 7. An engineer should consider it his duty to make every effort to rem- edy dangerous defects in apparatus or structures or dangerous conditions of operation, and should bring these to the attention of his client or employer. 3 Adopted by the board of directors, March 8, 1912. 44 Notes on Contracts and Specifications (C) Ownership of Engineiering Rbxords and Data. 8. It is desirable that an engineer undertaking for others work in con- nection with which he may make improvements, inventions, plans, designs, or other records, should enter into an agreement regarding their ownership. 9. If an engineer uses information which is not common knowledge or public property, but which he obtains from a client or employer, the results in the forms of plans, designs or other records, should not be regarded as his property, but the property of his client or employer. 10. If an engineer uses only his own knowledge, or information, which by prior publication, or otherwise, is public property and obtains no engi- neering data from a client or employer, except performance specifications or routine information, then in the absence of an agreement to the contrary the results in the form of inventions, plans, designs, or other records, should be regarded as the property of the engineer, and the client or employer should be entitled to their use only in the case for which the engineer was retained. 11. All work and results accomplished by the engineer in the form of inventions, plans, designs, or other records, that are outside of the field of engineering for which a client or employer has retained him, should be re- garded as the engineer's property unless there is an agreement to the contrary. 12. When an engineer or manufacturer builds apparatus from designs supplied to him by a customer, the designs remain the property of the cus- tomer and should not be duplicated by the engineer or manufacturer for others without express permission. When the engineer or manufacturer and a customer jointly work out designs and plans or develop inventions a clear understanding should be reached before the beginning of the work regard- ing the respective rights of ownership in any inventions, designs, or matters of similar character, that may result. 13. Any engineering data or information which an engineer obtains from his client or employer, or which he creates as a result of such infor- mation, must be considered confidential by the engineer; and while he is justified in using such data or information in his own practice as forming part of his professional experience, its publication without express permis- sion is improper. , 14. Designs, data, records and notes made by an employee and referring exclusively to his employer's work, should be regarded as his employer's property. 15. A customer, in buying apparatus, does not acquire any right in its design but only the use of the apparatus purchased. A client does not ac- quire any right to the plans made by a consulting engineer except for the specific case for which they were made. (D) The Engineer's Relations to The Public. 16. The engineer should endeavor to assist the public to a fair and correct general understanding of engineering matters, to extend the general knowledge of engineering, and to discourage the appearance of untrue, un- Personal Relations 45 fair or exaggerated statements on engineering subjects in the press or else- where, especially if those statements may lead to, or are made for the pur- pose of, inducing the public to participate in unworthy enterprises. 17. Technical discussions and criticisms of engineering subjects should not be conducted in the public press, but before engineering societies, or in the technical press. 18. It is desirable that the first publication concerning inventions or other engineering advances should not be made through the public press, but before engineering societies or through technical publications. 19. It is unprofessional to give an opinion on a subject without being fully Informed as to all the facts relating thereto and as to the purposes for which the information is asked. The opinion should contain a full state- ment of the conditions under which it applies. (E) The ExGI^^EER's Relations to The Engineering Fraternity. 20. The engineer should cake an interest in and assist his fellow engi- neers by exchange of general information and experience, by instruction and similar aid, through the engineering societies or by other means. He should endeavor to protect all reputable engineers from misrepresentation. 21. The engineer should take care that credit for engineering work is attributed to those who, so far as his knowledge of the matter goes, are the real authors of such work. 22. An engineer in responsible charge of work should not permit non- technical persons to overrule his engineering judgments on purely engineer- ing grounds. (P) Amendments. Additions to, or modifications in, this Code may be made by the Board of Directors under the procedure applying to a by-law. § g. Code of Ethics Suggested for The American Institute of Chemical Engineers (1913). — Purpose of the Code: To define the rules of professional conduct and ethics for the members of the Institute. The Institute expects of its members: 1. That in all of their relations, they shall be guided by the highest principles of honor. 2. The upholding before the public at all times of the dignity of the chemical profession generally and the reputation of the Institute, protecting its members from misrepresentaion. 3. Personal helpfulness and fraternity between its members and toward the profession generally. 4. The avoidance and discouragement of sensationalism, exaggeration and unwarranted statements. In making the first publication concerning in- ventions or other chemical advances, they should not be made through the public press, but through chemical societies and technical publications. 46 Notes on Contracts and Specifications o. The refusal to undertake for compensation, work which he believes will be unprofitable to a client without first advising said client as to the improbabilty of successful results. 6. The upholding of the principle, that unreasonably low charges for pro- fessional work tends toward inferior and unreliable work, especially if such charges are set at a low figure for advertising purposes. 7. The refusal to lend their names to any questionable enterprise. 8. Conservatism in all estimates, reports, testimony, etc., especially in connection with the promotion of business enterprises. 9. That they shall not engage in any occunation which is obviously con- trary to law or public welfare. IQ. When a chemical engineer undertakes for others work in connection with which he may make improvements, inventions, plans, designs or other records, he should enter into a written agreement with regard to their owner- ship; and when it is subsequently found that such an agreement does not cover a point at issue, the following rules shall apply: a. If a chemical engineer uses information which is not common knowl- edge or public property, but which he obtains from a client or employer, the results in the form of plans, designs or other records shall not be regarded as his property, but the property of his client or employer. b. If a chemical engineer uses only his own knowledge or information or data, w^hich by prior publication or otherwise are public property, and obtains no chemical engineering data from a client or employer except per- formance specifications or routine information, then the results in the form in inventions, plans, designs or other records should be regarded as the property of the engineer and the client or employer should be entitled to their use only in the case for which the engineer was retained. c. All work and results accomplished by the chemical engineer in the form of inventions, plans, designs or other records, or outside of the field for which a client or employer has retained him, should be regarded as the chemical engineer's property. d. When a chemical engineer participates in the building of apparatus from designs supplied him by a client, the designs remain the property of the client and should not be duplicated by the designer or anyone representing him for others without express permission. e. Chemical engineering data or information w-hich a chemical engineer obtains from his client or employer or which he creates as a result of such information must be considered confidential by the engineer; and while he is justified in using such data or information in his own practice as forming part of his professional experience, its publication without express permission is improper. f. Designs, data, records and notes made by an employee and referring to his employer's work, should be regarded as his employer's property. g. A client does not acquire any exclusive right to plans or apparatus made or constructed by a consulting chemical engineer except for the specific case for which they were made. Personal Relations 47 11. A chemical engineer cannot honorably accept compensation, financial or otherwise, from more than one interested party, without the consent of all parties; and whether consulting, designing, installing or operating, must not accept compensation directly or indirectly from parties dealing with his •client* or employer. When called upon to decide on the use of inventions, apparatus, pro- cesses, etc., in which he has a financial interest, he should make his status in the matter clearly understood before engagement. 12. The chemical engineer should endeavor at all times to give credit for work to those who, so far as his knowledge goes, are the real authors of such work. 13. Undignified, sensational or misleading advertising should be dis- couraged. 14. Contracts made by chemical engineers should be subject to the Code of Ethics. For the administration of this Code of Ethics, a Committee on Ethics shall be appointed by the president holding office at the time of the adoption of this Code, to consist of five members; one appointed for five years, another for four years, another for three years, another for two years, another for one year, and thereafter, the president then holding office shall appoint one member annually to serve for five years and also fill such vacancies as may occur for the unexpired term. Three of these members shall be over forty- five years of age. The committee shall elect its own chairman. The Com- mittee on Ethics shall investigate all complaints submitted to them bearing upon the professional conduct of any member, and after a fair opportunity to be heard has been given to the member involved, shall report its findings to the Council, whose action shall be final. § lo. Code of Ethics Adopted by American Society of CA^il Engineers, Septemiber 2, 1914. — It shall be considered unprofes- sional and inconsistent with honorable and dignified bearing for any member of the American Society of Civil Engineers : 1. To act for his clients in professional matters otherwise than as a faithful agent or trustee, or to accept any remuneration other than his stated charges for services rendered his clients. 2. To attempt to injure falsely or maliciously, directly or indirectly, the professional reputation, prospects, or business, of another engineer. 3. To attempt to supplant another engineer after definite steps have been taken toward his employment. 4. To compete with another engineer for employment on the basis of professional charges, by reducing his usual charges and in this manner at- tempting to underbid after being informed of the charges named by another. 5. To review the work of another engineer for the same client, except with the knowledge or consent of such engineer, or unless the connection of such engineer with the work has been terminated. 6. To advertise in self-laudatory language, or in any other manner derog- atory to the dignity of the profession. 48 Notes on Contracts and Specifications § II. Questions in Ethics. — It is reasonably assumed that no one who is interested in the discussion of Ethics would deliberately fol- low courses of conduct which are clearly and undoubtedly wrong. In many cases, a given course of conduct is so obviously right or wrong that no choice exists for any honorable man : he must pursue a certain line of conduct. Conduct may vary from such obvious conditions to those in which the questions of right and wrong are so indistinct that opin- ions may justly vary, concerning the matter wdiich, in extreme cases, may even become simply matters of the individual conscience. The application of ethical rules as adopted by the various engineer- ing societies while obvious in the abstract are not always so obvious in their application ; and those applications which may be obvious to the man of affairs may not be apparent to the young man just entering practical life. Certain concrete conditions have therefore been stated, on some of which it seems desirable that the student should express his opinion, and the answers, after being examined, should be discussed in the class and the ethics of the situation ex- plained. By a thoughtful consideration of such questions and a full discussion of the same, the student will gain a more correct view of ethical principles than is possible by the study of a state- ment of the abstract principles. 1. A young engineer applied for a position that was to last six months, and secured the appointment in active competition with several others. After he had worked at the job for a month, he was offered an opportunity to greatly better his salary in another city. As he was financially irrespon- sible, he could easily leave without fear of legal action. Should he accept or decline the new offer, and why? 2. Assume that an engineer were an applicant for a certain position and were asked concerning the standing and qualifications of another engineer for the same position, concerning whom he has heard unfavorable reports. Should he give the information he possesses? 3. A young engineer was employed for some years with an engineering firm and acquired considerable experience in their specialty. A party desiring some work done along that line, and hoping to secure the same at a low figure, proposed that the young engineer take up this work at odd times, inde- pendently of his employers who, as business was somewhat dull, could spare a part of his services. Was he justified in accepting such work, and why? 4. If an engineer is employed for a portion of his time by a state to examine and pass upon plans for work, on which he is supposed to be expert and over which the state has assumed a certain control, is he justified in seeking to practice his profession by undertaking to prepare plans and speci- fications for work along similar lines and within the same state? Personal Relations 49 5. Should or should not an engineer who has prepared plans and speci- fications for a piece of work, bid on the same as a contractor, and why? 6. Plans and specifications were prepared by a firm of engineers for a water works system for a small city, and bids were invited. Another engi- neer, acting with a contractor, made plans for a cheaper system and attempted to secure the contract through their ability to do the work on the cheaper system at a less price than could be made by the other contractors on the official plans. Was the other engineer justified in his conduct, and why? 7. A company which had employed an engineer to prepare plans and specifications for certain work became dissatisfied and uncertain as to the safety of the plans he had proposed. In the absence of the engineer, and without advising him as to their intention, they called in another engineer, explaining in their letter that they desired him to check up the plans and advise them as to their safety and sufficiency. Should the second engineer accept or decline the service, and on what grounds? 8. A second company under similar circumstances, and with the con- sent of their engineer, called for similar services from another engineer, who accepted and found the works proposed would be perfectly safe but that while it was not obvious, yet he could easily show that a considerable sum of money could be saved and the plant made much more satisfactory by cer- tain minor changes. Such changes in plans would, however, probably reflect to some extent on the engineer of the work, and if the plans were allowed to stand, the possible saving or improvement would never be known. Was it or was it not the duty of the consulting engineer to call the attention of the company to the defect, at the expense of his fellow engineer's reputation? 9. An investigation was made of a contemplated irrigation project and a favorable report was duly submitted by an irrigation engineer to a develop- ment company. Another engineer was called to make surveys, prepare plans and specifications and to supervise construction. After considerable prog- ress had been made in the detailed investigations, the engineer became con- vinced that the preliminary report was greatly in error and that the project could not be a success financially. His opinion was submitted to the devel- opment company, and they instructed him to keep his report confidential and to continue the work, with the intention of selling sufficient land to protect themselves from financial loss of the money already invested and perhaps be able to secure a profit. Was the engineer justified or not in continuing the work under such conditions, and why? 10. An engineer, having examined a water power project, reported to his clients that in his opinion the cost of development and other conditions would make the ccst of the possible power output too great to make the project financially satisfactory. His opinion was accepted, and the matter was dropped by the client. Later, the same project was taken up by a power company, and the same engineer was asked to take charge of the development. What was his duty in the premises, and why? 11. A manufacturer offered an engineer a commission of ten per cent on all the material that might be used on a contract, provided his special brand 50 Notes on Contracts and Specifications of material was specified. If the engineer knew or believed that the material was equal to any similar material on the market, would he be justified in ac- cepting the offer, and w^hy? 12. Would he be so justified if he knew the material was equal to any on the market, and would not cost more than other materials of the same kind? 13. If a similar offer were made to a contractor to specify certain ma- terials with his bid, would he be justified in acceptng the same, and why? 14. A company asked two engineers to name the price at which they would agree to prepare plans for a certain piece of work. Each engineer, without knowledge of the other, estimated that the work should reasonably be worth the sum of $2,000, at which price one of them submitted his prop- osition. The other, before submitting his proposal, accidentally heard that the same price had been named by his competitor, and being desirous of se- curing the work, reduced his price to $1,900. Was he justified in such reduc- tion, and why? 15. If the above w^ork was worth $2,000 at current professional charges, and an engineer knowing this and without knowledge of the price named by others, was so desirous to secure the work that he was willing to reduce his charges to $1,500, would he be justified in such reduction, and why? 16. An engineer was about to let a contract for certain expensive machin- ery. He was very familiar with similar machinery made by a number of first class manufacturers, but was unfamiliar with that made by one concern whose reputation was, he knew, first class. The company', anxious to stand on an equal footing with others, offered to pay all the necessary expenses of the engineer to visit several places where their machines were in use, including a trip to their factory, where a similar machine was under con- struction. If the engineer desired such information, and could conveniently make the trip, should he accept or decline the invitation, and why? 17. If the engineer made the trip above outlined, either at his own ex- pense or at the expense of the company, and during the trip was invited by the representatives of the company to take various side trips for pleasure and to accept various costly entertainment at the expense of the company's representatives or of the company itself, should he accept or decline, and why? 18. Should an engineer accept, to any extent, minor favors (cigars, theatre tickets, etc.) of a contractor or those who are liable to become con- tractors on his work, and if so, to what extent? 19. A contractor named a price of $50,000 for performing a piece of work for a company, for w^hich he was willing to take the Company's notes. The notes, he found, could be discounted at the local bank so as to net the con- tractor $49,000. The manager of the company, after consulting with the cashier of the bank, offered through the cashier to award the contractor the contract at $52,000, provided he would allow the bank a total discount at the bank of $3,000, in w^hich event the contract would still net the contractor $49,000. Should the contractor take the contract under such conditions, and why? Personal Relations 51 20. If under the above conditions the cashier advised the contractor that the manager was to receive half the discount which the bank made, what should be the contractor's attitude toward the contract, and why? 21. An engineer of reputation was asked by a banking house to take charge of certain engineering work, no price being agreed upon for his sal- ary. He by chance learned that the bankers would not object to a charge of twenty-five per cent in excess of his regular charges. Would he be war- ranted in increasing his charges beyond his usual basis? 22. In a similar case, a company was so desirous of an engineer's serv- ices that they offered him fifty per cent more than his customary charges. He would have been glad to accept the appointment at his regular charges. Was he warranted in accepting the advance? 23. An hydraulic engineer, under an agreement with a village, prepared plans for a water works system. To pay for a part of the work involved, village bonds were issued. The officials of the village asked the engineer If he would assist them in the disposal of the bonds, and he agreed to do so if he conveniently could. He spoke to several bankers, who did not care to buy the bonds, and finally meeting the representative of a bond house, told him of the bonds which the village desired to sell. The bond house purchased these bonds at a price mutually satisfactory to themselves and the village. Afterward the president of the bond company, meeting the engineer, told him that they had bought the bonds at a very satisfac- tory price, and asked him to call at their office as the bond company desired to give the engineer a check for one hundred dollars. Should the engineer have accepted or rejected the check, and why? 24. A agreed to buy a farm of B for $5,000, paying $1,000 cash, and made a written agreement to meet B on a certain date and either complete arrangements by giving a mortgage for the balance or to forfeit the amount paid. Before the date of meeting, B, relying on A's agreement, refused an- other similar offer. A, on account of sickness, failed to meet at the ap- pointed time, and on account of ignorance failed to be represented by at- torney. B was undoubtedly damaged only $300 or $400 by failure to sell. By failure to meet his agreement, A legally forfeited his payment of $1,000. Assuming that A was willing to forfeit a sum equivalent to the actual dam- ages, was B morally warranted in holding A to his agreement? 25. Assume that a body of some five or six men undertake to form a joint stock company in a line of business with which they are familiar. On account of their knowledge and reputation for fair dealing, they secure sub- scriptions to the stock of the company and organize the same. A board of directors is elected, consisting probably of the original organizers of the company who must also be stockholders. During the early stages of devel- opment, the future of the company is more or less uncertain and the prob- able outcome will be better understood by those closely connected with the management. The right to buy or sell stock is an undoubted legal right which can be exercised by any of the stockholders at any time. Would the original promoters be justified in selling their stock as soon as the com- pany is organized? 52 Notes on Contracts and Specifications 26. Would any of the stockholders be justified in the sale of their stock hefore the prospects of the company are fully realized? 27. Would any member of the company, be he director or otherwise, who is particularly well informed on the business of the company, be justified in purchasing stock from other members less informed, at less than its fair value by withholding a knowledge of favorable prospects or by unduly deprecating future prospects, and why? 28. Would any stockholder be justified in undertaking to purchase a majority of the stock from other members in order that he might person- ally sell it at a price greater than its true market value, and thereby place the control of the same in the hands of strangers, and why? 29. Would any stockholder, after acquiring a majority of the stock, be justified in selling said majority to strangers without securing the right of sale to other stockholders of the company, and why? 30. A, who controlled fil'ty-one per cent of the stock of a corporation, elected himself president of the company and voted himself a salary which will be approved by a court as not excessive but may be more than the work is worth. Is he warranted in using his legal rights to secure an ex- cessive salary? CHAPTER V THE USE OF ENGLISH § I. The Necessity. — The successful engineer must be something more than a skilled mechanic, an artisan or a designer. He must not only be able to make surveys and prepare plans and designs but he must also make reports to his clients or superiors, prepare instructions for his assistants and subordinates, write specifications, prepare agree- ments, both as a basis for receiving bids and for making contracts ; he must originate, lay out and supervise or carry out contract works, and supervise the maintenance and operation of engineering plants. In each case the engineer must be able to explain his plans and proposals so that his reasons and methods will be understood and appreciated. The ability to prepare clear, logical, forceful and correct English is an asset of great value to the engineer, and frequently means ad- vancement beyond others of equal technical ability but without the ability of correct and proper expression. Obscure, incorrect and faulty language, used in engineering re- ports, instructions, contracts and specifications, frequently involves dis- putes and litigations, with the consequent loss of thousands of dollars, and in some cases misunderstandings which may cause the loss of lives and reputations. Any element in engineering education, the misuse of which may produce such dire results or the correct use of which may bring such great results, is worthy of the most careful consideration and attention. The command and intelligent use of language is often the best method of conveying to others an appreciation of the knowledge of the engineer and his ability to meet and solve engineering problems. For success the engineer must not only be technically able to solve the engineering problms which come to him for solution, but others must know and appreciate his ability. It is true that the best test of ability is the actual performance of the work in question, but a knowledge of the ability so demonstrated is confined to the clients, employers, friends, colleagues or employees of the engineer, and a wider knowl- edge of that ability can be secured only by the spoken or written word. 54 Notes on Contracts and Specifications Articles in the technical press or papers before engineering so- cieties, describing new designs and new work along new and novel lines, when well prepared and presented, extend the acquaintance and reputation of their writer. A well prepared article or paper, on a sub- ject on which he is particularly well informed, systematizes the engi- neer's knowledge, gives opportunity for his careful review and per- sonal criticism of his own work, de.velops his ability, and aids himself more than it does any other individual. When such articles or papers are of real value, they also aid in the advancement of professional knowledge which is a duty every man owes to his profession. When such articles are prepared purely from a selfish motive, for the purpose of advertising and personal advancement, they are usually valueless to the profession and detrimental of the author, but where prepared with the purpose of conveying valuable information and advancing the pro- fession, if well prepared and even though the subject be a simple one, they become a valuable asset to the profession and a legitimate aid to individual advancement. § 2. Engineering English. — Engineering English differs and should differ from the English of literature. Fine writing and pic- turesque language have little place in the writings of the engineer. The language should always be clear, definite and exact ; it should often be brief, technical and to the point. It must vary in its character from the English of literature to the English of the law, according to the persons and purposes for whom or which it may be prepared. In gen- eral, engineering English must be written with the particular parties in mind for whom the same is intended, and their education, training, technical knowledge and point of view must be fully considered. Engineering writings may be subdivided into several classes, each more or less distinct, but such writings may frequently fall between or within more than one of these classes, and sometimes partakes of the character of each. In general, letters, reports and papers may be written for : First: Non-technical readers. Second: Technical readers more or less acquainted with engineer- ing matter but not particularly versed in the special subject treated. Third: Supervisors and assistants, those specially acquainted with the subject matter treated. Fourth: Contracts and specifications. The Use of English 55 § 3. The Hearer or Reader. — The knowledge and capacity of those to whom written or spoken language is addressed is an important element to be considered in the preparation of articles, reports or ad- dresses. The statement that "doubling the head of water acting on a given turbine will increase its power more than 2.8 times, because such power will vary with the three-halves power of the head acting," is a perfectly clear statement to the hydraulic engineer but may mean little to a business man, and must be stated in greater detail and with con- siderable explanation if it becomes necessary or desirable to have the business man understand and appreciate the fact. In such writings technical matters should be explained in clear and simple language, so that the persons for whom it is written will understand the matter in- volved, the reasons for the plans proposed and the results to be accom- plished. There are few technical matters which cannot be made so clear in a properly written paper or report that any good business man can understand them, and failure to prepare such papers so that they can be so understood is usually due to a lack of understanding of the matter by the engineer himself. Any engineer has only to attempt to read some advanced work on a subject wuth which he is unfamiliar to recognize the fact, that while such a work may be perfectly plain to the expert, it is quite meaningless to the novice who must first read ele- mentary works on the subject and acquire the fundamental ideas and the necessary vocabulary before he can comprehend the advanced work. Papers on technical subjects must therefore be written with the capacity of the reader in view. For the business man, the conclusions are most important, but they should be supported by such a clear dis- cussion of the facts and such a presentation of logical arguments as will appeal to his judgment and common sense. The principles by which the conclusions are reached, and the detailed data to which they apply, are less important but should usually be presented as a basis for the conclusion. When the paper is prepared for technical readers who have had a certain technical training, and are known to understand certain scien- tific principles, the matter may be presented in a different form and the special matters described must be so treated as to make them plain to others than the specialist. In such cases the discussion of the data and the principles on which the conlusions rest, become the important matter to be considered, and the explanations are needed only of those 56 Notes on Contracts and Specifications technical details that are special to the subject and are not commonly understood by the general professional man. When those addressed are specialists in the matter discussed, the data obtained and the methods of its derivation and investigation be- come, of primary importance. Technical terms properly applied will add to the clearness of the exposition, and conclusions when drawn must be the obvious deduction from the data and the facts. In the writing of contracts and specifications, which in the execu- tion of the work must usually be interpreted by men of varying capa- bilities and which may be and frequently are, subject to the interpre- tation of the court, the words should be as carefully chosen to express the exact meaning as are the mathematical symbols in an equation. There should be but one interpretation and that the one intended, and the exact meaning of both the common and technical words or terms used and their local or special significance should be thoroughly un- derstood and appreciated. The use of the technical vernacular of the subject treated is desirable when it adds clearness to the meaning. Ordinary words and terms must be used with great care, and fre- quently must be modified and defined so as to assure an exact interpre- tation of their meaning. § 4. Knowledge of Subject. — The absolute prerequisite for clear and accurate technical writing is a clear and accurate knowl- edge of the subject which is to be discussed or described. While this is self-evident, it is nevertheless an important reason for much and perhaps most of the obscurity in reports, technical papers and specifications. If a specification must be prepared or a technical detail described which is understood imperfectly by the writer, how then can it be made clear to others? It is impossible to convey a true idea which is not possessed by the writer, and the idea con- veyed can never be clearer than the writer's understanding of the matter described. It is evident that the engineer who wrote the specifications for the measurement of earth in embankments discussed in Section 9, did not fully and clearly understand or appreciate the element of shrinkage as affecting the measurement of earth fills and entirely failed to conceive the conditions under which such measurements might have been made. If these subjects had been understood, the necessity of an appeal to the court would have been avoided. The Use of English 57 Accurate and complete knowledge requires study, application, effort and reflection. These, technical writers frequently fail to exercise, either from indolence, carelessness or lack of time, any one of which is a reason for obscure language, but no one of which can be considered as a valid excuse for such language. A knowledge of spelling, punctuation, grammar, rhetoric and composition, and even a broad experience in the writing of tech- nical English will not supply lack of knowledge of the subject mat- ter. While these subjects are necessary elements of good English, and are indispensable for clear and exact English, and while the principles of rhetoric and composition are desirable and even essen- tial for the best productions, they are all secondary to the idea or ideas which it is desired to convey. Failure to possess or to exer- cise a knowledge of these subjects shows lack of cultivation and is undesirable, and in important cases highly objectionable. The exercise of such knowledge is desirable as a means to an end, but they cannot, without collateral knowledge of the subject matter, attain that end. There are few men thoroughly versed in their subject and fully acquainted with all its details, who cannot present such subject, orally at least, in a clear and usually interesting manner. Even though their grammar be defective, their sentences imperfect, and their entire presentation poorly arranged, yet their knowledge is apparent and their eft'orts are appreciated. The combination of both knowledge and literary ability is necessary for the presenta- tion of technical matter in clear, concise and correct language, and logical form naturally increases the ease with which the hearer can follow the argument and comprehend the ideas. But no liter- ary ability, no flights of rhetoric, no elegance of diction or practice in delivery or presentation, can replace or supply the lack of knowledge of the subject or convince the intelligent hearer that there is more than empty sound in such an address. In written papers, adequate presentation, without some knowl- edge of the principles of literary composition, becomes more diffi- cult ; but the principle remains that knowledge is the prime essential and the one element without which even partial success is impos- sible. Whatever the subject may be and whatever the object of the paper which is to be prepared, it can be successful only wdien based 58 Notes on Contracts and Specifications on a sound, clear, exact and detailed knowledge of the subject con- sidered. AVith such a knowledge, the preparation of sentences, paragraphs and entire papers of a form and substance which can be clearh^ understood, become largely a matter of care and prac- tice. AA'ith something to say or to explain, which is clearly under- stood by the writer, and with the capacity of the reader kept fully in mind, any technically educated man can with care and diligence soon acquire the ability to write English. Primarily therefore, for technical writing of every description, the essential feature is to have the subject well and thoroughly un- derstood, to have something to say, and then to say it in the sim- plest, plainest, clearest language of which the writer is capable, keeping clearly in mind the capacity of the reader for whom the matter is intended. Knowledge of the subject is fundamental to success, and indis- pensable for clear technical exposition ; and secondary, but yet very, important, conies a knowledge of spelling, punctuation, grammar, rhetoric, composition, and the meaning of words both common and technical. § 5. Logical Arrangement. — While a clear statement of facts or requirements is essential to convey the ideas and meaning de- sired, when the matter discussed requires considerable space for its full consideration, the logical arrangement of the material be- comes hardly less important. All technical wTitino-s are intended to convev to the reader a knowledge of what the writer knows or desires, in such a manner that he shall clearly understand the subject discussed or the re- quirements described, as completely as necessary or desirable for the purpose in view. The subject should be considered with this end in view. It should be outlined in general and then discussed in detail, and the discussion should proceed logically from the fundamental and essential features to those that are subordinate and less important. The subject should first be analyzed and its fundamental and essential features separated and arranged in logical sequence. Each feature should be further considered, and the subordinate but es- sential qualifying factors arranged in a similar manner. When the entire subject has been treated in this manner, and an outline The Use of English 59 has been prepared, the preparation of the written matter can then proceed. The subject should first be discussed in a general way so as to give at once a concrete conception of the matter to be treated. Following this each feature can be taken up in the order determined and discussed as fully as its importance demands. The main ideas underlying the treatment should be : first, the arrangement of the entire subject in logical order both as regards main features and subordinate factors ; and second, the discussion of each feature and each subordinate factor in a connected manner but at the same time so distinctl}^ and separatel}'^ as to accurately define to the mind of the reader its rcl-itive importance and its modifying effect on the entire subject. One main idea and one only should be developed in a para- graph, and the subject may and should be divided into such sec- tions and subsections and such chapters or other subdivisions as may be necessary to accomplish the clear and logical presentation of the subject. As the subject is distinct from other subjects, so the main divisions should be separate and distinct from each other, and each should be devoted to the complete consideration of that particular feature to which it is assigned. In the same manner, each subdivision should be devoted exclusively to that factor of the principal features of the main subject which is discussed there- in, and each subordinate idea or qualifying influence should be as- signed a section or a paragraph, as its importance warrants. With due study, reflection and practice, the development of a subject along the lines indicated is readily accomplished and if carried out w^ith reasonable intelligence, will result in a clear expo- sition of the entire subject in a manner which can be readily under- stood. § 6. The OutUne. — The general idea of the construction of the outline wdiich should precede the writing of any extended tech- nical paper, can be readily acquired by the examination of the table of contents of any well written technical book or by the study of any well prepared specifications. Chapter II of this book gives a brief analysis of the whole subject of law, and Chapter III a more complete analysis of the subject of contracts. The latter subject is but a minor subdivision of the former, but it would re- quire several volumes for its complete consideration. 60 Notes on Contracts and Specifications In the preparation of an outline it must be understood that the purpose for which the paper is prepared may not require complete or even a well balanced treatment of the subject. The purpose of the paper may be to develop and emphasize some particular phases of the subject that are most important for the ends in view. These must receive more elaborate treatment and matter of minor im- portance must be subordinated to the general purpose, and more briefly treated or altogether ignored, as their importance, relative to the main object, warrants. What ideas are to be developed, what facts are to be presented, and what order of presentation will be the best and most logical and will most easily convey the meaning which it is desired to impress on the reader, are matters which depend on the purpose for which the paper is prepared and the readers to whom it will be presented. In general, the purpose and the reader must be kept continuously in mind, and all diversions which will tend to obscure the main object of the paper or distract the attention of the reader from that object, must be avoided. The outline should be regarded only as a means to an end, and should be changed or modified as the necessity for alteration may develop during the preparation of the paper. Facts and illustra- tions, which it may at first seem desirable to utilize, may be found, during the preparation of the paper, not to yield to satisfactory treatment, and others may be substituted to advantage. In the first attempts at the preparation of such papers it may reasonably be expected that the development of the subject will frequently make desirable an entire reconstruction and rearrangement of the outline. The best results and ultimate facility in the preparation of technical papers can be secured only by willingness on the part of the writer to entirely rearrange and rewrite his paper as often as he can recog- nize the opportunity for material betterments. The actual preparation of an outline may be preceded to ad- vantage by the analysis of existing papers on subjects similar to that under consideration. The papers for such study should be selected from the best available sources. From the analysis so made, an outline should be prepared which will exhibit at a glance the plan of construction of the paper selected for study. Such an analytical outline will give the student a clear idea of the basis presumably used by the best writers in the preparation of their The Use of English 61 papers and will serve as a guide to the preparation of an outline for the subject at hand. Valuable suggestions and examples along this line may be found in the following chapters on specifications and in various books on English composition to which references are given at the end of this chapter. § 7. Style. — Technical men commonly possess an unwholesome disrespect for literary ability. It is often assumed by them that they are men of action and not of words, and that therefore the devotion of their attention to the correct principles and methods of literary expression is superfluous and non-essential, and rather to be neglected than cultivated. The education of technical men is largely scientific and precision and efficiency are among the most important principles of their training. Let the technical man be scientific in his use of language as well as in the development of his plans. Let him apply these principles in his writing as well as in his work. Let the sequence of his thoughts be logical and his expressions precise in order that he may secure the greatest effi- ciency in conveying by the language used clear comprehension of the ideas, facts, opinions or requirements that he desires to impress on his readers. In this way and in this way only can he produce good technical letters, reports, papers and specifications. The fundamental principle of expression either written or spoken is to secure efficiency in the comprehension of ideas by the person addressed with the least possible mental eiTort. The engi- neer recognizes that in using machinery simplicity in design and the proper arrangements of parts are necessary for efficiency in power transmission. Complication in parts, unnecessary transformation and inconvenient arrangement results in needless loss in energy, and all. losses in the machinery reduce the amount of energy which can be delivered for useful work, and such losses must therefore be reduced as far as possible. The same principles apply in the use of language. The mental power of the reader is to be utilized for the transmission of ideas by the mechanism of words. The amount of mental energy avail- able for the purpose is limited. With this energy the reader must recognize and interpret the words used, arrange and combine the images suggested, and finally must realize the thoughts conveyed. If the language is confused, verbose, or involved, the more mental energy is used up in recognizing the words and interpreting them, 62 Notes on Contracts and Specifications and the less is available for the understanding of the thought which it is desired to convey. ^ All losses in the mental energy of the reader must therefore be reduced to a minimum to secure the best results. Simplicity in language, when practicable, results in the highest efficiency in comprehension. A gesture or an exclamation fre- quently conveys a more accurate idea of the thought or feelings than a sentence or paragraph, and the spoken word is more efficient than the written. The spoken word is received direct, with the advantage of per- sonal expression, and often with a community of knowdedge be- tween the speaker and the persons addressed. The literary form of oral expression, wdiile important in all cases and of great im- portance in the formal presentation of technical matters, is of less importance than when the same matter is presented in written or printed form. In the latter cases the personal element is lacking, and the meaning must be drawn solely from the language used, and everything that can be done to make the subject matter clear, accurate and attractive is essential to the best results. The careful choice of words, the accurate use of technical terms, correct gram- matical construction, logical arrangement of ideas, clear methods of expression, the presentation of the matter in an attractive man- ner, are all desirable to secure and hold the attention of the reader and to clearly convey the meaning. Poor spelling, improper punctu- ation, ungrammatical construction and involved language draw the attention to subordinate matters and lead the reader to surmise that the conclusions presented may be as erroneous as the form in which they appear. The subject matter should not be sacrificed to the style, but the style should be utilized to develop and illuminate the subject matter. Technical matters may often be dry and, to other than technical men, uninteresting and obscure. The careful choice of words simplifies the subject, clarifies the idea and crystallizes the thought in the mind of the reader. The careful selection of ex- pressions and the adaptation of a suitable literary style attract and retain the attention, simplify the subject matter, and often in- terest the reader in subjects of which he would otherw^ise weary. 1 Spencer, "The Philosophy of Style." The Use of English 63 There are few needs for elaborate rhetorical efifort in technical writing; such efiforts, even if they do not appear absurd, attract attention to the manner of expression rather than to the matter expressed, and are hence objectionable. The language should be "brief and exact and the words should be simple but carefully chosen. The point of view and the extent of knowledge of the reader must determine the degree of simplicity with wdiich the sub- ject must be treated. Unessential and meaningless generalities should be eliminated for they tend toward obscurity and the diver- sion of the reader's attention from the main subject on which his thoughts should be concentrated. § 8. The Choice of Words. — Accuracy of expression demands a careful choice of words. Words are never exactly synonymous in their meaning. Even when words are derived from foreign words of exactly synonymous meaning, they are adapted in the English to express ideas more or less different. In the growth and development of language words often acquire other special mean- ings perhaps quite foreign to that conveyed by the original signifi- ■cation. These changes grow from the original meanings based on physical likeness, association, similarity of relation, use of a part for the whole, adaptation of the mental for the physical, and idiomatic metaphors. Take for example the changes and extension in meaning of the common word head: ^ 1. The original physical meaning: Head. 2. From physical likeness : The head of an ox ; the head of a river; or the consummation of a development to come to a Jiead. 3. From association : The head of a bed. 4. Similarity of relation : The head of a business. 5. The part for the whole : A hundred head of horses. 6. Mental for physical : A clear head. 7. Metaphorical : Over head in debt. To make head against •obstacles. Words, from some special and peculiar association, sometimes also acquire a meaning distinctly foreign to their ordinary si'g- nification. For example, the term expert means one who is es- pecially well versed in any matter requiring a special training to 2 See Anderson's "Study of English Words." 64 Notes on Contracts and Specifications qualify a person to intelligently understand or act in such matter. On account of the abuse of the term, and the wrongful acts of some parties claiming this title, the term is occasionally used as a term of scorn or reproach. Most common words have numerous meanings which are often difficult to differentiate even when properly used. Frequently such meanings are unauthorized by good usage, and such use should be discouraged and discountenanced as it obscures the lan- guage and makes necessary an accurate definition of the special meaning in which it is to be understood in important papers. Take for example the following thirteen uses of the word rock and the difficulties attendant on its specific use in the limited sense as further discussed in Chapter XIV. It may have meanings in accordance with its various uses as follows : Geologically: Any mass of mineral matter, in its natural bed of which the earth's crust is composed, whether solid or fragmentary. Popular: i. A stone of any size, even a pebble. 2. A mass of indurated stone, forming a promontory or cliflV 3. Natural crystals or candy in crystalline form. Figurative: i. A foundation, support or refuge. 2. A source of peril. Technical: i. Indurated formation of different degrees of hard- ness. ^ 2. A kind of soap. 3. A kind of hard cheese. 4. Ore (used among the Michigan copper mines).* Slang: i. Money or wealth. 2. Rough, uncouth (feelings or appearance). Association: Rock fish — rock dove. The above examples will indicate something of the difficulties which will be encountered in conveying ideas without a careful study and discrimination in the use of words. No attempt to con- sider this subject in particular is possible in the limits of this chapter, but a warning of the difficulties to be encountered in the selection and use of words, terms and clauses should be sufficient to encourage the study in the lines suggested by means of the references given at the end of this chapter. 3 See also Chapter 14, sees. 9, 10. 4 A misleading and unwarranted use of the word. The Use of English 65 As words are used to convey ideas, those words should be chosen which both accurately express the idea to be conveyed and are most familiar to those to whom the words are addressed. Most of the English words in constant daily use, and most intimately connected with the personal and familiar affairs of life, are of Saxon origin. They are understood more quickly and move the hearer more forcibly than similar words of Latin origin. Latin words, however, are more elaborate, more scholarly, and more exact. Words of Latin origin must be used by the technologist, and in the scientific discussion of technical subjects, on account of their greater exactness, and the suggestions associated with such scien- tific terms. The selection of words of Saxon or Latin origin for use in technical papers would therefore depend on the subject discussed, the object of the writer, and the technical education of the reader. In reports and papers intended to explain technical matters to the public, or to non-technical clients, Latin terms should be avoided and simple Saxon words used so far as possible. When technical matters are presented to technical readers, the use of Latin terms is not only admissible but absolutely essential to clear exposition. Simplicity in understanding is not always assured by simplicity in language. The more exact terms are always preferable if the reader can easily comprehend their meaning. § 9. The Precise Use of Words. — The habit of the careless use of words is unfortunately acquired by almost every person with their early use of language. In ordinary intercourse, the subject discussed is often so familiar and the conditions so well known to both parties to the conversation that the meaning of the language used is often quite obvious, even if the words used do not express the exact meaning which the speaker intends to convey. When, however, the subject is unfamil- iar, and the ideas to. be conveyed are intricate or involved, the words must be used with precision or the meaning to be conveyed is obscured, incorrect or entirely lost. Outside of the legal profession, there is no profession in which careful discrimination in the use of words is so im- portant as in the profession of engineering and the closely related pro- fession of architecture. The records of the courts are full of cases involving the interpretation of the meaning of words. In 1855 a case was taken into court on account of a contract in which the words "road" and ''track" were indiscriminately used. A railroad was to be built between certain termini, according to certain specifications, and 66 Notes on Contracts and Specifications at an agreed price per mile. The question at issue involved the deter- mination of whether the price was per mile of track, including main track, side tracks, etc., or per mile of roadbed. The latter interpreta- tion was applied, apparently for the reason that the contractor had ac- cepted monthly payments on that basis without any claim for side tractks and turnouts.' Another legal discussion, which illustrates the necessity' for pre- cise language in order that only a single interpretation may be possible, was handed down in a case that came up in the construction of 'the Northern Pacific Railroad.*^ The dispute arose over the amount of earth excavated from certain ditches and used in an embankment. The specifications apparently read approximately as follows : ' "Earth will be measured in excavation; but when earth is taken from borrow pits or ditches not easily measured, the earth may be measured in embankment, in which case an allowance of 10 per cent for shrinkage will be made." While at first reading this specification appears plain and without ambiguity, it is in reality capable of two interpretations, dependent upon whether the lo per cent allowance for shrinkage is applied to the cut or fill. In the case in question, an embankment of 100,000 cubic yards of earth was made from two cuts that measured 60,000 cubic yards, and the remainder from ditches that were not measured. As earth work is commonly estimated to shrink 10 per cent, one cubic yard of cut would shrink to .9 cubic yard of fill. On this basis 100,000 cubic yards of fill must have required 111,000 cubic yards of cut. and the amount due the contractor would be : 100,000 -^ 9 111,111 cu. yds. From cuts 60,000 cu. yds. From ditches 51,000 cu. yds. The contractor, however, estimated the amount due him on the basis that the shrinkage allowance applied to the fill, his computation being as follows : 110 per cent x 100,000 110,000 cu. yds. From cuts 60,000 cu. yds. From ditches 50,000 cu. yds. 5 See Wait, Engineering and Architectural Jurisprudence, sec. 601. 6 See Wait, Engineering and Architectural Jurisprudence, sec. 601. 7 Eng. News Sup., Vol. 51, p. 129. The Use of English 67 The engineer and the company, on the other hand, while differ- ing between themselves, entirely misinterpreted the basis on which the shrinkage should be measured, and computed the yardage as follows : The engineer's computation: Total yardage 100,000 cu. yds. From cuts 60,000 cu. yds, 90%) 40,000 From ditches 44,444 cu. yds. The company's computation: Total yardage 100,000 cu. yds. From cuts 60,000 cu. yds. 40,000 110% From ditches 44,000 cu. yds. The lower court sustained the estimate of the company, which, re- gardless of the interpretation of the shrinkage percentage, was the furthest from the truth. The illustration shows not only the necessity of the careful use of words, but illustrates the further fact that engineers are liable to errors in their findings, and sometimes fail to understand the basic principle that underlies their problem, and that courts must be furnished with carefully prepared expert testimony if they are to reach substantial justice in their findings. If this specification had been so written that there was only one possible way of interpretation, there would have been no legal proceedings, for only one method of computation would have been possible. See chapter XV, sec. 14. § 10. The Vocabulary. — It is important that the engineer should acquire a technical vocabulary and a knov^ledge of the ver- nacular of the business in which he is employed or with which he may be associated. Otherwise he vvill not be able to under- stand, give instructions, or furnish explanation of technical or trade details. Such information is also necessary in the preparation of specifications and technical reports and papers for technical read- ers. Scientific and technical terms and the familiar and special trade terms and trade vernacular simplify explanations covering materials, operation and details of construction, and are absolutely necessary for reasonable facility in business transactions. Mr. John 68 Notes on Contracts and Specifications C. Wait, a prominent engineering attorney of New York City, in a paper on the subject of engineering vernacular, gives the foillovv- ing notes taken by one of his assistants, concerning certain con- ditions on which the contractor on the work desired advice. In the first case, a bridge contractor stated that: "A traveler was on the lower cord of the approach span of the Williams- burgh Bridge and was sustained by four guys. Each guy was held fast by two dogs, after passing through an opening in the t^il piece. Tony, an Italian, had just been sent out and had given two of the dogs a fresh bite on the longest guy, when they let loose, one of the guys slipped, and the traveler tipped over and threw the counter-weights into the air and they went down on the street below and killed a man." The contractor wanted to know if he was liable. In the second case, a mason contractor stated : "He had been employed to remodel a masonry dam and a Flemish bond was first required of him, but the engineer wanted a better bond and insisted on having greater security. The engineer insisted that the stretchers should be bonded by an overlap of the bed by not less than fifteen inches, and that every alternate course of the dam. should be tied with a header. He also required the length of each stretcher to be three times the rise, and the depth of the header in the backing equal to three times the rise; that the rock face of the remodeled dam should be draft-lined, the molded face should be 6-cut, the base pean hammered and the water-table the run of the quarry; the arch rings were to be bush-hammered, close-jointed and grouted, all to be battered and broken ashlar; that the overflow should be in 12-inch risers and treads, and the steps rough-cut, all interior spaces to be thoroughly grouted with neat cement." The contractor desired to know if he had any redress. It is doubtful whether many young engineering graduates would understand the conditions outlined much better than did the young lawyer in Mr. Wait's office, yet the conditions are quite clearly defined if the terms used are understood. The best method of acquiring a technical vocabulary is the direct study of the words and terms used in any special vocation or business when such information is accessible. The reading of the various technical papers and the proceedings of the various societies which cover or include the special subject in which infor- mation is desired will often furnish valuable additions to the vo- cabulary. The use of standard dictionaries is of little value in this study as the definitions given are too general. Some valuable work is being done by various technical societies in the definition of tech- The Use of English 69 nical terms and the establishment of uniform practice and this work should be closely followed. § II. Letters. — Usually the first introduction of the engineer or architect to those from whom he desires employment comes through the spoken or written word, and a clear and concise state- ment of his claims to employment, of his education and previous experience presented in proper form is an important element in securing the position he desires. A letter poorly written, poorly worded, misspelled, ungrammatical, improperly punctuated and illogically arranged, marks the writer as careless and more or less ignorant and is an unfortunate introduction. Personality in a personal application may to some extent over- come ungrammatical and incorrect language, and at least the spoken word leaves no lasting record behind ; but a poorly written letter may pass from hand to hand and may leave an enduring record of incompetency. Suggestions for the First Written Application for Employment. — Great care should be used in writing letters of application for employment. The handwriting shows character and is often re- quired in applications for positions. For this reason such letters should be written, not typewritten, unless unfortunately the hand- writing is so poor as to make such a form of application hopeless. The paper used should be of commercial note size, and of good quality. Scrap paper or paper punched or specially ruled for tech- nical work, is unsuitable. The writing should not be crowded and should be properly centered on the sheet. Neatness, proper form, good grammar, and correct spelling are as important for good let- ters as for other technical writing. The young engineer, especially when just graduated, should not be too ambitious in his application for work and should not limit too closely the character of work for which he applies. Un- less he has had considerable experience, he should not apply for a position as a "civil engineer," "electrical engineer," etc., but for a "position" or a "position as assistant." He may give an idea of the work which most interests him, but should express his willing- ness to accept any reasonable position as he is seldom qualified or in position to command any important place on an engineering stafif. When the yovmg engineer has done previous work, his former salary may be mentioned, but otherwise the matter of salary should 70 Notes on Contracts and Specifications be left to a later communication. He should not give the idea that the question of salary is first in his mind. Avoid Verbosity. — Economy and efficiency in the use of lan- guage are essential in letter writing as in other engineering writing. After writing a sentence : (i) See how many words can be omitted or changed, leaving the meaning clearer and stronger. (2) See how the same idea can be expressed in better and clearer terms. Do not write : "I wish herewith to enter my application for'' ''I hereby wish to make application for" "Allow me, respectfully, to ofifer myself as an applicant for'' "I would like to enter an application for" "I wish to take this means of applying to you for" Instead of the above write : "I respectfully apply for" Statements should not be too blunt. It is unnecessary to write : "I have not had any practical experience." Write prefer- ably : ''My knowledge and experience are limited to my work at the university." References. — Avoid, 'Tor references I suggest the following" or "Please refer to the following :" Use instead ''I respectfully refer you to ." Reference to a school college or university is improper. Refer to some particular teacher, professor or official of such institution. Reference to a bank is proper for financial standing. For personal standing, the name and position of an official should be given. In personal applications for work, open letters of recommendation are of little weight. They are, of course, favorable or they would not have been written or presented. The employer prefers a personal and private letter addressed to himself from some one of standing or reputation. He has probably written too many general open letters of recommendation himself to have much confidence in them. Most po- sitions are secured by personal applications, and too much must not be expected from general letters of application. They frequently result in uncovering vacancies for which personal application should usually be made. Finally. — The letter should be reread after it has been written to see that no essential word or words have been omitted or misspelled The Use of English 71 and to see that it is signed. Omitted words and especially an omitted signature, show carelessness that is not a good recommendation for a position. Further details of the general subject of letter writing are given in the following discussion. BUSINESS LETTERS Heading. — The address in the heading should always be suffi- ciently complete for postal purposes. If a street and house number are necessary, they should precede the name of the city, but the date should come afterward and not before. It is desirable to use the name, not the number of the month ; the number of the day of the months and the complete number for the year should be used. The day of the month and house number should be Arabic numerals, but street num- bers if less than one hundred are usually spelled out. Abbreviations. — While for formal letters it is perhaps more digni- fied to avoid abbreviations in both the heading and salutation of the letter and in addressing the envelope, it is both permissible and desir- able to use such abbreviations in business letters for the name of the months and of the states. Address. — The salutation address may omit the street and house number, but the name of the city and state should always be included in formal letters and the title "3,Ir.,'' "]\Iessrs./' etc., should always be used as a' matter of courtesy. Salutation. — Use the form "Dear Sir," not "My Dear Mr. ,'" unless you are quite intimately acquainted with the party to whom the letter is written. In official communications and letters to Govern- ment officials, use the still more formal "Sir." Subject Heading. — The use of a subject heading in all business let- ters is very desirable. Its use in applications for employment is ad- vised as it gives the idea of familiarity wath business methods. It should be placed at the right and just above the body of the letter, as follow'S : ''Application for Employment." For examples of the proper form of business letters see Chapter XI, Section 3. § 12. Reports. — Few technical men have ever reached more than subordinate positions without the ability to prepare a fair techni- cal report. This is the most common form of technical writing and, excepting the specifications, the form most important to the engineer. There is no writing on which his success so largely depends as on the preparation of neat, clear, logical, concise and complete reports. 72 Notes on Contracts and Specifications The advancement of that engineer is assured who can clearly comprehend the conditions of a problem and the factors which modify and control its solution, and who can transfer his ideas and conception of those factors and conditions and possibly the conclusions to be drawn from the same, to his superior or to his client in a clear and ex- plicit manner so that every fact and condition becomes plain, every controlling circumstance becomes apparent, and every conclusion be- comes obvious. The engineer should give special attention and spe- cial study to the principles and preparation of reports on account of the undoubted influence of this work on his future. Reports may cover any part of the technical field and any general treatment of the subject is impossible except to impress the fact that most of the requirements for technical writing discussed in the pre- vious section of this chapter need to be especially emphasized when ap- plied to the preparation of written reports. Various reports will re- quire very different methods of treatment. They are usually designed to be specific and confined between very definite lines, although the field covered may in some cases be very broad. Like all other techni- cal writing, to be of value they must be based on a thorough knowledge of the subject, and such knowledge must be especially detailed and complete on account of the specific character of the report. Most reports depend for their value on accuracy of observation and correct deductions. They often require great technical knowledge and skill and frequently a wide practical experience. They are usually certain very definite facts or conclusions which are the essential fea- ture around which all other facts and deductions are centered and to which they are subordinate. Special efifort should therefore be exer- cised to bring out and accentuate these important ideas and to facili- tate the appreciation of their bearing and importance. Clear, explicit and exact statements are of special importance. Proper arrangement will not only save much time to the reader but will emphasize the im- portance of the main ideas and the relation of the subordinate factors. In the preparation of reports on technical projects, the engineer needs more than technical training. In such projects, questions of law, business, transportation, market conditions, manufacturing, agricul- ture, politics, economics, finance and many other factors may be of equal or even greater importance than the technical factors involved. Every engineer who is called upon to report the feasibility of a project must duly consider not only the technical problems involved The Use of English 73 but also all other aspects, for the practical and economical success de- pends on its feasibility from every point of view. The project is not a success simply because it is well and economically designed and properly constructed, but it must also be successful from every other point of view. Numerous projects in water power, irrigation, drainage, manu- facturing, etc., have resulted in failures because some necessary phase has been overlooked and remained unconsidered. * The engineering report is usually the pioneer report on the sub- ject; later the legal and other aspects must be examined and passed upon by specialists in this line, but in its preliminary stages, the en- gineer must frequently look into each phase, and if his report is to bear expert scrutiny it must be based on a broad understanding of many things. So far as practicable, the report should include all of the data on which discussions are based. This data and its bearings on the project discussed and the reasons for the opininon expressed should be clearly set forth. In a well drawn report the engineer can usually so illustrate and describe the conditions by which a project is modified and con- trolled, that any good business man will understand the basis on which the opinion rests, and the degree of probability of any departure from the expected results. While a similar comprehension by nontechnical readers is not to be expected in regard to the technical d'etails, an un- derstanding of the general considerations on which the feasibility of the project depends can be secured. If a report can not be so drawn it is usually due either to insufficient data or to the fact that the en- gineer, himself, does not fully understand and appreciate the logic of the situation. Reports will frequently require estimates of the probable cost of development and probable fixed charges, operating expenses and cost of maintenance as well as an estimate of probable income. Such esti- mates require careful consideration and much forethought. They must be based on incomplete data. Contingencies of various kinds will surely arise and must be sufficiently foreseen and provided for by conservative estimates. The report should usually be accompanied with maps, drawings and sketches as may be necessary with the data furnished, to clearly illustrate the conditions and show conclusively that the conditions are such as the report sets forth. 74 Notes on Contracts and Specifications In general it is essential that the report itself should be clear, con- cise and definite in its statements and recommendations. Any elabo- rate discussions of voluminous data should usually be contained in the appendix to which the main report should refer for confirmation of its facts and recommendations. Even under such conditions it is well to sumimarize the conclusions and such a summary may be introduced in the closure of the report or may sometimes be included to advantage in a short letter of transmittal, which may be used as an introduction to the more extended treatment of the report. BIBLIOGRAPHY OF USE OF ENGLISH The Theory and Practice of Technical Writing. S. C. Earle. The Macmil- lan Co. Handbook of English for Engineers. W. O. Sypherd. Scott, Foresman & Co. A Guide to Technical Writing. T. A, Rickard. Mining and Scientific Press Note-Taking. S. S. Seward, Jr. Allyn & Bacon. The Art of Writing and Speaking the English Language. (6 small vols.) Sherwin Cody. Effective Business Letters. A. H. Gardner. The Ronald Press Co. Putnam's Correspondence Handbook. Eleanore Banks. G. P. Putnam's Sons. Conservation of English Speech. J. F. Ferrald. Funk & Wagnalls Co. Handbook of Composition. E. C. Mollet. D. C. Heath & Co. The Correct Word. J. T. Baker. Correct English Pub. Co. Errors in English. F. H. Vizetelly. Funk & Wagnalls Co. The Essentials of Composition and Rhetoric. A. H. Espenshade. D. C. Heath Co. A Study of English Words. J. M. Anderson. Am. Book Co. Expository Writing. M. G. Fulton. The Macmillan Co. Elements of English Composition. Gardner, Kittredge and Arnold. Ginn. & Co. English Composition. Barrett Wendell. Chas. Scribner's Sons. Essentials of Exposition and Argument. W. F. Foster, Houghton, Mifflin Co. English Prose Composition. Edward Fulton. Henry Holt & Co. Words and Their Uses. R. G. White. Houghton, Mifflin Co. Every-Day English. R. G. White. Houghton, Mifflin Co. Soule's Dictionary of English Synonyms. G. H. Howison. Little Brown & Co. English Synonyms, Antonyms and Prepositions. J. C. Ferrald. Funk & Wagnalls Co. Crabb's English Synonyms. George Crabb. Harper & Brothers. Standard Thesaurus of English Words and Phrases. C. V. S. Mawson. The Kelmscott Society. Putnam's Word Book. L. A. Fleming. G. P. Putnam's Sons. CHAPTER VI INVESTIGATIONS, DESIGNS AND ESTIMATES § I. The Investigations. — Prior to the design of any plant or structure a thorough investigation should be made of the nature of the material which must be excavated or moved, the foundation on which the structure must rest, and the material into or through which tun- nels, channels, foundation piles, caissons or other structure must be driven. The character, the quantities and the physical conditions of such materials should be deteniiined so far as practicable. It is often the case that the decision to build or to carry out an improvement is followed immediately by a demand for construction at such an early date that a proper examination of the conditions is not possible. Such haste in construction is undesirable and almost invariably entails extra expense. The failure to make suitable investigation of these conditions and to secure the desirable information, both for the use of the engineer in designing and estimating the cost of the work and for the use of the bidder in the preparation of his proposal, is often due to false economy on the part of the owner or of the management of the company who proposes to construct the work. The cost of thorough preliminary in- vestigation is often considerable, and it' is sometimes assumed that any extensive preliminary examination is unnecessary. When the en- gineer yields to necessity or persuasion and fails to secure the proper information, he is nevertheless blamed for any trouble and expense which may follow. If the bids received, based on insufficient informa- tion, are unduly high or if the quantities estimated on the same uncer- tain basis are found seriously in error, he is blamed for troubles which he has had no means of preventing. Preliminary information will permit plans to be drawn to fit the actual local conditions, instead of assumed conditions which do not ob- tain and will save needless expense and much more than enough to pay the preliminary costs, to say nothing of the e.ffect of such information in reducing the prices bid for the work. The engineer, therefore, should place the necessity for such preliminary investigations and the advantages which will accrue therefrom sc|uarely before his clients, and insist on sufficient time and expenditure to secure the information 76 Notes on Contracts and Specifications necessary for both purposes. The low bids received on almost every job on which adequate information is furnished by the engineer to prospective bidders is proof of the saving effected in the cost of the work, and this is in addition to the saving accomplished by the conse- quent proper design. Everything that can be done to make the con- ditions bearing upon the required work clear and certain has an ad- vantage in reducing the prices which will be bid for the work, and the converse is also true. § 2. Unsatisfactory Practice. — It is unfortunately common but mistaken practice to require the contractor to assume all risk and re- sponsibilities concerning the character and sometimes even concerning the relative amounts of the different kinds of material. Good sense seems to warrant the' conclusion that, in dealing with intelligent men something cannot be secured for nothing, and experi- ence has demonstrated that whenever such an attempt is made it usually results in unnecessary increased cost. An intelligent contractor, if he bids at all on plans and specifica- tions which are uncertain or manifestly unfair, will add a sufficient sum to compensate him for the uncertainties and the unfair treatment he must expect, and to be safe will usually add more than enough to cover the probable expense. The client thus pays more, and usually much more, than he would under definite plans and specifications. When only incomplete investigations have been made by the en- gineer, contractors are usually invited to make their own investigations in order to determine the nature of the formation in or through which the work is to be built. It is evident that such a policy is a poor one, for if carried out it involves considerable expense perhaps for each of a large number of contractors, all of whom must investigate the con- ditions to their own satisfaction. It is evidently desirable in order to avoid expense that only one such investigation should be made, that it should be made by the engineer of the parties letting the work and that it should be thorough and sufficient for the use of all parties interested. This question is an important one and one that has many bearings, all of which should be considered. That such unfair and unsatisfac- tory practice is quite common is evident from numerous specifications of which the following from a proposed contract for grading a railroad is an example r"" "Contractors bidding on the woik are invited, at their own cost and ex- pense, to put down test holes or borings, to determine the nature of the soil 1 See Eng. News Sup., Vol. 50, page 29. Investigations, Designs and Estimates 11 and underlying formation, and every facility will be given by the company to the contractors for that i)urpose." "It must be particularly understood that the bidding on this work will be without classification for excavation and grading, and that the contractor must personally examine the geological formation; and no claim upon the company may hereafter be made on account of misinformation stated to have been given by any employee of the Company or Board." It is evident that no intelligent contractor will assume uncertain- ties such as are involved in the above specifications without consider- able investigation and without expecting adequate compensation. A conservative contractor will probably refuse to undertake such an in- vestigation, because the chances of his securing the work are remote. The number of firms that will attempt to make such an investigation will therefore be small and the competition will be limited. Such firms will bid high enough to assure themselves of large returns, and the cost of the work will be tmnecessarily increased. § 3. Difficulties. — To make a thorough investigation of the ac- tual conditions on a project, determine the quality and quantity of the various kinds of material to be encountered and show them by plans, drawings and definite specifications, involves not only time and ex- pense but also the responsibility of any accidental misstatement of the exact facts. Underground conditions are very uncertain and cannot be readily determined even by elaborate borings. Variations in the strata are liable to occur which will not be determined even though the borings are fairly close together and it is evident that such investiga- tions must have a practical limit. Any departure from the positive in- formation given may result in demands for extra compensation^ and even slight variations which might not actually affect the cost of the work will give an unfair contractor an opportunity for excessive de- mands for extra compensation ; whereas if the contractor is required to assume the responsibility for changes, no such claims can be main- tained. It is believed that this danger is one of the chief reasons why so much responsibility is frequently forced on the contractor, even when it is recognized that such responsibility entails extra expense. It is desirable to remove hazard to as great a degree as practicable, both in order that bids may be reasonable and for the sake of fairness. The owner must expect to pay a fair price for his construction under the conditions that actually obtain, and he will certainly be compelled to do so unless some mistake is made by the bidders. The technical problem involved is to determine and show by plans and specifications 78 Notes on Contracts and Specifications as nearly as possible the actual conditions that obtain in order to se- cure low prices through protection to the contractor in his bidding, and to protect the owner from unjust claims based on slight variations which do not affect the cost. This can often be done by determining the quality and kinds of material through sample borings and by ar- ranging to pay for possible variations in estimated amounts in accord- ance with their actual occurrence. In the excavation of trenches, tunnels, etc., a large item of ex- pense is the cost of handling the water that may be encountered. In many specifications the contractor is required to take the risk as to what this may cost. The removal or reduction of the risk is a relief to the contractor and w^ill usually reduce the cost bid for the work. Such a clause in tunnel work is occasionally introduced essentially as follows : "The contractor will be required to pump out of the upper section of the tunnel, 10,000 gallons per day of 24 hours, without charge, regardless of the amount of lift. Any excess of water will be paid for at the rate of X,000 gallons specified in the proposal." 2 The last sentence in the above specification is objectionable on account of the fact that the amount of the excess water cannot well be estimated, and therefore no basis of comparison of various bids is pos- sible on this item. It w^ould apparently be better to state in the speci- fication an amount w^hich will be paid to contractors for each 1,000 gallons, although such a specification would probably be illegal in pub- lic contracts w^iere the work must be to let the lowest responsible bid- der.^ Under such contracts, in all cases where the cost of any extra Avork is fixed at cost plus a percentage, or where provision is made for any incidental rock excavation or other contingent expense, at a cer- tain fixed price per unit, the payment for such work can be enjoined by a taxpayer. The only safe method therefore under public con- tracts is to ask for a percentage bid for extra work or for a unit price for any other contingent expense. 2 See Eng. News, Vol. 52, p. 363. 3 "When the law provides that the contracts for public work shall be let to the lowest responsible bidder, any provision in the contract which fixes the price for extra work without having invited bid's on that item, is illegal, and payments at rates specified may be enjoined at the suit of the tax- payer."— Moynahan V. Birkett, S. P. 2, Dept. 31, N. Y. Supreme Court 293 Investigations, Designs and Estimates 79 § 4. Deep Wells. — In some cases, such an investigation is evi- dently inexpedient. For example, in deep borings and in the drilling of deep wells, while the nature of the geological strata can in general be ascertained, these strata are known to vary to a considerable extent in character and thickness from point to point and no means of ac- curately determining their exact nature and extent are available ex- cept by the construction of the well itself or a smaller one in the im- mediate vicinity which would involve an expense very greatly in ex- cess of the benefit derived. In such cases, therefore, a statement of the approximate geological conditions seems desirable and, in general, the contractor should expect to take the risk of the uncertainties in the characters of the strata, and for which he must demand proper com- pensation. Provision should be made for the possibility of encounter- ing caving material, for which contingency extra expenses may be oc- casioned by the necessity for enlarging the well and casing off the caving material in order that greater depths may be reached with the desired well section. It will usually prove economical for the owner to assumie the responsibility for this extra expense, for if he does not he will probably pay the extra cost in higher prices, whether or not the expense is actually incurred. § 5. Investigations for Sewers. — In plans for sewers the nature of the material which will probably be encountered is usually deter- mined by borings or soundings. Such materials are often classified similar to those in railroad excavation, and on this basis payments are ordinarily made. This limits to some extent the chances taken l)y the contractor and to a much greater extent than where he is left to estimate the- varying amounts of such materials on the basis ■of the borings which have been made. The unevenness of the strata throughout the extent of the sewer syste.m is so great that it is usually inexpedient to take sufficient borings to determine with accuracy the amount of rock which will be encountered. The variations in rock should not be at the risk of the contractor so far as amounts are con- cerned, and the expense incurred in making the necessary borings will be more than returned by the lower cost. A clause in which the burden is thrown upon the contractor is as follows :^ "The Borough does not warrant the correctness of the soundings as marked on the profile. The contractor must assume all risks resulting from any difference from the soundings found to exist when the sewer is built." *Eng. News Sup., Vol. 50, p. 305. 80 Notes on Contracts and Specifications In sewer work, the greatest item of uncertainty usually arises not through the question of rock or earth, but from the variation in the qualities of soil and through the presence of water. These materials may consist of: (i) earth more or less easily caving; (2) earth or clay consolidated and free from cavings ; (3) sand with or without water; (4) fine sand or quicksand and water. It is usually inexpedient for the engineer to offer the above clas- sification, and the questions of these materials and conditions, while they should be determined as clearly as practicable and given to the contractor as data for use in preparing his bid, must usually be at the contractor's risk. § 6. Design. — To properly design any structure or plant the designer must be familiar with the methods which must be used in construction in order that the construction shall be practicable and can be economically performed. The design and the consequent specifi- cation should not include unnecessary refinements or unreasonable re- quirements that will add to the expense without giving corresponding benefits. The design will have a large effect on the cost of construc- tion and this fact should be duly considered before arbitrary and un- usual details are finally adopted. In the work of designs not only first cost but also the cost of maintenance must be considered and in cer- tain cases cost of operation as well. Low first cost should not be se- cured at the expense of high maintenance or high operating expense but true ultimate economy should be considered whenever practicable. In some cases temporary construction may be necessary to secure the iiltimate ends, and permanent construction can only follow with the development of the property. In plants which are to be maintained and operated there is a personal equation which must be considered. Who will operate and maintain the plant or structure ? The capacity and ability of those on whom dependence must be placed for this pur- pose, needs careful consideration. High grade machinery and diffi- cult maintenance must not be trusted to incompetent men and where inefticient assistants must be utilized for such purposes, simplicity of design is highly essential. In the arrangement of an operating plant the same factors must be considered. If the plant is so arranged that the easiest thing to do is the right thing to do, it may confidently be expected that it will be done but not otherwise. It is not enough that a plant be well and economically designed and carefully constructed. It must also be easily maintained and readily operated by the class of Investigations, Designs and Estimates 81 men that can be secured for such purposes, and these factors are equal in importance to the other physical factors in shaping the design. The study for a design requires an extensive investigation of the various types of similar development that are in practical use and the adaptability of such designs to the conditions of the particular locality under consideration. It is seldom that plans, no matter how success- fully carried out in one place, can be duplicated to advantage in an- other. Each plant should be built to meet the particular conditions under which it is to be installed, maintained and operated, and the best ideas from all sources that will apply to the local conditions should be correlated and embodied in the proposed design. Extensive experi- ence, observation, and study are each desirable and essential for the best results. The structure when completed should be suitable in every way for its purpose but no unnecessary expense should be incurred. The best of everything is not always essential or desirable. "Reduction of first cost to the lowest possible point is in logical or economical order the first consideration ; although therefore not by any means either the most important or the governing consideration. That this is so is easily seen, however often forgotten. It is not only businesslike common sense for investors and their servants, but it is sound political economy for the community as a whole. It does not mean nor imply cheap and shabby construction. It simply means an avoidance of waste, either in saving money or in spending it. It sim- ply means a recognition of the fact that every dollar and every day's work that goes into the ground and does not bring something out of it, makes not only the individual but the whole community poorer." ^ For his own as well as for his client's good, the engineer should endeavor to secure the very best results possible when all things are carefully weighed and considered. No reasonable amount of consci- entious work, painstaking thought, study, labor or expense should stand in the way of such results ; and anything less than this is a detri- ment to future professional attainments, which no engineer, young or old, can afford. § 7. False Economy in Design. — In the building of shafts and tunnels, the cost of excavation and filling beyond the neat lines of the exterior of the lining is sometimes an item of considerable importance. In many cases, designers limit the excavation to these neat lines and ^ A. M. Wellington, Eng. News Sup., April 28, 1904, p. 326. 62 Notes on Contracts and Specifications in consequence the specifications require the contractor to assume all risks of extra excavation and filling- and the extra cost must therefore be included in some other item of the proposal. In some cases, specifi; cations are so drawn as to divide the risk by inserting a clause provid- ing that any excavation beyond the neat lines, due to unavoidable falls and breaks, shall be paid for at a price which is usually named a little less than the actual cost to the contractor.^ By such means the con- tractor is assured of a certain compensation for all excavation and re- filling, but at a rate which wall not make it an object to go beyond these lines on account of a high price for the required filling. In other cases the entire risk is placed on the contractor. In the specification "Concrete lining will be placed throughout the tunnel as indicated by the drawing. Any excavation beyond the neat lines of the tunnel section as shown on the drawings, shall be filled to the satisfaction of the engineer and no allowance will be made therefor." not only is the risk placed on the contractor but the wording is indefi- nite and therefore unsatisfactory. The nature of the filling should be stated, whether clay, rock or concrete. It is easy for the engineer to here specify the character of the material that will be required and leave out the doubtful term ''satisfaction." It should be remembered that, while throwing the cost of this extra fill on the contractor may be an apparent saving in the cost of the work, in order to keep down the amount of additional extra work, extra cost may be involved. Extra cost may be caused First: By drilling holes. Second: By the cost of powder and labor required to break rock to small size for loading. . Third: By the cost of trimming projections from the side of shaft or tunnel. What is desired is the construction of proper work at the least ex- pense to all concerned, and the cost of a reasonable amount of break- ing beyond the ne'at lines may be more than saved in reducing the extra cost of careful excavation. The above is but a single example of how false economy may sometimes be attempted in the preparation of designs and specifications. § 8. Estimates. — Estimating the cost of structures and mate- rial is an important duty of the engineer. The financial success de- 6 See Eng. News, Vol. 52, p. 362. Investigations, Designs and Estimates 83 pends on the actual cost of such works and the works must be financed on the basis of these estimates. If the actual cost greatly exceeds the estimated cost, a project which may have seemed financially attractive may prove a financial failure ; and even if failure does not result the necessary refinancing may prove an expensive handicap. Plans are rarely made for large and important structures that do not require more or less modification during construction. Unless this fact is duly appreciated by the designer and liberally allowed for in the estimates of cost, the estimates will ahvays be found more or less inadequate to complete the structure. The hazards of construc- tion increase with the difficulties of construction. In the superstruc- ture of one of the large buildings of Chicago, designed by one of the best architects of that city, and which was completed without any seri- ous mishaps, the cost of extras increased the original contract price almost twenty-five per cent., or about $700,000 on a $3,000,000 esti- mated cost. Engineering structures are sometimes built in locations where they are subject to considerable hazard due to conditions that cannot be fully predetermined and to the contingencies of storm and flood, which cannot be foreseen. In such cases the ultimate cost cannot be accurately determined and is frequently greater than any estimate that will usually be made. The engineer designing a structure or plant, if unfamiliar w4th the contingencies of actual construction, can scarcely conceive the unforeseen circumstances which may and frequently will occur when his plans are being carried out in the field. An estimate in detail of the reasonable cost of each feature of the work can seldom cover all the costs involved in the construction of such structure and the cost must be overestimated or a large contingent estimate must be added in order to cover the actual cost. An engineering project which will pay only fair returns on a close estimate of cost, is seldom worthy of serious consideration as unforeseen expenses will often make it a los- ing investment. In a recent water power development which was under advise- ment for a number of years, and which was perhaps as thoroughly considered and as carefully planned, both in design and in methods of construction to be pursued, as any other development of late years, the cost of the finished structure exceeded the estimate, by thirty-three per cent. The estimate of cost was about $21,000,000; the actual cost 84 Notes on Contracts and Specifications about $28,000,000. In another case, where estimates were carelessly made, the original estimated cost was $800,000, and the actual cost of the complete development about $2,500,000. It is of course obvious that a project which may be very attractive on a basis of an investment of $800,000 is likely to be a serious failure on the basis of an investment of $2,500,000; and even a project which seems attractive on the basis of a $21,000,000 investment may be seri- ously handicapped by an expense of $28,000,000 unless there is a pros- pect of extraordinary returns on the basis of the original estimated cost. The unexpected extra costs of such developments, due to unfore- seen delays in construction, are often serious. The interest on bonds must be met semi-annually or annually from the date of their issue ; hence interest during construction is an important item in the building of any structure or in the cost of development of any industry, and is an item which is particularly uncertain in hazardous construction. In a recent water power development a flood, the most extraordinary that had occurred on the river within the known records, not only caused a loss of approximately $40,000 to the work under construc- tion, but was followed by continuous and unusually high water for the year following, so that not more than ninety working days were avail- able within the year. In the same project, an ice jam in the spring carried out all the trestle and false works, involving a loss of perhaps $10,000 more. These casualties created a delay of more than a year with an extra interest cost of approximately $100,000. From the above it becomes apparent that all estimates should be liberally made, and that if the financial feasibility depends on a very limited expenditure, the estimates must be made with the greatest of care. Office engineers who have had little or no experience in the field cannot readily appreciate the contingencies of actual construction. Floods, storms, accidents, unavoidable delays in the receipt of materi- als, scarcity of labor, strikes, etc., have comparatively little meaning in the office but they are very real in the field and will constantly occur and add an unanticipated cost to office estimates. These contingencies are a real part of the cost of the work and just as much a part as the cost of material and labor and consequently must be taken into account in the estimates. Published cost figures are often unreliable or misleading. In thr Investigations, Designs and Estimates 85 first place the conditions are not sufficiently defined to assure an un- derstanding of what estimate of cost the figures actually include, and they frequently omit general supervision and general and overhead expenses. In the second place such figures are seldom given unless they are comparatively low. If work has cost an excessive amount the cost figures are not a matter for congratulation and are seldom published. Such figures when used must, therefore, be used with dis- cretion and must be substantiated by inquiries made to determine their applicability to the case in hand. Besides the local physical conditions which must be considered in estimating the cost of construction, there are other factors peculiar to each locality that should be considered. In large cities labor is more plentiful but wages are apt to be higher and labor troubles more nu- merous. The cost of materials, wholesale, is not greatly different in the large or small community. Other difficulties from municipal re- strictions, such as traffic obstruction, etc., are much greater in the large than in the small city. The consequent cost of doing work is therefore frequently greater in the large city, and this is particularly so in regard to subsurface work. Distance from the market for labor and material will also affect the cost. It is frequently difficult to secure and hold labor at points far remote from cities and delays and extra expenses result. Accurate estimates can only be based on a somewhat extended practical experience in actual construction work and the young en- gineer should begin at an early date to secure data of the actual cost of the work which he sees performed, and in so doing should take into account the general and overhead expenses which are not as apparent but are no less real than the actual work and material which are placed in the structure or work. Even personal experience is apt to be misleading. Those who have had experience on difficult and expensive work will overestimate the cost of work where few difficulties or contingencies are involved, and the reverse is equally true and more dangerous to the estimator. The contractor who is used to doing work in large cities can seldom successfully compete with others for work in the smaller cities, and contractors who have been doing work in the smaller places are apt, unless great care is used, to underestimate the cost of work in large cities and accept losing contracts on account of their lack of apprecia- tion of the much greater cost involved. CHAPTER VII DAY LABOR AND CONTRACT SYSTEMS OF CONSTRUC- TION § I. Business Methods. — Two systems may be employed in the construction of public and private works. First: The day labor system, in which an organization consisting of superintendents, foremen, mechanics and laborers is employed and the material purchased by the municipality or owner and the work is undertaken independently of contractors. Second: The contract system by which men or firms who make a business of construction are employed under some form of contract to undertake the work. Each of these systems has its advantages and disadvantages. Each may be entirely satisfactory under certain conditions and very unsatisfactory under other conditions. The choice of system must de- pend on the selection of the least of two evils, when all conditions are considered. From the point of view of the parties having the work done the choice will be made of the system that will secure the lowest cost of construction, the best workmanship, promptness of construc- tion and the elimination of contingences to the greatest degree. It is important on the part of the owner that the actual cost of the work should be closely known in order that he may determine whether the work can be financed and whether its construction will be war- ranted by the results that will be obtained from the investment. The contractor is equally interested in the cost in order that he may definitely know that he can complete the work for a given sum and with a certain profit. Both owner and contractor are interested in a definite knowledge of all of the conditions involved in order that it may be possible to closely estimate what that actual cost will be. The owner often assumes that he can eliminate uncertainty by inducing the contractor to assume all responsibilities, take the risk of all uncer- tainties and undertake the construction at a fixed sum. This can be and is frequently done, but for such service as well as for all other serv- ices, payment must be made and the prices paid for work performed under such conditions is usuallv excessive. Day Labor and Contract Systems 87 When the nature of the work is such that its character and extent can be accurately defined and when plans and specifications for such work are so prepared that they are clear and complete, the uncertain- ties are largely removed and contracts let to responsible and experi- enced contractors are usually satisfactory. When, however, the con- ditions are indefinite and indeterminate, as they may be in hazardous and novel construction from incomplete investigation of conditions or from imperfect and indefinite plans and specifications, any estimate made must be more or less uncertain and will involve a serious risk. Such conditions must result either in exorbitant prices or the assump- tion of serious risks at a low price by contractors, who, under such conditions are apt to be more or less inexperienced and irresponsible. In the latter case, especially if the risk assumed by the contractor is realized to his detriment, there is a strong tendency for him to en- deavor to recoup his possible losses by furnishing and doing as little as he can under his contract. This often results in disagreements and litigation and quite likely in poor work and general dissatisfaction. On the fixed sum contract the interests of the owner and con- tractor are, in the main, directly opposed. The owner's desires are as previously outlined. The contractor's interest lies between a desire for a maximum profit and to establish or maintain a reputation for honesty, efficiency and ability. The latter desire will induce the re- sponsible contractor to carry out his contract even at a loss but is in- sufficient for such purpose with an irresponsible man. The day-labor system seems to offer a way of avoiding the diffi- culties of securing proper work under the contract system. Here, however, the owner exchanges the uncertainty of the honesty, ability and experience of the contractor for similar uncertainties in regard to an organization which he may have to establish for the special work at hand. In many cases he may find the evils he has assumed are as great as or greater than those which he has elected to avoid. The problem then is to choose such business methods of construc- tion as will avoid these difficulties so far as practicable. The answer is not apparent and indeed cannot be always the same, for the difficul- ties in various undertakings are so dififerent that they must be met in each case in different ways and as the circumstances seem to warrant. § 2. Uncertainties in the Cost of Work. — Difficulties, to be eliminated, must first be recognized, and one of the greatest difficulties 88 Notes on Contracts and Specifications in the way of securing the construction of work at reasonable cost Hes in the uncertainties as to what that cost may be. These uncertainties arise from various factors which are here briefly outhned. A. The Engineer. — To the owner who proposes to undertake the construction of a plant or other piece of work, the uncertainty involved in the selection of an engineer is not the least of his troubls nor an un- important factor in the expense of his undertaking. Much depends upon the honesty, integrity, judgment and ability of the engineer. For the best results, he must be a man who will make the interests of his client his own interests so far as equity will permit; his honesty and integrity must be beyond question; his judgment must be developed by knowledge and experience ; he must have the ability to economically design and intelligently supervise the construction proposed ; he must have sufficient self-knowledge to recognize his own strength and his own weakness and sufficient character to subdue his personal pride, and to demand and secure adequate advice on the subjects on which such advice is needed. An engineer with all such attributes is seldom available and such qualifications can only be approximated. No for- mulas can be offered for his successful selection. Careful inquiry among those who have had similar work performed, and observation of the ability developed by men in similar work, are the best basis for such selection. An engineer may be highly successful in one field and a serious failure in some other which is radically different. It lies within every young engineer to develop these attributes of success to a greater or less degree ; much will depend upon his individual will-power to make himself available for responsible service. To the contractor, the engineer is an equally important element of uncertainty, especially where local conditions are unknown, plans and specifications are incomplete, and the contract places large discretion- ary powers in the hands of the engineer. Is the engineer honest, ex- perienced and competent? Is he inexperienced, arbitrary and unfair? Will he shoulder his own mistakes or cover his errors, so far as pos- sible, at the contractor's expense? The answers to these questions would remove one of the greatest uncertainties in the cost of work to the contractor ; but unless the contractor has had previous experience under the same engineer, these questions can be answered only by ex- perience. Complete information covering local conditions, full and Day Labor and Contract Systems 89 complete specifications, a fair contract and provisions for the arbitra- tion of disputed questions will remove much of the uncertainty. B. Local Conditions. — These can be made more or less certain by thorough investigations which should be undertaken by technical ex- perts employed by the owner. The results of the investigation should be made available to those who undertake the construction, who should also be required to make such additional examination and investiga- tions as will give them a personal knowledge of the conditions in- volved, so far as practicable, C. Plans. — Complete and definite plans can be based only on a complete and definite knowledge of the local conditions. They must be indefinite to the extent that the knowledge of the conditions are in- definite. .Complete, definite and proper plans can be prepared only by those who have sufficient knowledge and experience. Indefinite plans are frequently the result of indefinite information as to what should be required. D. Specifications. — Specifications, like plans, are dependent upon both a knowledge of conditions and a knowledge of how the conditions should be met in order to secure the results desired. Their proper preparation is further complicated by the difficulty of so expressing the meaning and intent of the writer that they will clearly convey the same to the reader, and by the fact that their meaning may have to be interpreted under conditions which were not foreseen. E. Contingencies. — Even when a fairly thorough preliminary in- vestigation has been made, and where complete and definite plans and specifications have been prepared, contingencies cannot be eliminated although they will have been reduced. No reasonable investigation can be so complete that it will disclose all conditions that may develop during construction. If some contingencies become of minor import- ance on account of well defined local conditions, other contingencies may arise. Weather conditions may prove unpropitious and cause in- creased expense. Continuous rains may set in and delay work and cause more or less damage. Severe cold weather may reduce output and require protection in the performance of the work. Floods may come and cause great damage, and even tornadoes or heavy winds have added to the toll of extra expense which could not be foreseen. F. Casualties. — Construction work is frequently accompanied by casualties more or less serious. These can be greatly reduced by care 90 Notes on Contracts and Specifications and watchfulness, but humanity will never become sufficiently reliable to eliminate them altogether. On contruction work, every man is de- pendent for his safety on his fellow servants, who are more or less careless and unreliable, and on tools, machinery and apparatus that are liable to contain unknown and serious defects. The results are in- juries or death, and damages and destruction, all of which add to the expense involved. G. Transportation. — Almost every structure is dependent on trans- portation to some extent for its prompt construction and cost. This will probably be satisfactory but may cause trouble. The possibilities of freight blockades, misshipments, wrecks and various disasters add to the uncertainties and expense. H. Equipment. — The satisfactory completion of construction de- pends upon promptly securing the proper equipment for construction purposes as w^ell as the necessary equipment for the project to be con- structed, both of which involve more or less uncertainties because others than the principals to the construction are involved. Manu- facturers may have other orders that have precedence or may be unable to secure the materials necessary for making the equipment, and many other causes make this an item of extra expense. /. Material. — To secure material when needed and at a reason- able price is often a serious difficulty. Both items must be ascer- tained as a basis for a cost estimate, but as an order can seldom be placed at the time the estimate is made, both delivery and cost may change before construction is possible. /. Supervision. — It is exceedingly difficult to secure suitable su- pervision for construction work. Firms having an extended business usually keep a number of dependable men on whom, from their previ- ous experience, they can reasonably rely. Even such firms cannot keep all of the superintendents, foremen, etc., that they need when business is at its best ; and they must depend on their ability to select and secure suitable men for temporary positions. The problem be- comes more difficult and uncertain when an entire force is to be organ- ized for the purpose of a single construction. Letters and recommendations may assist in the selection of such men, but there is no way by which actual fitness can be determined ex- cept by trial, and repeated trials are often necessary. A superintend- ent or foreman who is inexperienced or unsuited to a certain position, may and frequently does add greatly to the expense of the construction. Day Labor and Contract Systems 91 K. Labor. — Skilled and unskilled labor is one of the important variables in the cost of construction. The ability to secure suitable men in sufficient numbers for the prompt completion of construction will greatly reduce cost. When men are in great demand they are hard to secure, the force employed becomes inadequate and not only is the work delayed and the cost of supervision increased, but the men themselves become less efficient. When jobs are scarce and hard to find, the men on the work are attentive and efficient ; but with plenty of work and labor in demand, they become independent and inefficient. The price of labor advances and the amount performed per individual becomes less. These changes frequently occur after an estimate is made and must be considered as one of the serious uncertainties in all estimates. L. Combinations. — Illegal combinations are among the uncertain- ties that will cause extra expense in construction. Combinations of contractors, material men and manufacturers are not unknown, and often seriously affect prices. They can seldom be proved, but they are often no less real. They can often be recognized only by a very defi- nite knowledge of actual values, and their effects on cost can some- ties be obviated only by the rejection of offers and refusal to proceed until such condition can be eliminated. M. Graft. — The form of dishonesty known as "graft'' is more common to public than to private work, because the opportunities in public work are greater. It results from private combinations of dis- honest men who have some influence which can be used to secure the acceptance of unfair prices or unfair work, and a consequent dishonest profit which may be divided among them. No high grade contractors or engineers, worthy of the name, ever enter into such dealings, and while this disreputable defect in business relations is still occasionally encountered and still needs watchful attention, it is believed to be less common than is popularly supposed. A^. Politics. — This evil creates some of the most important uncer- tainties in the cost of construction of public works. It sometimes re- sults in forms of graft which have been previously mentioned but it often takes forms which, while objectionable, hardly justify so severe a title. Political influences are commonly exercised to secure appoint- ments of superintendents, foremen and inspectors who are unqualified for the work, and labor that is incapacitated or otherwise inefficient. 92 Notes on Contracts and Specifications It may be exercised to reduce hours of labor and to unduly increase the compensation paid. The reasons behind it may sometimes be laud- able, the desire to improve labor conditions, the desire to afford work to the unemployed, or may be unscrupulous when exercised for per- sonal influence. In any event, politics is one of the serious uncertain- ties which must be considered in the cost of public works. To the above might be added legal complications, and perhaps other factors which are only indirectly covered in the above analysis. Enough has been said, however, to fairly present the difliculties in the case. Were all of these factors present in every piece of construction, the chances of making estimates that would be reasonably close to the actual costs which could be secured by any method of construction, would be very remote. § 3. Force Account Construction. — The construction of engi- neering work by force account independently of contractors, eliminates certain difficulties involved in work let under a contract, but introduces other difficulties often no less serious. The responsibility for the con- struction and for the cost of the work is placed on such organizations as the owner or nmnicipality may create for the purpose, and the re- sult depends largely on the efficiency of such an organization. Where the work is continuous there is no valid reason, except the local condi- tions, why such an organization may not be established on a business basis and accomplish results which are fairly comparitive with the re- sults which can be accomplished by work done under contract. The possibility of creating an efficient organization is, therefore, the prin- cipal point to be considered. In public organizations there is always the danger that there may be interference in the personnel of the organization and in its activities which will seriously handicap and injuriously affect its efficiency. In such organizations, especially in public work, there is not the per- sonal responsibility for accomplishing proper work at the lowest first cost that obtains in works let by contract. There is no personal in- centive to keep the construction cost at the lowest price in order that there shall be no personal losses and a maximum of personal gain. Frequently this lack of responsibility is felt in common by all engaged on the w^ork, from the laborer to the highest authority. Excessive cost is commonly excused on the basis of supposedly better and more satisfactory construction. Day Labor and Contract Systems 93 The advantages and disadvantages of force account as applied to public works is analyzed by the author as follows : Day-Labor or Force-Accoii Advantages. 1. Employment of local labor. 2. Saves contractor's profit. 3. Eliminates scamping and ineffi- ciency of contractor. 4. Eliminates diflficulty of drawing contracts for complex construc- tion. 5. Permits flexibility and ease of modifying plans. 6. Saving in cost of inspection. nt System for Public Work. Disadvantages. 1. Politics, higher wages for labor, shorter hours and less efficient labor. 2. Usually entails greater actual cost of construction. 3. Introduces ineflSciency of superin- tendents and foremen due to lower wages and political influ- ences in appointments. 4. Difl[iculties more fancied than real and can be overcome by employ- ing efficient and experienced en- gineers. 5. Leads to careless investigation and design and unsafe esti- mates. 6. No real saving possible, inspectors are necessary to prevent care- lessness by foremen. 7. Difficulty of fixing responsibility. 8. Tendency to maintain organiza- tions when not needed. Under favorable circumstances and for certain purposes the ad- vantages may offset the disadvantages, but such conditions are limited. Mr. H. P. Eddy, who investigated the efficiency of certain city de- partments of Boston for the Boston Finance Commission, presented a paper before the Boston Society of Engineers which gave much pertinent information on this subject. In order to determine the general practice of cities in doing work on extension of water pipes and sewerage systems by day labor or by contract, the following information was obtained : Of fifty-eight cities reported concerning the methods used for water pipe extension one- third were doing work by contract, but outside of New England forty- eight per cent were doing the work by contract. Of seventy-three replies in regard to methods used for sewer construction fifty-two were doing work wholly by contract, but outside of New England forty-eight of fifty-one cities reporting were doing work bv contract. 94 Notes on Contracts and Specifications In Massachusetts seventeen out of eighteen reporting- were doing work by day labor. While recognizing the abuses in the contract sys- tem. Mr. Eddy, nevertheless favored that system on account of the greater abuses in the day-labor system. In work done by day labor he found a strong tendency through political influences to employ older and less efficient labor, to increase wages above the compara- tive wages paid by contractors, to shorten hours, to pay wages for Saturday half holidays, general holidays and during sick leave, and by such means to greatly increase the cost of construction. In a comparison of eight comparable pipe sewers laid in Boston by day labor and by contract he found the additional cost of work done by day to be from 48 per cent, to 220 per cent, of the cost of similar work done under contract. Similar figures and conclusions can be drawn from various sources, and while, in some cases, evidence is available to the contrary, such cases are believed to be the exception and not the rule. Where the manager of work done by force account is directly re- sponsible to an owner who gives personal attention to the expendi- tures involved, the objections enumerated above become less valid and better results can commonly be secured. When, however, an organ- ization is effected for the purpose of a single construction, the manage- ment is confronted with the difficulties of securing suitable, experienced and efficient supervision. The best superintendents and foremen are commonly permanently engaged with contractors who have a per- manent and continuous business, and men so employed do not care to break such connections for a position which can be at the best only temporary, and which may leave them at the close of the job without permanent connection. This factor is so important that in order to secure good men it is usually necessary to pay excessive salaries. The manager is at the further disadvantage of having no personal and inti- mate knowledge of the capacity and reliability of the men he must em- ploy, and he must frequently secure them only to find that they are un- suitable for his purpose and are available only because their idiosyn- crasies have made them unsatisfactory for permanent connections. Another serious handicap is the necessity of purchasing an entire construction plant and tools for a particular job, which at its close can be sold only at a considerable sacrifice. Even the purchase of such equipment requires extensive experience and knowedge of the par- ticular contract involved. Day Labor and Contract Systems 95 The engineer, or whoever must undertake the responsibihty of carrying out work of construction on this system, should fully appre- ciate his responsibility and the probable effect of any failure on his client's welfare and on his own reputation and his future prospects. Such work should only be attempted by those who have had actual and extensive experience, and a detailed knowledge of men and equipment, and a knowledge of business methods which are not commonly ac- quired with an engineering education. § 4. Contracts at a Fixed Price. — The oldest and most com- mon method of letting work under contract is by receiving competitive bids of fixed prices. These may be either lump sums or unit prices on each of a number of items which together constitute the entire work. Contracting on a basis of either a lump sum or of unit prices is subject to the objection that the interests of the contractor and of the owner become at once antagonistic. It is the owner's purpose to secure the best quality of work and material at the prices paid, while the natural purpose of the contractor is to do the work as cheaply as possible and to economize both in the character of material and ex- pense of labor, so far as the conditions permit. If the contractor is a man of character, experience and reputation, and if his proposal has been based on definite and clear plans and specifications, his agreed price will contain a sufficient profit to assure the execution of the work in a satisfactory manner. If, however, he is unreliable, inexperienced and places the desire for profit above repu- tation, he may take the work at such a price as to assure a loss if he fulfills his contract. In this event, or possibly in any case, the letting of construction work to such a man will involve constant trouble, and usually poor ultimate results. Work let under contract should, so far as possible, be let only to men of experience and standing. In any but the simplest forms of work that can be clearly and definitely planned and specified, unit prices rather than a lump sum should be required. The letting of work for a lump sum may lead to exorbitant payments or any extra work required. Where a lump sum is bid and a change in the work is made, a supplementary contract must be drawn and a readjustment made in the price to be paid. In such cases the contractor has a distinct advantage, for his compensation is fixed and his own price must usually prevail for any extra work in- volved. The lump sum contract gives no information as to what the contractor regards as a fair price for each item of the work he is to 96 Notes on Contracts and Specifications perform, on which information the deductions for work omitted and the extra payments for work performed might be based. While new work under a contract may be done on the basis of force account, such a method under contract conditions is usually unsatisfactory. The labor will usually be inefficient. When the laborer knows he is work- ing for the company, the state or the city, his incentive to do his best is gone, for all lost time simply adds to the profit of his employer. For this and other reasons, force account work under contracts should be avoided wherever possible, and it can be largely avoided by the use of the unit price system of bidding, which can be used for extra work arising out of the change of plans. Force account also means added work for the engineering department and careful supervision to see that the pay roll is not padded. Notwithstanding its disadvantages, the fixed price system of con- tracting has been found the most practicable method for general con- ditions. It is based on the same principles as other similar business transactions and therefore appeals to the majority of business men.. It also has some additional advantages to the owner in that while the actual cost may be high, a definite limit is fixed, the cost is known be- fore the work is begun, and if the price is too high the work need not 'be undertaken. When a body of business men undertakes to construct a plant or to erect a building, they naturally proceed in the same manner that they would follow in other business undertakings. They commonly neg- lect to consider the fact that they are beginning an undertaking of which they are ignorant and are depending on a personal advisor and his ability to design, supervise, and secure adequate construction. In such cases, invitations to bid are usually confined to responsible con- tractors, but an endeavor is made to let the work at the lowest practic- able price in order that they may secure the most for their money, as in other business transactions. With complete plans and specifica- tions, properly and clearly prepared, the results are fairly satisfactory. When for any reason the price bid is too low to cover the cost of the work, the problem of securing proper construction at an unfair price arises. Many contractors under such circumstances will face the loss, and complete the work in first class and satisfactory manner ; but it is equally true that there are many others who will take every advantage possible in order to effect a saving. When the work is of a well known character and the services to be rendered are thoroughly defined, a Day Labor and Contract Systems 97 lump sum contract is unobjectionable ; but as soon as serious elements of hazard enter the undertaking, such a contract becomes uncertain and must either be taken at an exorbitant figure or at a great risk of loss. Under such conditions, either the force account system or some other form of contract becomes desirable. § 5. Excessive Waste in Competitive Bidding. — The expense to contractors in estimating on work which they do not secure results in a great economic waste from competitive bidding as it is now con- ducted. The Illinois Chapter of the American Institute of Architects in 1907 gathered statistics from five representative contractors who made competitive bids for buildings, costing from $100,000 to $150,000. From these statistics it appears that the average number of contracts estimated by each builder was seventy-two, and the average number of contracts taken, ten. The average expense of each estimate to the general contractor was $125 and in addition the expense incurred by subcontractors and material men was $378, making a total of $503 spent on each estimate by the contractor, subcontractors and material men. In addition to this expense, the head of each firm spent an av- erage of twenty-one per cent, of the total time given the office business on these estimates. The average number of general contractors esti- mating on each building was approximately six, making a total cost of $3,018 on each building or from two to three per cent, of the cost of the building. Taking the total number of estimates made for the five contractors and deducting one-third for subcontractors' estimates used in com- mon by the general contractors, leaves approximately $120,000 as the total cost for estimates made on all work by these five firms. As the five contractors secured a total of fifty contracts, the expense of the bids from which work was secured was $25,150 and the expense in- curred for estimating contracts which were not secured was $95,000, which amount was a dead loss to the five contractors, subcontractors and material men in one year. This loss can, in the long run, come from but one source, and that is from the owners of the buildings erected. The committee in making this investigation estimated that in 1906, $63,000,000 in building work was done in the city of Chicago and that the expense of estimating was at least $1,260,000, of which $1,000,000 was fruitlessly spent on unsuccessful estimates. • The committee suggested that this expense might be curtailed by 98 Notes on Contracts and Specifications employing a professional estimator to make a complete estimate of all labors, materials and expenses involved in a proposed building. This estimator should be paid by the owner and should be absolutely inde- pendent. The committee expressed the opinion that the nature of the estimator's position would enable him to secure low prices for the great mass of material by eliminating middlemen's profits and reducing op- portunities for combinations. It was suggested that the owner should go over the plans and specifications of the building and the estimator's report of the cost of construction, and if he found the cost satisfac- tory, he should turn the papers over to a contractor satisfactory to himself and his architect. If the contractor was also satisfied with the amount of the estimate, he could be given the contract for the esti- mated amount, plus a fixed fee, depending upon the character and mag- nitude of the structure. At the completion of the work, if the building costs less than the estimate, the committee suggests that the amount should be divided equally between the contractor and the owner ; while if the cost ran above the estimate, the loss should be equally divided. They believe that in this way the interests of the owner and of the con- tractor could be made the same, and that their relations would there- fore be harmonious instead of antagonistic. The difficulty in making such arrangements would probably be due largely to the lack of ac- quaintance between business men and contractors and to the fact that, as few men put up more than one or two buildings, they would natur- ally see greater economy in competitive bidding than in awarding the contract without competition. The suggestion is, however, worthy of careful consideration, as some system of preventing unnecessary expense is desirable and all practicable economies will result both in reduced cost of construction and greater profits. § 6. Contracts for Cost Plus a Percentage. — To obviate the difficulties of the fixed price contract, various methods have been sug- gested and tried with results more or less satisfactory. The most com- mon method has been to pay the contractor the actual cost of the construction work with specified percentage thereon as compensation for his overhead expenses, personal services, and profits. The advantages claimed for this system is that, as the risk or hazard of construction is entirely removed from the contractor, the owner can secure his services with the advantages of his skill and ex- perience for the lowest practicable amount. While the" owner is Day Labor and Contract Systems 99 obliged, in this case, to assume the hazards or contingencies of construc- tion, he will pay only such costs as are actually incurred and for which he should equitably pay. There is no doubt but that the removal of hazard is an important factor in low bidding. Any successful man must charge prices which are sufficient to cover not only the actual cost which can be intelligently estimated, but also those contingent expenses which cannot be ac- curately foreseen, but which, nevertheless, will surely occur. Tenders from responsible contractors for work at a fixed price are bound, there- fore, to be high enough to cover reasonable and possibly unreasonable conditions. The percentage basis for the letting of contracts is, however, open to objections. One important objection is the fact that every increase in cost increases the amount payable to the contractor. Increased cost, while a detriment to the owner, is a direct financial benefit to the con- tractor. Not all contractors are strong enough morally to withstand the resulting temptation. Another serious drawback to all forms of contracting for cost plus a certain definite or variable return to the contractor is due to the inefficiency of management which is likely to result where a contractor's profit does not depend on his ability to do work economically. Where he has little or no financial interest in the actual economy of construc- tion, the personal care in the choice of men and equipment and the close supervision which obtains under fixed sum contracts are often missing, with more or less unsatisfactory consequences. Experience shows that it is almost or quite impossible to secure efficient working conditions under the cost plus percentage arrange- ment. The foremen and laborers, appreciating the fact that the con- tractor to whom they are directly responsible is not dependent on their greatest efforts for his returns, will almost uniformly reduce their ef- forts, with a resulting increase in cost and perhaps a detriment to the quality of work. While the lump sum price assures personal responsibility, the con- tractor will not attempt work unless he feels confident that he can prop- erly equip the same with suitable plant and supervision, as otherwise his chance for a profit would be small. In prosperous times, when the amount of work to be done is considerable, there is a strong temptation for the contractor, under the cost plus a percentage system, to take all work offered regardless of his ability to furnish suitable supervision and equipment. Such conditions are of course disastrous to low cost 100 Notes on Contracts and Specifications of construction and to satisfactory work. The use of the percentage form of contract should therefore necessarily be limited to firms with well established reputations, and must be confined to work for private companies not bound by the legal restrictions which govern public works. Under certain conditions such a plan is undoubtedly desirable. In extending the rapid transit system of New York City it became nec- essary to construct a third track on the Second, Third and Ninth Ave- nue elevated railway lines. The difficulties in the way of the extensive improvements required were serious, and it was necessary to affect the improvement with a minimum risk of danger and the least prac- ticable interference with traffic on the elevated structure and on the streets below. The improvement aggregated about fifteen miles of such work requiring the fabrication and erection of about 50,000 tons of structural steel and at an estimated cost of $8,000,000. The ^lan- hattan Elevated Railway Company decided to employ certain responsi- ble contracting companies to do this work on the basis of cost plus fifteen per cent. This was made necessary on account of the intimate relation of the work to be done to the operation of the elevated rail- ways and the safety and convenience of the public. It is evident that it would be extremely difficult, if not impossible, to have prepared a sat- isfactory contract and specifications in order to have arranged for a public letting, and quite impossible to have provided for safe and sat- isfactory operation and, at the same time, have secured reasonable bids by the ordinary method of competitive bidding. § 7. Contracts for Cost Plus a Fixed Sum. — In recent years the objection to the cost plus a percentage form of contract has been somewhat reduced by changing the basis from a percentage to the cost plus a fixed sum. By this form of contract, the contractor cannot profit by any increase in cost, but on the other hand will secure the greatest returns to himself by the least expenditure of time and money for the owner. This plan eliminates certain objectionable features of the percentage form of contract but does not eliminate the inefficient methods and unsatisfactory labor conditions. § 8. Contracts for Cost Plus a Variable Premium. — Another form of contract has been used to some extent in "the last ten years. Under this form of agreement, the contractor undertakes to complete the work for a fixed sum and in a definite time. In addition to this sum, he is to be paid a stated premium which is reduced or increased, accordingly as the actual cost and time of completion are greater or less than the stipulated costs and time of completion. Day Labor and Contract Systems 101 The advantage of this form of contract is that the owner can de- termine the final cost almost as closely as under the lump sum contract. If the cost of the work is less than the estimate, he is benefited to the extent of one half of the amount saved; while the other half is paid to the contractor as an extra premium earned. If the cost of the work increases above that of the estimate, half of the additional cost is paid by the owner and the other half is deducted from the contractor's pre- mium. If the work is completed in advance of the fixed time, the con- tractor receives a certain agreed sum per day for the time saved ; and if completed behind time, a corresponding deduction is made in the premium paid. The principal objection to this form of agreement arises from the possibility that the estimated cost may be high and the time of completion too great, under which condition the contractor may secure an unfair premium by his ability to reduce the cost and time below his estimates. If, however, this form of agreement is put into competition with lump sum bids on the basis of the estimated cost and time provisions as has been proposed, an advantage may be se- cured by a reduced cost and by the unity of interests w^iich should en- sue from this form of agreement. In a somewhat similar contract made in Boston, the agreement provided that the contractor should receive first the actual cost of the work plus ten per cent, of such cost. Upon the final completion of the w^ork, the total cost plus the percentage was to be compared with the estimated cost made by the engineer, and provisions were made in the agreement, in case the estimate was unsatisfactory to the contractor, for a revised estimate by a board of three engineers. If the total cost of the work exceeded the estimated cost, then one fourth of this excess was deducted from the ten per cent, to be paid the contractor; and in case the work w^as less than the estimated cost, the contractor was en- titled to receive one fourth of the amount saved. The entire cost of small tools and supplies used was charged to the work, and the cost of machinery, tools and appurtenances purchased for and used upon the work, less their value at the end of the contract, was also included in the computed cost. There is no apparent reason why a contract under the above plans may not be satisfactory and may not be applied to the carrying out of public works under open competition. This could be done by con- tractors stating in their proposals the percentage they would accept in addition to the actual cost of the work, with proper provision for addi- tions or deductions to be calculated on the basis above mentioned. CHAPTER VIII ENGINEERING AND ARCHITECTURAL WORKS CON- STRUCTED UNDER CONTRACT § I. Public and Private Works. — By the term "public works" are meant works for municipalities, counties, states, and the nation, many features of which are controlled by law. By the term "private works" are meant works constructed by private parties, partnerships or cor- porations, such as private buildings, railroads, hydraulic plants, etc., which are not controlled by law so far as the form of contracts, charac- ter of specifications, and methods of letting contracts are concerned. The whole procedure of authorizing work, fixing contract requirements, advertising for proposals, receiving proposals, letting work, consum- mating contracts, and interpreting contracts differs materially in public work from that used in private work. The laws governing the making and letting of contracts for public works have been framed to obviate collusion and fraud, and their re- quirements must be observed in order that a legal contract may be made. Public works must usuallv be let onlv after advertising^, and to the ''lowest responsible bidder." State laws sometimes require public work to be advertised for a certain length of time, in certain ways, and to a certain extent, previous to the letting of the contract. The legal or charter requirements for advertisements are imperative to secure the validity of the contract. Where the law provides that the contract shall be given ''to the lowest responsible bidder giving adequate security," such bid cannot be arbitrarily rejected. Any act whereby a higher bid- der is made to appear the lowest, will invalidate the contract.^ The contract to be valid must be executed without alteration in plans, specifications or time ;- but when laws do not require contracts to be awarded to the lowest bidder, alteration may be made in con- tracts before they are executed. Void contracts cannot be legalized by public officers but may be 1 Wait's Engineering and Architectural Jurisprudence, sec. 140. 2 Ibid, sees. 141, 142. Works Constructed Under Contract 1 03 ratified by legislative action.^ Any reasonable requirements imposed on bidders to secure or facilitate comparisons of bids lie within the dis- cretion of the official letting the work, and such requirements must be observed. When a certified check or other security is required with a bid for public work, and through error a mistake has been made, such security must be forfeited and public officials have no authority to waive such forfeiture. Determination of responsibility is discretionary but must be exercised in good faith. Acceptance by a public official may not, and usually does not, complete an agreement until such acceptance is formally ratified by the governing body. In the preparation of the contract and specification, it is necessary to keep in mind the distinction between public and private works. Con- tracts and specifications for public work must be so drawn as to allow opportunity for intelligent competition. "When the law provides that the work must be let to the lowest responsible bidder, any clause in the contract which fixes the price for extra work without bids on that sub- ject is illegal, and payments at rates specified may be enjoined at the suit of a taxpayer."* In many cases the bid of contractors on their own plans may be illegal under similar circumstances, as public bodies are usually empowered to determine the lozcest and not the best bid.^ In numerous cases however bids on alternate paving specifications have been declared legal,*^ although such decision seems illogical and based on a misapprehension of the principles of competition." In the execution of public work, no departure from the contract requirements can be legally permitted, but the specifications must be rigidly enforced, even though such change might result in better work. The public is not bound by principles of justice and equity and is not interested in the contractor's success or failure, and any changes which are made to benefit or assist the contractor are apt to be misconstrued and criticised and may involve serious consequences to the engineer. Private work, on the other hand, may be advertised or it may be let without advertisements, by public competition, competition between 3 Ibid, sees. 141, 142. 4 Moynchan v. Birkett (Sup. Ct. 2d Dept.), 31 N. Y. S. Rep. 293. '•Engineering News, Vol. 74, p. 609; also 57 Wash. p. 649; 4 Neb. p. 160,* and Dillon's Municipal Corporation, sec. 807. 6 Eng. News, Vol. 74, p. 1048. -! Ibid, Vol. 74, Dec. 16, 1915. 1 04 Notes on Contracts and Specifications selected parties or by agreement with a single contractor, as the owner or corporation may elect. In a private contract a verbal acceptance of a proposal may consummate the contract, and awards should there- fore usually be made subject to the making of a written contract, if such written contract is desired. In private work, other conditions and requirements are also radi- cally different from those for public works ; alternate bids, modifica- tions of requirements, adjustments and betterments that conditions seem to require in carrying out the work in hand may be made when- ever the parties to the contract agree. Rights may be waived, obliga- tions cancelled, and extra compensation granted, whenever it appears that such actions are warranted by justice and equity or by expediency. It is true that in public contracts, the legal requirements have been sometimes ignored or neglected, and no serious consequences have fol- lowed. Many such contracts which were invalid have been made and the works completed and paid for, even in some cases where there has been wilful neglect, dishonest intent and collusion and fraud. This has been due only to the fact that 'the question of validity has not been raised in court. In other cases, honest errors, due to a mistaken conception of legal requirements, not well established by court decisons. have resulted in heavy losses and sometimes in financial failure to contractors who have honestly and conscientiously entered into otherwise fair and reasonable contracts for the performance of public works. The risk of ignoring legal requirements is too great, and no con- tractor should enter into a public contract which is not clearly legal in every detail. In the preparation of contracts for public works, it is therefore evident that the engineer is in equity bound to see that his designs and specifications are especially definite, full and complete, and as the re- requirements of the contract cannot be legally waived, especial precau- tion should be taken to see that they are fair and reasonable. The contractor, on his part, should ascertain either personally or through attorney 'that all legal requirements have been complied with ; that the ordinance or order authorizing the work has been legally passed ; that the work has been legally advertised ; and that the con- tract and specifications fulfill all legal requirements. Ignorance of the law excuses no one, and in doing business with the public a knowl- Works Constructed Under Contract 105 €dge of all requirements is assumed by the court and is neglected at the peril of the private citizen. § 2. Negotiations for Construction Contracts. — The negotia- tions which are necessary prior to the consummation of a construction contract will vary in kind and formality with the nature of the work to be done. Where the party letting the work is a private person or cor- poration, such negotiations may take any form desired. Usually the owner will invite bids based on specifications more or less complete, with or without some proposed contract form. The request for pro- posals may be advertised or notices may be sent to such parties as may seem available for the work in question. The purpose of soliciting more than a single bid for either public or private works is to secure for the public or the owner the advantages of competition and the right to select a proposal which is advantageous. By such competition, contractors are induced to make close estimates, the amounts of which are usually dependent upon the amount of similar work available, and the state of the market for labor, materials, etc., to be furnished. Competitive lettings, if honorably carried out by all parties, are usually the most desirable methods of letting construction contracts. Where, however, the value of the work to be done, or the materials to be furnished, is well known, it may prove more satisfac- tory in private work to let the work without competition to a respon- sible contractor known to do satisfactory work or furnish the supplies, material or machinery especially desired, and at a mutually satisf;^c- tory price. Satisfactory results from private lettings are dependent on honorable dealings, and this method is perhaps open to greater oppor- tunities for dishonesty when the work is let by a third party (the engi- neer or some other official), and not directly by the owner. § 3. Dishonesty in Competitive Letting. — The competitive letting of construction contracts is also open to dishonest practices. Con- tractors may combine with each other with the intention of securing high prices under apparent competition, where no such competition actually exists. Apparent competition has been sometimes secured by more than one bid by apparently different but actually the same par- ties. If the two bids submitted by the same party were both lower than those submitted by other bidders, the lower bid would be withdrawn on account of alleged mistakes, allowing the higher bid to stand and thus securing the contract at a price greater than the lowest price at which the contractor was reallv willine to undertake the work. This with- 106 Notes on Contracts and Specifications drawal of a bid could be formerly accomplished on the common law right to withdraw or revoke an ofifer at any time before its acceptance. To prevent such withdrawal, bidders, especially on public works, are now usually required to accompany their proposals with certified checks or bidder's bonds, which they agree to forfeit if they revoke their pro- posal. Where negotiations are carried out between private parties and responsible contractors, the requirement for a check or bond to accom- pany the bid is seldom made, as in such cases proposals are usually made in good faith and will be carried out if accepted. Contractors also sometimes agree among themselves on the party to whom the award shall be made. The lowest bid. sometimes at an exorbitant price, and the contrsictor to submit it will be agreed upon, and other contractors will either withdraw or submit higher bids in or- der to simulate competition. Such combination can be prevented only by a knowledge of the real value of the proposed work. These coni- binations are illegal and, in case of public lettings, may in fact be criminal. If they can be proved, they will invalidate a contract so se- cured, whether public or private. Occasionally competitive bids are invited only for the purpose of compelling a favorite bidder to reduce his bid to the lowest possible amount and with no intention of utilizing the bids so submitted, except as a means of forcing the favorite bidder to reduce his bid. It is evidently unjust to request proposals from bidders whose bids will not actually be considered, and thus cause a needless expenditure from which they can receive no consequent possible benefit. Any en- gineer or business man pursuing such tactics will soon find himself in ill repute among responsible contractors and his future attempts at securing satisfactory bids greatly embarrassed. The engineer should know no friends nor favorites among the bidders in the letting of any work to be done under his specifications and should strive to award the contract to the lowest and best bidder in all cases. § 4. Restricted Lettings. — For private lettings, proposals may be restricted to those persons or companies known to be most reliable or capable, and others whose capacity or capabilities may be question- able mav be excluded. Where the knowledge of those letting the work is sufficient to justify such discrimination, such a selection seems de- sirable, as it greatly simplifies the selection of a responsible contractor and prevents a needless expenditure by those parties who might other- wise desire to make proposals which would, for the reason mentioned,. Works Constructed Under Contract 1 07 receive no serious consideration. Ethically only such bidders should be included in the request for proposals as the owner is willing to con- sider in awarding the contract. To secure proposals which are competitive, they should all be based upon plans and specifications which should be as specific and in as great detail as praticable, and all available information should be furnished to each bidder alike. Any additional information that will give the advantage to any favored contractor is an injustice which should be strenuously avoided ; and when such information is furnished by an official, without the knowledge of the owner, such action is dou- bly dishonest and operates as an injustice not only to other contrac- tors but also to the owner who under such conditions has not the real competition to which he is justly entitled. So far as practicable, the controlling factor of the letting should be the lowest bid. This cian often be accomplished by making the specifications so complete and definite that other differences shall be obviated. If any owner desires to confine his purchase to a single company, he should inform himself, either directly or through his engineer, by proper inquiry and investigation so that he may feel that he possesses the requisite knowledge of values to undertake negotiations with such company without putting others to needless expense. § 5. Securing Low Bids. — It is the reasonable desire of every engineer and owner to secure bids for the proposed work to be let un- der contract at as low a figure as can reasonably be made, and at the same time assure good material and good work. To accomplish this, the ideas of the parties who are asked to undertake such work must be understood and appreciated, for if requirements are made which are unnecessary and add to the expense or increase the hazard and consequent chance for extra expense, they should be eliminated. The wishes of the contractor in these matters cannot and should not be ignored but should be considered so far as practicable, for aside from the question of equity, there is the question of expense, which will always appeal to the owner. Mr. Richard Morey, of the Morey-Faulhaber Construction Com- pany, expressed his ideas on how to get low bids from good contrac- tors, in a paper before the St. Louis Railway Club, as follows : "1. Give full and detailed information as to the work, all dimensions, quantities, classes of materials; everything that can possibly be used to fig- ure costs. 108 Notes on Contracts and Specifications "2. Ask for bids on as many units as can be applied to the work. This may increase slightly the office work, but it will reduce costs. To use grading as a simple example, a contractor will bid lower and the work will cost the railway company less, if the proposals are made so as to separate bids on excavation hauled, excavation wasted, embankment borrowed, over- haul with a short free haul and all possible classifications of material. To the contractor this means that uncertainties are reduced to one or two items and that he will be paid for just what he does. To the railway com- pany it means an elastic contract that readily covers the inevitable changes of line or plans, and that the company pays for just what it gets. "3. Rewrite some of the clauses in the contracts and specifications, par- ticularly those which applied to former conditions, but do not fully cover present ones, and, especially, some of them which have grown from inter- lineations mad© from year to year in your printed forms. "4. Recognize the relation between the responsibility of the contractor and the requirements for the bond and the retained percentage. At the time the contract is signed, and the responsibility of the contractor is measured by the full amount of the contract, the railway company is satisfied with a bond; later, as the work is near completion and parts of it even in use, the railway company still has the bond and also the retained percentage and the con- tractor's responsibility has become insignificant. "5. Give us as inspectors men whose knowledge of the work at least approaches that of our foremen. "6. Give us our full quantities on our monthly estimates and then see to it that the vouchers made to cover those estimates move promptly through the auditor's office to the treasurer." « § 6. Suggestions of American Society of Engineering Contract- ors. — A committee of this society submitted a report in January, 1913, in which the following desirable requirements for public con- tracts were expressed : "1. The committee thinks it impossible to submit a complete form to cover all phases of all engineering contracts, but a work of much value can be done by adopting some general principles and formulating them so that they may be made a part of substantially every contract. "2. Every condition, of whatsoever character, by which the parties are to be bound should be submitted to bidders as part of the specifications on which they bid. The contract to be signed should be annexed to the specifications. In this way the bidder is not liable to be surprised by new conditions appearing in the contract submitted for his signature after his bid has been made and accepted. "3. The greatest vice of contracts is uncertainty. In adopting any form of contract or specifications every effort should be made to secure exactness of definition of the rights and duties of both parties. 8 From the "Proceedings of the St. Louis Railway Club." Works Constructed Under Contract 109 "4. Recognizing the impossibility of foreseeing every emergency, some authority must be devised for the determination of either unexpected physi- cal conditions or unforeseen ambiguities in the contract. "5. The first requisite to this is promptness, so that the work may proceed. This doubtless requires that all disputed questions shall be pri- marily settled by the engineer present on the work. "6. While the engineer is the best-fitted person to reach a prompt de- cision, his relation to the owner unfits him for an impartial decision. There must, therefore, be some provision for an appeal to an impartial tribunal and final settlement of all disputes by it. "7. Disputes should, as far as possible, be settled as the contract progresses, so that the parties can know how they stand. To this end all matters of dispute should be reduced promptly to writing and all appeals from the engineer's decisions should be promptly taken. "8. Each party should assume full responsibility for his own share of the contract. "9. This involves the assumption, by the owner, of responsibility for the local conditions and for the borings or other explorations of the site. The contractor should bid on guaranteed local conditions, with an increase or reduction of price for variations from these. The locality belongs to the owner, and the contractor should not be obliged to gamble on it. "10. The principle also requires that a contract should not both provide the exact details of construction and guarantee the result. If the con- tractor is to do the work according to exact plans furnished him by the owner, the owner should take the responsibility for the result. If the con- tractor guarantees the result, he should be free to adopt his own methods of construction. "11. The contractor, especially when bound by a time limit, should be given the utmost freedom as to the order and manner of doing the prescribed work. "12. Definite provision should be made for the assertion, in writing, of demands made by either party varying from the normal contract price. The contractor should give prompt notice of a claim for extras and the owner of a claim for a decrease or for the assessment of damages. "13. Some rule should be prescribed for the owner's protection in case of delay on the contractor's part, either by a right to annul the contract or to take over the work, in whole or in part, or to deduct actual or liquidated damages. The subject is one of great difficulty and needs most careful consideration. "14. The contractor should be protected from loss by delay of the owner or the owner's other contractors, and provision made for settling such losses without suit where possible. "15. What is the proper amount of retained percentages? What should be the maximum part of the contract price to be retained until final payment? Differences of opinion should be adjusted and a uniform rule adopted. 1 ] Notes on Contracts and Specifications "16. Material men insist that the contract bond should provide for pay- ment for materials and labor. This leads to greater security to the material men and consequently lower prices. But it is an unnecessary cost to con- tractors of established credit. This subject needs the views of both sides. "17. Some contractors and engineers maintain that the contract condi- tions should be as brief as possible. Your committee believes that all sub- jects which experience has shown may produce conflict should be definitely disposed of by the provisions fixed in the contract, even if this extends its length. "18. After every effort has been made to avoid all uncertainty in the contract and to settle all disputes as they arise, some honest differences of opinion as to the rights of the parties may persist to the end of the con- tract. The final settlement of uncontested matters should be made without prejudice to the right of the contractor to recover disputed claims in the courts. It has, unfortunately, become too common to declare that on final payment the contractor shall sign a release of all claims arising out of the contract. This is a one-sided and dishonest provision. When payment is earned by a fulfillment of the contract, it ought not to be denied because the contractor believes that he is entitled to more, nor should he "be forced by necessity to waive access to the courts to correct wrongs done him in the course of his contract." The report further referred to various forms of contract drawn by definite authorities, including the Royal Institute of British Architects and the American Institute of Architects, commending these forms in many respects, but added : "One general remark may be m^ade in regard to nearly all such forms — that they have been generally prepared by persons representing owners, such as architects and engineers, and that, however fair their intention, the inevitable tendency has been to protect the owner's rights at the cost of the the contractor's." § 7. Further Suggestions. — In 1904 various engineers, manu- facturers, contractors and material men, met in Gulfport. Mississippi, to organize the American Public Works Association, and among other things adopted the follow^ing as the basis which in their opinion should imderlie the making of public contracts : "1. When state or municipal statutes conflict with association rules the latter shall be waived. "2. When work is done on a percentage basis, security should be given to guarantee estimate and faithful performance of the work. "3. Designing engineer shall not compete for work advertised to be let under his plans and specifications. "4. No bids shall be asked until money to pay for the work has been provided. "5. Bids shall be opened and read in public. Works Constructed Under Contract 1 1 1 ^'6. No bids shall be submitted after time named in advertisement. "7. No bids shall be withdrawn after time set for opening of bids. "8. Illegibility, or ambiguity, shall invalidate a bid. "9. Bidders shall not be permitted to change prices stated in bid. "10. Bids shall state specifically, make of apparatus or machinery pro- posed, and same shall be specified in contract. "11. When all bids are rejected new bids shall not be made on the .same specifications without readvertising. "12. The amount of certified check required shall be stated in ad- vertisement calling for bids. "13. Bid bonds may be substituted for certified checks. "14. Checks or bid bonds shall be returned to all but successful bidder as soon as award of contract is made. "15. Award of contract shall be made within thirty days after bids have been opened or checks returned to bidders. "16. Bond shall not exceed 25 per cent of contract price. "17. Twenty days shall be allowed contractor in which to furnish a satisfactory bond. "18. In event of discrepancies between the drawings and specifications decision of the engineer shall be final. "19. All instructions regarding work shall be given by the engineer or his assistants. "20. Extra work shall only be done on written order of engineer when authorized by contractee at a price to be agreed upon. "21. In deducting material not required only the value of same shall be •deducted. "22. Changes in construction shall not be made to lessen quantities of material in transit or in process of manufacture unless contractor be paid for all actual loss occasioned. "23. When a specific make of machinery or apparatus is specified in contract same shall be furnished in accordance with manufacturer's plans and specifications submitted with bid. "24. Engineer or his authorized assistants shall at all times have access to the work and materials for purpose of inspection, and have notice of con- cealed work before it is covered. "25. In event of emergency work contractor shall notify engineer and engineer shall furnish inspector. "26. Work done in regular progress of the contract and ordered torn ■down for purpose of inspection, if found to be in accordance with the speci- fications, shall be at the cost of contractee. "27. Engineer shall give written notice to contractor when work or ma- terial has been rejected. "28. Monthly estimate shall be made on or before the fifth day of each month. "29. Monthly estimate shall be based on the contract price and shall include all material delivered and labor performed. 1 1 2 Notes on Contracts and Specifications "30. Ten per cent of monthly estimate shall be retained by contractee- until work is completed. "31. Time shall be allowed contractor for delay caused by strikes, acci-^ dents or other causes beyond his control. "32. When work is completed engineer shall accept or reject same within a reasonable time. "33. Contractor is released from all future responsibility when con- tractee takes possession of plant, whether settlement has been made or not,, unless otherwise agreed." § 8. Rights of the Contractor. — The suggestions made in the previous section, representing the point of view of the contractor in regard to the principles that should be observed in the preparation and in the letting of contracts for public works, should receive due consid- eration by engineers and others who are connected with such work. It would seem to all who are familiar with contracts for public works that much injustice is commonly imposed on contractors by the forms of contracts ordinarily prepared. It is often unconsciously assumed that the only one to be considered in the preparation of a contract is the public or owner, and that the engineer must guard their interest in every way, with just as little thought for the interests of the party of the second part, who must take up the real burden of practical construe tion, as is possible without driving contractors from the field. These unjust covenants have been used so long in the making of contracts that they are copied, rewritten and strengthened, frequently without realization of the fundamental inequity involved, and with a strong conviction that they are essential to properly protect the public or the owners, and sometimes perhaps to show that the engineer or attorney has the welfare of his client properly conserved. It is true that the party letting the work may word the contract as he will, and that any injustice he may desire to inflict, if within the law, may be included if contractors can be found to accept such a con- tract. Unjust provisions commonly and rightfully add to the cost of the work and the owner is often unduly taxed for unfair and unneces- sary requirements inserted in the contract by the engineer or attorney,, which add nothing to the owner's protection or to the value of the work. While it is true that contractors may exercise their option as to whether or not they will stibmit bids at a ptiblic letting, it is also true that with large overhead expenses for eqtiipment, plant and permanent staf¥, they are frequently, for financial reasons, practically forced to Works Constructed Under Contract 1 1 3 submit to arbitrary and unjust exactions rather than to remain idle. They are therefore not altogether free agents in these matters. Honest contractors frequently complain that contractors as a class are regarded as dishonest and unscrupulous, especially by the young and inexperienced, and that unjust contracts are the result of this false conception. This is possibly true, and if so is unfortunate; but every experienced man, whether engineer or contractor, knows that there are men in every walk of life, in every business and in every profes- sion who are bound only by their legal obligations and give little or no thought to ethical and moral obligations. There are unfortunately others who will go even further than this, and who will pursue dis- honest and illegal methods of securing business advantages, even with the chances of serious legal punishment. Connected with engineering and architectural works are not only the engineer and contractor, but the client, owner, inspector, the me-* chanic and laborer, and in public work, the politician and sometimes many undesirable characters who draw their living from the public purse. All classes of men possess quite similar characteristics ; some of every class possess honor, integrity, experience and ability, while oth- ers are dishonest, inexperienced and incompetent. Some are depend- able, some tricky, and these characteristics are possessed in various degrees and are manifested in various ways. No business or profes- sion has a monopoly on either the desirable or the undesirable traits, and the men who follow the engineering profession and the business of contracting are no exception to the rule. The men who contract for engineering and architectural works are, as a class, men of experience and ability whose close contact with the details of construction has given them usually a more exact and more definite knowledge of means and methods than that possessed by the engineer. As they usually devote their time to some particular line of work, they frequently become specialists whose services can be utilized to great advantage. There are also others, novices in the busi- ness, sometimes ignorant and uninformed, who desire to enter the con- tracting field, ready to assume any risk for the purpose of experience and possible profit. The actions of men are not only modified by their experience and integrity, but their point of view is also frequently modified by condi- tions which play an important part in their action. The contractor who 1 1 4 Notes on Contracts and Specifications has secured and is carrying out a profitable contract may act in a very different manner when he has undertaken a losing contract. In the first case he may be generous, obliging and conscientious ; in the latter case, close technical and perhaps more or less unjust and possibly un- scrupulous. The desire to protect himself from losses more or less serious, may make an entire change in his feelings, actions, and point of view. The engineer whose plans and specifications are well prepared and complete, who has fully covered all emergencies in the plans and con- tract provisions he has prepared, may be fair, just and considerate. If his plans or specifications are in error or incomplete and his reputation for ability is at stake, he may become unfair and unjust and may be willing to sacrifice others financially to protect himself and cover up his mistakes. It is the common assumption in most contracts that the engineer is the arbiter who stands between the two parties to the contract, and will adjust fairly and equitably all disputes which may arise in the premises. This assumption may be made a legal obligation when agreed to by both parties, and will be maintained by the courts within rather wide limits if this function is exercised with reasonably good faith. That the engineer is a disinterested party from whom perfect jus- tice can be expected under all conditions is, to a considerable extent, a legal fiction. All men are prejudiced by their relations and consequent point of view, regardless of their personal inclination and desire to ren- der substantial justice. No engineer employed by an owner, in con- stant communication with him and acting as his personal agent in deal- ings with the contractor, can have a perfectly unbiased view point in regard to the questions which arise and which he is required to arbi- trate and decide, especially if such matters are largely discretionary and rest purely on judgment. Usually the very points to be decided are raised between the contractor and the engineer before his clients know that any difference actually exists, and the engineer is commonly too close to the work to always obtain a proper perspective concerning the questions at issue. The different points of view frequently give rise to perfectly honest differences in opinion between the engineer and contractor, and frequently involve unfriendly relations which color every question which may arise. Tlie whole question becomes quite a different one if judgment and discussions are eliminated and the con- Works Constructed Under Contract 1 1 5 trol of the engineer is confined to technical findings which are based on comprehensive plans and explicit contracts and are susceptible of only one interpretation. With these conditions in view, it is folly to assume that depend- ence can be placed on the good faith of the parties to any considerable extent in the making of contracts. It is desirable in all business afifairs to avoid relations with men who are lacking in ethical and moral prin- ciples, and especially those who are unquestionably dishonest in their dealings. The possession or lack of these qualities is seldom obvious, and it is quite impossible to avoid all business relations with all parties having objectionable tendencies. Good faith and confidence should have little place in the preparation of a contract, but justice and equity shoidd be its foundation. Neither party to the contract should be com- pelled to depend on the good faith of the other or of the engineer tu any greater degree than is absolutely necessary. This requires that the contract be clear, explicit, definite, exact, complete and fair, and that every doubtful question should be eliminated, so far as possible. § g. The Arbitration of Disputes. — The engineer and architect must always exercise certain judicial functions in the interpretation of the covenants of a contract in order that the work may promptly pro- ceed without needless delays for adjustment and litigation. These points, where these functions must be exercised should, however, be reduced to a minimum by the completeness of the plans and the defin- iteness of the specifications. Matters of engineering judgment must be left to the engineer. He is the proper person to determine whether the contractor has furnished proper material and has done proper work under the terms of the contract ; but even this judgment requires the ex- ercise of technical knowledge, fairness and common sense. The neces- sity for the exercise of judicial functions in the legal sense of the term, should be eliminated as far as practicable. The engineer should be em- powered to make decisions which will permit the expeditious comple- tion of the work, but such decisions should be subject to appeal, to expert arbitration or to court review. Some advance toward this end has been made in England. The Council of the Institution of Mu- nicipal and County Engineers, at the request of The National Federa- tion of Building Trades Employers of Great Britain, has recommended the use of the following clauses by the members : "In case any dispute or difference shall arise between the Council, or the engineer on their behalf, and the contractor, either during the progress ] 1 6 Notes on Contracts and Specifications of the works or after the determination, abandonment, or breach of the con- tract, "(1) As to the construction of the contract, "(2) Or as to any matter or thing arising thereunder; "[Except as to the matters referred to in the undermentioned clauses *a to . . .', all of which shall be left to the sole discretion or decision of the engineer, viz.: — "(a) As to the provision of everything necessary for the proper execu- tion of the works, etc. "(&) As to the amendment of errors arising from inaccurate setting out of works. "(c) As to the quality of materials and workmanship. "(d) As to the competency of the general foreman on the works. "(e) As to the competency or conduct of any person employed on the works by the contractor. "(/) As to the measurement and valuation of extra work and variations, or the mode of ascertaining the amount to be allowed for extra work and variations. "((7) As to the rejection and removal of work and materials not v in accordance with the specification or the instructions of the engineer, and the substitution of other work and materials therefor, and all other matters referred to in this clause. "(h) As to defects or faults which may appear in the works after com- pletion. " (i) As to the opening of work for inspection. "(;■) As to the date when the works are completed. "(k) As to the execution of works having been delayed by inclement weather and other causes. "(0 As to the carrying on of the works with due diligence, etc., etc. "(m) As to the expenditure of provisional sums. "(n) As to the issuing of certificates relating to payments to the con- tractor. "Also, except as to the matters referred to in the under-mentioned clauses numbered *A to . . .', all which shall be left to the sole discretion or deci- sion of the council: — '*(A) As to the assignment or sub-letting of any portion of the works. "(B) As to the determination of the contract by the council.]" "These are intended as illustrations of the matters which engineers may wish to deal with themselves, or may wish their councils to deal with, in- stead of allowing them to be submitted to arbitration. Each engineer can insert in this part of the clause whatever matter he desires to exclude from arbitration. "(3) Or as to the withholding by the engineer of any certificate to which the contractor may claim to be entitled, either party shall forthwith give to the other written notice of such dispute or difference, and such Works Constructed Under Contract 1 1 7 dispute or difference shall be and is hereby referred to the arbitration and final decision of a person to be appointed, on the request of either party, by the president for the time being of the Institution of Municipal and County Engineers, and the award of such arbitration shall be fiinal and binding upon the parties. Such reference, except of the question of certificate, shall not be opened until after the completion, or alleged completion, of the works, unless with the written consent of the council, or the engineer, and the contractor. The arbitrator shall have power to open up, review, and revise any certificate, opinion, decision, requisition or notice, save in regard to the said matters in dispute which shall be submitted to him, and of which notice shall have been given as aforesaid, in the same manner as if no such certificate, opinion, decision, requisition or notice had been given. Upon every, or any such reference, the cost of and incidental to the reference and award respectively shall be in the discretion of the arbitrator, who may de- termine the amount thereof, or direct the same to be taxed as between solic- itor and client, or as between party and party, and shall direct by whom and in what manner the same shall be borne and paid. This submission shall be deemed to be a submission to arbitration within the meaning of the Arbitra- tion Act, 1899: "Provided always that this clause shall not apply to any contract, the total original amount, sum, or value of which, exclusive of any extras or additions, is less than one thousand pounds or to any difference -or dis- putes which in connection with any one contract shall involve a total amount, sum, or value of less than fifty pounds, in either of which two events all matters arising out of the contract and any difference or dispute shall be in the sole judgment and discretion of the engineer, whose decision shall be final and binding on all parties and without appeal." » § 10. Progress of Arbitration. — The equity of including arbitra- tion clauses in construction contracts is becoming more widely recog- nized each year. The American Institute of Architects has for a num- ber of years stiggested a form of contract which in its later form (1915) at least provides for arbitration of all matters in dispute. A covenant for the arbitration of disputes was embodied in a unifonu building contract, adopted in 191 1 by a committee representing the Chicago Architects' Business Association, the Western Society of En- gineers, and several local associations of manufacturers and contractors in the building industry. This contract authorizes the architect to de- cide disputes between owners and contractors ; but provides that if either party dissent from this decision the matter must be submitted to a board of arbitration, two of whom shall represent the owner and con- tractor, respectively, and the third to be selected and named in the contract. 9 Engineering Record, July 27, 1912, Vol. 66, p. 100. 1 1 8 Notes on Contracts and Specifications The matter of including an arbitration clause in engineering con- tracts has received considerable discussion, and such clauses have been used in numerous cases. That this will be the general practice in the near future seems inevitable. Surely the engineering profession with its generally well established reputation for honesty and fairness will soon recognize the justice of such a provision and will welcome its adoption. From the individual standpoint, the relief from determining disputes on matters on which a personal bias must be recognized by every fair minded man, should be welcome, for such a provision can in no way be regarded as a reflection on the honor or competency of the engineer. CHAPTER IX ADVERTISING AND LETTING CONTRACT § I. Purpose of Advertisement. — The preparation of the ad- vcrtisment and the instruction to bidd.crs presupposes that the preHm- Hminary work of preparing plans, contracts and specifications are es- sentially completed and that the work is ready to be let. The purpose of the advertisement is to bring the proposed letting to the notice of manufacturers, contractors or others who may be in- terested in such work in order that suitable competition may be se- cured. The medium for advertising should be selected with due regard to the persons whom it is desired to reach, although the manner and ex- tent of advertising will always be controlled by legal requirements in the case of public contract. In work where only local competition is desired, the local paper having the widest circulation among the particular class of contractors desired, should be selected. In works of any magnitude, especially when proposed for small cities, advertisements should be inserted in the engineering and contracting papers of the country, having wide cir- culation among the contractors whom it is desirable to reach. On account of the expenses of advertising, an advertisement is usually confined to only such general information as wilh enable a con- tractor to determine whether or not he desires to undertake the work. Engineers in charge of large works, either public or private, usually send copies of the advertisement directly to all responsible and desirable contractors in order that the letting may be brought di- rectly and quickly to their attention. For public work a list of all contractors interested in the work to be let is usually kept on file and the advertisement is sent to all who have applied. In letting private work it is quite usual to omit the public advertising entirely and con- fine the notices to reliable contractors especially equipped with plant or experience for the work to be let. Such a procedure would be en- tirely illegal for public work, as the advertisement, the public letting and certain other formalities are provisions made and necessary to guard against fraud in public contracts. 120 Notes on Contracts and Specifications § 2. Nature of Advertisement. — The advertisement should clearly state what is to be done. It should explain where, when, by whom and for what proposals are to be received. The advertisement is intended to call the attention of interested parties to the fact that certain work is to be let under contract, and should include such infor- mation concerning the extent and character of the work to be done as will allow them to judge whether they wish to examine further into the matter, with the intention of bidding on the same. The advertisement should be clear and concise in its statements. The matter which it should contain will depend somewhat on the char- acter and extent of the work and whether the bidders expected are local men or men from distant cities. The advertisement should be published not only in the usual way, but should be printed on slips and attached to the specifications or be printed on the specifications, so that all who secure them will also se- cure a copy of the advertisement, as it should form a part of the com- pleted papers. Bidders on work have certain moral and legal rights which are to an extent established by the advertisement. The advertisement should not be published until the work has been duly authorized, the preliminary investigations made, the design, contract, and specifications completed, and the financial arrangements made, and the performance on the part of the owner or public assured. Municipalities and private parties have not been altogether scrupulous in conserving the rights of bidders. Sometimes advertisements have been issued which have caused contractors to go to considerable ex- pense in their preparations for bidding, only to find after such ex- penses have been incurred, that the letting has been abandoned on ac- count of unforeseen difficulties or failure to finance the project. In one such case twenty-six contractors were called from all parts of the United States to one of the states west of the Missouri for the pur- pose of bidding on a large municipal sewer contract. When they ar- rived they found that an election was to be held on the day that bids were to be received to determine whether or not the city should issue bonds for the proposed improvements. Bids were to be deposited by four o'clock and the result of the election could not be known until late in the evening. The bonds failed to carry by a vote of two to one. Even under these circumstances the mayor proposed to open bids ''to see how the bids compared with the engineer's estimate." He was prevented only by strenuous objection on the part of a number of the Advertising and Letting Contract 1 2 1 contractors. Some of the contractors had come 'from points as dis- tant as Washington, D. C, and the average expense was probably at least $500. The municipality by its inconsiderate action, occasioned a needless expense of about $13,000 to the contractors who had been asked to bid on the work. Whether or not there was any legal re- course may be questioned, but the difficulties and expense involved in legal proceedings were so great that no attempt was made to secure legal redress. The moral iniquity involved in such a procedure needs no comment ; it probably resulted more from thoughtlessness than from any vicious intent, but the result was the same. Such occur- rences, either parallel or similar in their nature, are not altogether un- usual. The engineer in charge of the work is commonly blamed when such a condition results and he should endeavor to prevent their oc- currence, both from his appreciation of fair play and for the sake of his reputation. § 3. Analysis of Advertisement. — On any work where bidders are expected to come from a considerable distance, the advertisement for proposals should contain the following information : Outlirw of Advertisement 1. By whom bids will be received. 2. Where received. 3. When received. 4. Nature of work or material to be furnished. 5. Location of work. 6. Amount of work or material to be furnished. 7. When contract is to be begun and when finished. 8. Where plans may be seen or obtained. 9. Where specifications may be seen or obtained. 10. What security will be required with proposal. (If resident bondsmen are required, it should be stated.) 11. What bond will be required with contract. (If resident bonds- men are required, it should be stated.) 12. When proposals will be opened. 13. When contract will be awarded. 14. Other information of interest or importance to nonresident bidders. 15. From whom general information may be obtained. 1 22 Notes on Contracts and Specifications i6. Reservation of rights to reject any or all bids, or to waive in- formalties. 17. Official signatures of officers letting work or receiving bids. These matters will be discussed in detail under the heading In- struction to Bidders of which they are a part or to which they are usually appended. § 4. Formalities. — As previously noted various formalities in regard to the letting of contracts for public works have been made mandatory by legislation in order to assure, to as great an extent as possible, the elimination of fraud in such lettings. Certain advertising must be done to a certain extent and in a certain manner in order to assure a due knowledge of the letting to all who may be interested and sufficient time for the preparation of proposals. Proposals must be submitted and received only at a certain definite time, in order that no single bidder shall have undue advantage. These bids are either to be opened at once^ or are to remain sealed until opened and publicly re,ad, in order that the bidders and the public may know the prices made by each contractor and the lowest bidder. It is usually provided, so far as practicable, that the work shall be let to the lowest bidder, although of necessity the questions of responsibility and experience must receive due consideration in order that the lowest and best bid may be determined. Collusion between public officials and contractors is made possible by avoiding public advertising or by so limiting the time after the ad- vertisement is published, that undesired competitors cannot submit in- telligent and safe bids. It is also accomplished through inexact, inde- terminate, unfair and arbitrary specifications containing numerous doubtful clauses that are left to the decision or discretion of the en- gineer. By such means the expense to a favored contractor may be greatly reduced while an unfavored contractor may be put to large ex- pense. Hence, at the letting the favored contractor, knowing he will get unfair protection, can safely make a low bid and secure the work. While indefinite specifications are frequently due to ignorance and are not always written with this end in view, their presence always gives an impression of either ignorance or dishonest interest, and they should be studiously avoided. To avoid even the appearance of evil the engineer should ar- range and conduct the letting of public work in a way that will elimi- nate as far as practicable all possibilities of unfairness or favoritism. In private contracts, only such formalities as may seem desirable are adopted, but the elements of fairness are the same. Parties who Advertising and Letting Contract 1 23 will not be considered should not be permitted to bid and when bids are requested from any contractor or manufacturer, he is entitled to fair treatment. § 5. Time Allowed. — Ample time should be allowed, from the time of advertising to the time at which proposals are to be received for the bidders to make necessary investigation on which to submit an intelligent proposal. The time necessary will depend on the ac- cessibihty of the work and on its character and extent. The bidders must have sufficient time to examine the necessary data and to secure information concerning prices of material and labor and to make such preliminary studies of the methods and plant needed in the construc- tion, and for such financial arrangement, capital, bond, etc., as condi- tions may require. There is usually a tendency on the part of the of- ficials of municipalities and private companies to unduly shorten the time allowed for these purposes, but the engineer must impress upon his client or employer the disadvantages of such a course. Un- less ample time is given to determine all of the factors which will af- fect the cost of the proposed construction, the doubt and the uncer- tainties involved will increase the prices bid and the cost of the proposed work. Every uncertainty leads to the same result, and it is just as important to allow proper time for the examination by con- tractors as to provide plans and specifications which are clear and ex- plicit. § 6. Form of Proposal. — The proposal may either be a printed form or it may be left for the bidder to make out in the form of a writ- ten communication. It will depend on the amount and character of the work as to which is preferable. When the work is simple and the bid is a ''lump sum" for the entire work, a special form is not essential although even then it adds greatly to the facility with which bids may be examined and compared. When there are a number of items for which proposals are desired, a form for the proposal becomes essen- tial in order to assure a fair comparison. Such a form properly pre- pared insures uniformity in the bids submitted so that they may be di- rectly compared on the basis of price, as such forms are usually so made that the bidder has only to fill out the blanks left for prices in statements which have been framed by the engineer, and which cor- respond with the terms used in the specifications. All unaltered bids can hence be readily compared, and it is usually provided that such forms must be used unaltered and that changes, modifications or ad- 124 Notes on Contracts and Specifications ditions will cause the bid to be rejected. Where work is of a na- ture that such form is possible the question of price only remains to be decided, at least among bidders of equal responsibility. Under conditions where different machinery or supplies are to be furnished the difference in price bid does not furnish such an obvious means of comparison, as quality and detail become important, and these, together with experience, responsibility and prices bid, must be considered and a decision reached which must depend on the judgment of the officials letting the work. The blank form of proposal is sometimes bound with the specifi- cations and is sometimes a separate instrument. In the latter case it should refer to the specifications as filed at the place mentioned in the advertisement. Certain declarations that (a) "The bidder has carefully examined the location, plans and specifications," and (b) *'The bid has been made without collusion or fraud," are commonly embodied in the form of proposal. They have little legal significance, but serve only as a warning. Clauses covering the following matters should also be included : (c) The agreed date of beginning and completion. (d) Stating the character and amount of security submitted with the bid and agreeing to forfeit the same if the bid is accepted and the bidder fails to enter the contract as agreed. (e) An agreement to furnish security and a statement as to the character of the same. (/) The names of subcontractors, when parts of the work are to be sublet to other contractors or manufacturers, and finally (g) The signature of principals, their place of business and the signature of witnesses or an acknowledgment if required. The following examples will show the usual features of these forms. Example A. PROPOSAL TO THE BOARD OF PARK COMMISSIONERS OF THE CITY OF BOSTON FOR BUILDING ABUTMENTS AND WING-WALLS FOR A BRIDGE AT WOOD ISLAND PARK, EAST BOSTON. The undersigned hereby declare that — he ha — carefully examined the annexed form of contract and specifications, and will provide all necessary Advertising and Letting Contract 1 25 machinery, tools, apparatus, and other means for construction, and do all the work, and furnish all the materials called for by said contract and speci- fications in, the manner prescribed by the contract and the specifications, and the requirements under them of the Engineer, for the sum of ($ ). Accompanying this proposal is a certified check for the sum of one thou- sand dollars, as called for in the foregoing advertisement. No member of the City Council, and no person in any office or employ- ment of the City of Boston, is directly or indirectly interested in this pro- posal, or in any contract which may be made under it, or in expected profits to arise therefrom; and this proposal is made in good faith, without collu- sion or connection with any other person bidding for the same work. Name Address Example B. PROPOSAL Made by , residing in , (date) do hereby declare that , the only person interested in this proposal, and that no other person than the person — herein named, has any interest in this proposal, or in the contract proposed to be taken; that it is made without any connection with any other person or persons making proposals for the same work, and that it is in all respects fair and without collusion or fraud. And further declare that have carefully examined the proposed location of said work, and the annexed specification and form of contract, and the plans now on file in the City Engineer's office, and that will con- tract to do the work and furnish the material called for by the annexed notice to Contractors, and the annexed contract and specifications in the manner and on the conditions required, upon the following terms: Price Bid Per Lineal In From To Foot 1. Oak Street Watch Fac'y Sewer Main Street 2. Main Street Oak Street Grove Street 3. Grove Street Main Street First Street 4. Grove Street First Street Second Street 5. Grove Street Second Street Third Street 6. Grove Street Third Street Fourth Street 7. Grove Street Fourth Street Kishwaukee St 8. Main Street Grove Street, South End of Lateral 9. First Street Grove Street, North End of Lateral 10. First Street Grove Street, South End of Lateral 11. Second Street Grove Street, North End of Lateral 1 26 Notes on Contracts and Specifications 12. Second Street Grove Street, South End of Lateral 13. Third Street Grove Street, North End of Lateral 14. Third Street Grove Street, South End of Lateral, 15. Fourth Street Grove Street, North Oak Street 16. Fourth Street Grove Street, South End of Lateral. 17. Oak Street Fourth Street End of Lateral. 18. Kishwaukee Street. Grove Street, North End of Lateral. 19. Kishwaukee Street. . Grove Street, South End of Lateral. Extra Price Bid For each Y connection on 12-inch sewer For each Y conriection on 10-inch sewer For each Y connection on 8-inch sewer For each Equalizer For each Lamphole For each Catchbasin For each Manhole The prices named above are to include the cost of doing all other work required by the specifications or appertaining thereto. The undersigned agree to begin work within thirty days after signing a contract and to complete the required work within six months thereafter. submit a certification for $3,500, which agree — to forfeit should the work be awarded to , in accordance with the plans and specifications and should fail or refuse to enter into the contract with security as specified. We propose to furnish the Surety Company as our bonds- men. The sewer pipe and specials to be furnished under this contract will be those manufactured by the of , . Respectfully submitted. Name Address § 7. Receiving and Opening Bids.— In public lettings, bids should be received up to a given hour, and any bids which are offered after that hour should be rigidly excluded. Such a provision may at first seem arbitrary and unnecessary, but bids are sometimes delayed for fraudulent purposes. If an extension of five minutes is allowed, why not an hour, during which time other bids might be opened and the figures furnished to the late bidder ? An absolute and definite time requirement seems, therefore, essential. Bids shotild be sealed and should have the name and address of the bidder on the envelope in order that they may be retiu-ned unopened if such necessity should arise. In cases where many contracts are being let or when proposals are being received for a ntmiber of sep- I Advertising and Letting Contract 1 27 arate contracts, the title of the work for which the proposal is sub- mitted should also be endorsed on the face of the envelope, in order that the bids may be sorted and arranged. The bids should be immediately opened and publicly read in the presence of the bidders and others interested. If held for even a few hours before opening, there is always a possibility of fraud. This pos- sibility is reduced to a minimum when they are immediately opened and immediately read in public. If time is essential to tabulate the bids, then the time of opening the bids should be made early enough to permit of such tabulation be- fore the meeting of the legislative body who are to make a final award. § 8. Letting the Work. — In the letting of v^ork, various con- siderations may influence those who have the matter in charge. The lowest and best bid should always be selected. In many cases the right decision is obvious, but the question may arise as to what con- stitutes the best bid. Differences in opinion may honestly arise from difference of experience, concerning men, methods and the weight to be given to various factors. Familiarity with a particular contractor may impress the individual favorably or unfavorably as the case may be, and fortunate or unfortunate experience with a certain material or machine may create an unfair judgment concerning the same, when it is compared with another similar material or machine, which the actual conditions do not warrant. Personal prejudice is an important factor in judgment which the engineer should endeavor to eliminate from his own decisions. The following factors, with the exception of items "C" and "D,'' may be legitimate influences in the letting of a contract.^ Factor ''C" is evidently corrupt while "D'' is due to personal prejudice: In General. A. Price. B. Experience and Responsibility. C. Politics. Graft. Friendship. Reciprocity. In selecting materials, supplies, etc., the following factors also en- ter: D. Fashion. 1 Suggestion taken with alterations from Power, Feb., 1905, p. 112. 128 Notes on Contracts and Specifications E. Appearance. Symmetry. Finish. In selecting machinery the following may also apply : F. Reputation. Of ^Manufacturer. Financial. Dependability. For Efficiency. As a machine. Capacity. Safety. Simplicity. Regulation. Design. Accessibility. Adjustability. ^laterials. Dimensions. Accessories. A\'orkmanship. G. Delivery. Promised. Distance of shipment. § 9. Instructions to Bidders. — The instructions to bidders sup- plement the advertisement and should contain the directions for the preparation of proposals and prescribe such formalities as may be re- quired in their presentation. The instructions will vary in their re- quirements with the degree of formality with which it is desirable to conduct the letting. The more complete the plans and the more defi- nite the specifications, the more rigid can the instructions to bidders be made with security to all parties. It is sometimes necessary to re- ceive bids on items such as machines, supplies, etc., where it is unde- sirable or impossible to furnish specifications in detail. In such cases, the instructions cannot be as formal as when specifications are com- plete. The instructions should be as complete as necessary for each particular case, and should explicitly state everything required for the submission of a formal proposal. Clearness in these instructions will Advertising and Letting Contract 1 29 save much explanation and consequent loss of time. Too great for- mality should be avoided in any case. "Instructions to Bidders" still further establishes the legal and moral rights of those bidding on the work. If the advertisement is not made a part of the forms, the instruc- tions to bidders should include all matter included in the advertisement. The instructions are usually arranged in about the following or- der : A. General notice, including time of receiving bids and general character of the work. B. How sealed, and to whom delivered C. Formalities required in proposals. D. Manner of stating prices. E. Estimates. F. Where information can be obtained. G. Reservation to alter amounts of work. H. Reservation as to amount of work let under single contract. /. Reservations as to time of beginning and completion. /. Reasons for rejection of bids. K. Security to be required with bid and with contract. L. Miscellaneous requirements. § 10. Details of Instructions. A. General Notice — Receiving Bids, etc. (a) "Sealed bids for the work above named, endorsed with the title ,. . . . and also with the name of the person or persons making the same, will be received at the office of until at .... o'clock . . M., at which time the bids will be opened by the and publicly read, after which the contract will be awarded." For the last clause in the above, one of the following is sometimes substituted : {b) "After which the bids will be referred to the engineer (or other officer) for recommendations.^' {c) "The contract will probably be let at the regular (or special) meeting of the on at o'clock . . M." {d) "After which the bids will be considered and the award made as early as practicable." 1 30 Notes on Contracts and Specifications B. Proposals — Hozv Seakd and to Whom Delivered. (a) 'Troposals must be inclosed in a sealed envelope and ad- dressed to , and further indorsed with the title (b) "Each bid must be inclosed in a sealed envelope, and deliv- ered to the ; and in the presence of the person offering the bid, it will be deposited in a sealed box provided for that purpose." C. Formalities Required in Proposals. (a) "N. B. Bidders are warned that all bids which are deficient in either of the following requirements may be rejected as informal." (Formalities adopted are here added.) (b) "No bids will be received if detached from the package in which it is bound; nor must any of the accompanying papers be de- tached therefrom, but the entire package must be unbroken and in good order when the bid is deposited." (c) The bids must conform to the printed forms, in order that a fair comparison may be made of all. Any deviation,' from said forms by omission of prices, or the insertion of written additions by the bidders, will invalidate the bid. Such addition will ensure the re- jection of the bids. All bids must be full in every particular." (d) "The bids must be made upon blanks furnished by the or their authorized engineers." (e) "No change will be made in the form of the bids nor must any additional modifications or any form of specification be annexed." (f) "Each bidder must sign the plans in the office of the city enginer, upon which his bid is based, and the date of such signing must precede the date of opening the bids." (g) "When a firm is a bidder the member of the firm who signs the firm name to the proposal should state, in addition, the name of all individuals composing the firm." (h) "Each bidder is required to state in his proposal his name and place of residence ; the names of all parties interested with him ; and if no other person be so interested, he shall distinctly state the fact ; also that it is made without connection with any other person making any proposal for the above work ; and that it is in all respects fair, and without collusion or fraud." (i) "If any bidder wishes to withdraw his proposal he may do so before the time fixed for the opening, by mentioning his purpose to Advertising and Letting Contract 1 3 1 , and when his proposal is reached, it will be returned unread." (;■) "Permission will not be given for the withdrawal of any pro- posal." D. Manner of Stating Prices. (a) "The prices must be written in the bid and also stated in figures ; and all proposals will be considered as informal which are not in conformity with this notice." (b) "Bidders will state the proposed price for each separate item of the work, by which the bids will be compared. These prices are to cover all the expenses incidental to the completion of the work, in full conformity with the specifications." (c) "These prices are to cover all the expenses of furnishing ma- terial other than that specified to be furnished by the city, and all tools and labor, in completing the work aforesaid in conformity to the con- tract and specifications prepared by the same." E. Estimate. (a) "The engineer's estimate of work and material by which the bids will be compared is as follows :" [The estimated quantities of ma- terial to be used and w^ork to be done should follow here.] F. Where Information Can Be Obtained. (a) "Bidders must get their information as to the local conditions of trade, labor, character of the soil, probable amount of ground water, rock, etc., from personal inquiry upon the ground. Such data will not be given at this office except that the records as to any sub-con- struction, etc., of which it has knowledge, w^ll be freely shown." (b) "On account of the character of the work, the above men- tioned quantities cannot be estimated in advance, with accuracy ; there- fore bidders are required to submit their bids upon the following ex- pressed conditions which shall apply to and become a part of every bid, viz. : That bidders have satisfied themselves by personal examina- tion of the location of the proposed work and by such other means as they may elect, as to the accuracy of the foregoing estimate of the en- gineer ; and that they will not, at any time after the submission of the bid, dispute or complain of such statements of the engineer; nor as- sert that there was any misunderstanding in regard to the nature, or amount of the work to be done." 1 32 Notes on Contracts and Specifications G. Reservations of Rights to Alter Amount of Work, etc. (a) ''The right is reserved to increase or diminish in quantity as may be necessary in the judgment of the the variation from the estimate, however, not to exceed ten per cent." H. Reserz'ations as to Amount of Work Let in One Contract. (a) "The reserves the right to let the work as a whole or in parts. Contractors will state in their bids the least and greatest amounts of work for which their bids are made." {h) ''Bids will be considered for the entire work only." /. Reservation as to Time of Beginning and Completion. (a) ''Work must be begun on or before (or days after the completion of the contract) and must be completed by (or days after work is commenced.)" (b) "Bidders must state the length of time in which they will agree to do the work and such time will be regarded as a consideration in awarding the work and will be made an essential part of the con- tract with a proper forfeiture (or with a forfeiture of dollars per day) attached for its non-fulfillment." (c) ''The time allowed to complete the whole work will be days, as provided in the specifications." /. Rejection of Bids. (a) ''Reasonable grounds for supposing that any bidder is inter- ested in more than one bid will cause the rejection of all bids in which he is interested." (b) "The right is reserved to reject any or all bids, and to waive any informality in the bids received ; also to disregard the bid of any failing bidder or contractor, known as such." (c) "The bidder must satisfy of his ability to per- form the work for which he bids." (d) "The fact of any person or firm being in arrears to the citv of on debt or contract or in default as surety or othewise upon any obligation to the city, or who has failed in previous contracts to comply with the requirements or specifications of said contract, shall be deemed a sufficient cause for the rejection of his or their bid." K. Security zvith Bid. Normally a proposal is an offer that can be withdrawn or cancelled by formal notice at any time before formal acceptance. In order to Advertising and Letting Contract 133 assure absence of fraud and the opportunity for the comparison of pro- posals, and to reserve the privilege of deliberation and the acceptance of the contract when duly awarded, a certified check or bond for a •specified amount is frequently required with proposals as a guarantee of good faith that if the contract is awarded to the bidder he will enter into a formal contract for the performance of the obligation for which the bid was made. In order to assure the validity of a forfeiture, on the refusal of the bidder to enter into the contract in accordance with his proposal after an award to him, it is desirable to require him to make a specific statement in the proposal that in case the award is made to him and he fails to enter the contract within a specified time, he shall forfeit the amount deposited (as a certified check or bond) as liquidated damages for such failure. If the instructions simply require a check for a stated amount to accompany the bid, such deposit may be regarded as a pen- alty which can be retained only to the extent of the actual damages sustained and proved in a court of law^- Such deposits may be required by law, and even when not so re- quired are a reasonable requirement which may be imposed if desired by the parties letting the work. Such requirement is especially de- sirable when work is advertised and the contractors who bid may or may not be responsible. To make such a forfeiture legally valid, the acceptance of the oflfer must be identical with the offer and no conditions more burdensome than those on which the offer was based can be imposed. In the ne- gotiations of a private company with selected responsible contractors or manufacturers for a contract for work, material or machinery, and especially where the letting is informal, such a deposit is not usually considered necessary and is seldom required. In fixing the amount of security required w^ith the proposal, due consideration should be given not to impose undue hardships on bid- ders.^ Sometimes the amount necessary is fixed by law as a given percentage of the total amount of the proposed contract. Sometimes such security is tied up for a long period, pending final award ; and if the amount is large, it may seriously tie up the capital or resources of the bidders who may have a number of such proposals out at one time. 2 See Wait, Eng. & Arch. Jurisprudence, sec. 168, and Wait, Laws and Con- tracts, sees. 92-97. 3 See Eng. News, Vol. 52, p. 152. 1 34 Notes on Contracts and Specifications From the bidders standpoint, a "bid bond" from a security company is more satisfactory. In general, however, the certified check is more satisfactory to the owner as in case of forfeiture it is more readily collectable without litigation than a bond. (a) "Security to the amount of $ will be required with each proposal." (b) "A certified check for $ shall accompany each bid as a guarantee that the bidder if successful, will enter into contract for the construction of the work, which if he refuses to do, will be for- feited to the city as liquidated damages, on account of such refusal." (c) ''Each bid or estimate shall be accompanied by a certified check payable to . or by the signing in writing, of two freeholders of the city of with their respective places of busi- ness or residence, to the effect that if the contract be awarded to the person making the estimate, they will upon its being so awarded be- come bound as sureties for its faithful performance, and that if he should omit or refuse to execute the same, within days after notice that such contract has been awarded to him, they will pay the corporation any difference between the sum to which he would be en- titled upon its completion, and that which the corporation might be obliged to pay to the person to whom the contract may be awarded at any subsequent letting; the amount in each case to be calculated upon the estimated amount of the work by which the bids are compared. The signing above mentioned shall be accompanied by an oath or con- firmation in writing of each of the persons signing the same that he is a freeholder in the city of and is w^orth the amount the se- curity required for the completion of the contract and stated in the proposal, over and above all his debts of every nature ; that he has of- fered himself as surety in good faith, and with the intention to execute the bond required by law, if the contract shall be awarded to the per- son or persons for whom he signs to become surety. The adequacy and sufficiency of the security offered, shall be approved by the mayor of the city of after the award is made and prior to the signing of the contract." L. Security zvith Contract. (a) ''Security satisfactory to the mayor of the city of and equal to one-half the contract price will be required with the contract." (b) "The person or persons to whom the contract or contracts may be awarded, will be required to attend at this office, with the sure- Advertising and Letting Contract 1 35 ties offered by him or them, and execute the contract within days from the date of award ; and in case of the failure or neglect so to do, he or they will be considered as having abandoned it, and is in default to the city of ; and thereupon the work will be readver- tisd and relet, and so on until the contract be accepted and executed." M. Miscellaneous Requirements. Other points to which the attention of the contractor is sometimes called are : (a) "The attention of bidders is called to the specifications and form of the contract under which the work is to be done ; and also to the requirements in regard to security." {b) "Bidders are informed that no deviation from these specifica- tions will be allowed, unless written permission shall have been ob- tained signed by " {c) "A copy of the advertisement, these instructions and the speci- fications will be attached to the contract, and will form a part thereof." {d) "Plans can be seen, and specifications and form of the con- tract can be obtained, at the office of , of the city of A^. Plans and Specifications. A copy of the pamphlet containing instructions to bidders, form of proposals, form of contract, general conditions, general and de- tailed specifications and contract drawings will be furnished upon the receipt of a deposit of , which deposit will be returned to the bidder upon the return of the said pamphlet and contract drawings, in good condition within days after bids are opened. O. Qualifications of Bidders. No bid will be received from parties who are not regularly en- gaged in the kind of work to be let. The character and experience of the bidder will receive full and detailed consideration and he must be able to show a financial standing which will warrant the award of con- tract to him. Otherwise his proposal will not be considered. (a) "Bidders must accompany their proposal with samples of the material proposed to be used ; which samples shall be retained by the city and all materials furnished by the contractors shall be equal to the sample furnished." 1 36 Notes on Contracts and Specifications (b) "Bidders will state brands of material proposed and the make of other material which they intend to use in the work for which bids are proposed." (c) ''Other things being equal, preference will be given to local labor and material." (d) ''Bidders are invited to be present at the opening of the bids." (e) "The right is reserved to reject any or all bids or to ignore any irresponsible bidder known to be such.'* CHAPTER X PREPARATION OF CONTRACTS AND SPECIFICATIONS § I. Its Importance. — The preparation of proper specifications necessary for a clear understanding of the nature of machinery, sup- pHes, or material to be furnished or work to be done under a contract, is as essential for such work as the plans for the same. Each is ex- planatory of the other, each often incomplete without the other, and unless each is carefully and properly prepared, many disputes and mis- understanding are apt to arise and frequently result in expensive litigation. From such specifications, bidders not only get their information of the nature and amount of the work they will be called upon to do if this bid is accepted, but they may also form some idea of the fairness of the parties who have prepared the plans and specifications, and of the treatment they are liable to receive during the progress of the work. In many cases these papers are the only introduction of the bidder to the work and to the men with whom he is invited to do busi- ness. It is self-evident therefore that in the preparation of such specifications, absolute clearness of details and fairness of intent are essential to secure satisfactory proposals and proper Avork. Any specification that is indefinite, indeterminate, ambiguous or useless will involve uncertainties and result in the addition of certain sums by the bidder for self-protection which sums will invariably be far in excess of the actual cost which would result from a definite and exact requirement. Any specifications, therefore, which are arbi- trary, unfair or unnecessarily severe, give a bad impression of the engi- neer, attorney and principals and usually involve either a refusal to bid on the work or additions to the price bid to offset the unwarranted treatment to be expected under such specifications. A specification is not the place to show the extent of the engineer's knowledge, but it is the place to show how clearly and exactly he can describe the essential and practicable limits of the qualities of work and material needed for the end in view, how well he can protect his client by definite and proper requirements, and how fair and just he will be in his treatment of contractors. 1 38 Notes on Contracts and Specifications § 2. Use of English.^ — In the writing of specifications, all that has been said about the use of English applies with especial force. The language used should be clear, accurate, and exact. The technical terms or vernacular common to the trade to which the specifications apply, may be used, but they must be understood and used correctly. When used they must be defined or be used in the sense which ithey have acquired through common or local usage, the basis on which they will be legally interpreted. In the writing of contracts and specifications everything should, if necessary, be sacrificed to clearness. In reports and papers, for the sake of euphony, it is frequently desirable to substitute other words more or less synonymous in order to avoid repetition. In contracts this should be avoided; words are almost never exactly synonymous, and in contracts and specifications the word having the exact meaning should be used as frequently as necessary. In such papers, it is also desirable to express the idea to be conveyed in the clearest possible way, and repetition of the same idea in different words, if it adds to clearness, is not regarded as tautology. Care must be taken however to see that repetition does not obscure rather than clear up the idea to be conveyed. The language must not have a double meaning, and where a subject is described in general and also in particular, care must be exercised to see that the ideas duplicated are identical. In the Bronx Valley sewer contract, involving $2,000,000, the engi- neer described concrete to be used as a 1:2 14 mixture. He then spe- cified that a "batch" of concrete should consist of one barrel of cement (3.85 cu. ft.), two barrels of loose sand (6.50 cu. ft.), and four barrels of stone (13 cu. ft.). The contractor under the last description was required to mix the concrete in the ratio of 1:1.73:3.46, on the basis of the volume used, or even richer on the basis of the volume of loose cement An action was brought for $36,000 on account of the excess cement required.^ In ordinary conversation and in most writings, the words used haA^e a sufficiently clear meaning to convey our ideas for general pur- poses, for often no great degree of accuracy is necessary. In the writing of specifications, .however, these same words are found to be indefinite, and must be defined and qualified to bring out the limited meaning in which they are or should be used. The young engineer is apt to assume that the words he uses have a single and definite 1 See the Engineering Contractor, Vol. 2, p. 83. Preparation of Contracts and Specifications 1 39 meaning and is greatly surprised to find the language he has used and which conveyed to his mind a very definite idea, is susceptible of numerous other interpretations. In practice, the meaning of every term or expression should be analyzed, and whether or not it may have other than the meaning which it is intended to convey, determined Not only is this analysis necessary, but it is also desirable to consider whether under the con- tingencies of construction, where perhaps unforeseen conditions arise, the terms may not have still other meanings, or perhaps prove quite inexact and indefinite. For example : The word ''day" may mean the calendar day of 24 hours ; the working day, omitting Sundays and holidays ; the work- ing day of ten hours ; or the shift of twelve or eight hours. The term "ton'' may mean the long ton of 2,240 pounds or the short ton of 2,000 pounds. The term **cord," commonly meaning 128 cubic feet, may, by local usage, mean 100 cubic feet. The term "perch'' as applied to the measurement of stone work varies radically by local usage from place to place. § 3. Necessity of Clearness. — Clearness in all details, both in plans and specifications, is a protection both to the owner and to the contractor, as in one case the contractor is unable to do improper work or avoid the execution of essential features, and on the other hand he is enabled to understand exactly what is desired by the engineer, and can regulate his bid in accordance therewith, without the addition of a percentage to cover uncertain work which he may be obliged to do but which is not clearly specified. Nothing is gained to the party letting the Vv'ork by uncertainty in the understanding of what is de- sired, for if such uncertainty exists a careful contractor will add a percentage to cover such contingencies, while an unscrupulous con- tractor will take advantage of such uncertainties to secure the con- tract and depend for his profit on his ability to avoid the execution of such portions of the work. Specifications not only describe the character of the work that the contractor must perform and that the owner must accept, but they also serve as the instructions to superintendents and inspectors as to what requirements they are bound to enforce. It is therefore de- sirable that the specifications should be susceptible of a literal interpre- tation not only for a clear understanding between the two parties to the contract but also that the inspectors or superintendents in charge of the work shall know what requirements to impose. 140 Notes on Contracts and Specifications Where much is left to the engineer's judgment, or where unnec- essary or practically impossible specifications are imposed (which is always undesirable and inexcusable) friction may perhaps be avoided if the engineer is experienced and is continually at hand to give his in- terpretation of obscure clauses, or his permission to disregard inexped- ient requirements. An inspector has no such prerogative, unless the same has been especially delegated by his superior and must usually insist (unless fully instructed by the engineer, which should always be, but seldom is, the case) on the fulfillment of the letter of the contract. When the inspector does insist on carrying out an irrational specifica- tion, and an appeal is taken to the engineer, if experienced, he must decide in favor of a reasonable interpretation of the specifications which he has prepared. In so doing, the engineer must reverse the decision of his inspector, to his great embarrassment, and to the injury of his confidence in his instructions (the specification), and of his future use- fulness. Clearness and exact language in sufficient detail to meet all reasonable contingencies and suitable for literal interpretation, will not only prevent disputes but will add to the efficiency and effective- ness of supervision and inspection. § 4. Clearness. — In order that a specification shall be clear and definite, its paragraphs and clauses should be arranged, so far as practicable, in logical order. Each element should be discussed com- pletely and in detail in a single paragraph or sentence devoted solely to that single feature, and when fully covered should not again be mentioned unless necessary for defining its relation to other features. More than one element should seldom be described in a single para- graph, as such reference tends toward obscurity. An extreme case of obscurity is illustrated by the following ex- ample :- "All timber standing where levee is to be constructed may be held by the contractor as his own, and he will be allowed an excess of 25% price per cubic yard for filling said muck ditch as in the levee embankment; also the contractor will be required to add 10% to the height of levee above grade line to allow for settling of same." Here are apparently three distinct subjects treated in a single sentence, and so treated as to leave the reader somewhat in doubt as to the idea intended to be conveyed by their author. Each of these subjects should not only have been more clearly covered by a dis- 2 See Eng. News Sup. Dec. 31, 1903, p. 381. Preparation of Contracts and Specifications 141 tinct sentence, but should have had a paragraph devoted to its specific purpose. § 5. Brevity. — While it is important that every element of the contract shall be clearly, completely and exactly described, it is also important and essential for clearness that such description shall be as brief as consistent with a complete and exact description. A specification is not a treatise on the subject under considera- tion, and should not be used to impress the client or contractor with the profundity of the engineer's knowledge of the subject. Only those characteristics or features should be specified which are essential in order to secure the results desired. Any paragraph, sentence, or word which can be omitted without material effect on the complete under- standing of the subject should be omitted. The introduction of clauses in the specification which specify noth- ing except perhaps the uncertainty of the engineer's knowledge of the material or labor to be done are exceedingly undesirable and should be carefully avoided. For example, in many specifications for the foundations for brick pavements which were formerly in vogue in the Upper Mississippi Valley in which the foundation consisted of broken stone, filled with sand and properly rolled, this specification was com- monly inserted : "The sand shall be rolled, with constant light watering to avoid lick- ing up." What was meant by the latter portion of this clause has always remained a mystery. Possibly its originator had an idea which he thus defectively expressed; others, evidently not knowing what it meant, adopted the clause for fear they would otherwise prepare a de- fective specification. Again, a clause relating to the concrete mixer provided ''Mixer must be of a size proportionate to the size of tHe batch mixed," and in the same specification in relation to forms : "The contractor may adopt any suitable system of moulds for the con- crete in place, provided the same be approved by the engineer. The moulds may be fixed or movable, but must be rigid when in place so as to form a concrete accurately." 3 Neither of these clauses has any apparent meaning, or at least no meaning which would not be covered by a specification for "a good and workmanlike job." s Eng. News Sup., Vol. 51, p. 257. 1 42 Notes on Contracts and Specifications § 6. Indefinite Specifications. — Carelessness and ignorance of the detailed requirements, which should be included, often lead to in- definite specifications. Such specifications are also sometimes inserted with dishonest or vicious intent. There is often a temptation to write such specifications rather than to take the trouble to consider and to determine the necessary requirements, at the time the specifications are being prepared. As it is usually provided that the engineer shall interpret or explain any causes not clearly stated, there remains an opportunity for the engineer to decide the matter later, and this also involves an uncertainty and a chance for a considerable variation in expense. Such uncertainties may be and sometimes are used for the purpose of dishonest favoritism. Such uncertainties are manifestly unsatisfactory and unfair, not only to the contractor but to the client of the engineer as well, for they almost always add unnecessary ex- pense. It is only through ignorance, carelessness or dishonesty that specifications are written or included which are unnecessary or unde- sirable or left so indefinite that the contractor can not know exactly v^^hat is expected and required. For dishonest purposes, specifications are sometimes drawn so in- definite that no bidder can determine what is required, unless he has inside information, and so many matters may be left to the decision of the engineer that no contractor, unless he knows he will be unduly favored, dare bind himself to the uncertainties involved. For exam- ple, in the specifications for a proposed power house for a state insti- tution,^ the following stipulations were embodied : Under the heading ''Violation of Contract," the architect was given authority to notify the contractor in writing and within 24 hours after the serving of the notice, the contractor should cease work ; the architect was then to have full' authority to immediately purchase any- thing required and take possession of all the materials on the ground or built into the work, and the contractor or bondsman was to meet all bills. While such provisions are both illegal and absurd, no con- tractor would sign a contract containing such a clause without realiz- ing that a law suit might be necessary in order to maintain his rights. In another clause relating to changes, it was specified that in case any work was not in accordance wth the specifications, the architect would be empowered to accept such work or material and make such a reduction in the contract price as he may determine, which reduc- 4 See Eng. News, Vol. 54, p. 602. Preparation of Contracts and Specifications 1 43 tion was to be "final, conclusive and without appeal," another absurd and illegal requirement involving, however, the possibilities of favorit- ism or a suit at law. In relation to extra work, the following unique and unfair pro- vision was specified: 'The contractor hereby agrees to furnish such materials and to perform such labor as extra work and agrees to ac- cept in full payment thereof a price which shall be fixed by the archi- tect and the board of trustees previous to its commencement." It is quite evident that such a power might work great hardships and per- haps financial ruin to an unfavored contractor, while a favored con- tractor would profit unduly. Numerous other similar arbitrary and uncertain provisions were included, all of which either indicated carelessness, ignorance and un- fairness or a desire to shut out competition, and to limit the bidding to some favored parties. The writing of a definite specification, however, is not as easy as may be assumed. A specification which may seem entirely definite may prove indefinite through the various conditions under which it may be exercised. For example : Engineering News, commenting on indefinite specifications, calls attention to the following: "Specifications (for concrete) for the most part read somewhat as follows : 'Concrete shall be made of one part by volume of Portland cement, 2i^ parts by volume of sand, and 5 parts by volume of broken stone.' "A specification worded like this often becomes a fruitful source of controversy, for there is a great difference in the volume of cement depending upon whether it is packed in the barrel, shaken down in a measuring box, or merely cast loosely into such a box. It is a ques- tion for the engineer to decide whether loose or packed measurement Avill be required, but having decided he should be explicit in writing the specification. The following is a good example of clearness : 'In preparing mortar and concrete, the cement, sand and stone will be mixed in the proportion by volume hereinafter specified. The cement shall "be measured when compacted so that 380 lbs. of dry Portland cement have a volume of 3.6 cu. ft. The sand and stone shall be measured when not packed more closely than by throwing it in the usual way into a barrel or box.'" (See Eng. News Sup., Vol. 50, p. 2G9.) § 7. Indeterminate Specifications. — When the amount of material or work to be done under a contract is expected to be small, it is cus- tomary with some engineers to cover the same with only a brief clause 144 Notes on Contracts and Specifications in which the work done and material furnished are to be "as the engi- neer shall direct." This practice is less objectionable when only a limited quantity of such work or material is to be furnished, but as in most cases there is an uncertainty as to the amount, the practice seems entirely inexcusable. It may be regarded as proper to give no great amount of space to the specifications for a certain class of material or work where only a small quantity is to be used, but while brief, the requirement should be clear and exact. If the work is worth doing, the contractor has a right to know before he bids for the same, the exact requirements and should not be held subject to the uncertain requirements of an engi- neer, possibly unknown and inexperienced. The following are exam- ples of such objectionable practice : "First class compound arch masonry will be laid in mortar. The thick- ness of the arch, the length and thickness of the stone forming the arch^ will be such as the engineer shall prescribe." Also, "Concrete is to be made of such material and in such proportions as to material and in such manner as the engineer shall direct." 5 Even when an attempt is made to briefly draw such specifica- tions, it sometimes occurs that the engineer may, in his haste, specify the material of a greatly superior quality to that which is actually needed in the work. This may prove serious if through an unex- pected increase the quantity required is actually large. For example, in a specification for sewers in which only a limited quantity of tim- ber would probably be needed for the foundation work, it was speci- fied :' . "Such lumber as is required shall be of a suitable character for the pur- pose intended, of straight grain and free from all defects." The first part of this specification might have an entirely different meaning from the last portion of the same, for in few cases would timber "of straight grain and free from all defects" be needed. A cautious contractor, under such a specification, would bid a price which would assure him a reasonable profit under any conditions, while a careless contractor, relying on the first clause of the specification, might sustain a serious loss if a large amount of such material were used. § 8. Ambiguous Specifications. — Unnecessary or unreasonable Eng. News Sup., Vol. 51, p. 258. Preparation of Contracts and Specifications 1 45 requirements are always ambiguous and leave uncertain what is ac- tually desired, and what will actually be required by the engineer. Un- der such conditions, responsible contractors will add materially to the price for the work done under such specifiations. Not only does this unnecessarily increase the cost of the work, but such specifications also brand their maker as ignorant of the practical requirements of the work, and are a notice to unscrupulous parties that the writer of the specifications is one who may perhaps be manipulated or bluffed into reasonable requirements, or even to extremes in the other direction. It is only too easy to prepare in the office specifications which are im- possible to carry out in the field, or which, if carried out, will prove undesirable or expensive. Specifications that cannot be reasonably enforced except under particular and peculiar circumstances, should be eliminated for where they are included they practically must be ignored except where an absolute necessity for their enforcement arises. This calls for an arbi- trary decision by the engineer which a subordinate can seldom be per- mitted to exercise, and in the exercise of which by the chief he is left open to criticism. For example, in the specifications for concrete, the following clause has frequently been inserted : "Concrete shall not be dropped into place through a greater distance than one foot." s Such a specification is usually wholly impracticable and should be required only where some injury, possibly by separation of material or injury to new work, might make such an unusual precaution abso- lutely necessary. Such a specification, therefore, should not be applied to the entire work, but only to the conditions in wiiich such requirements are neces- sary, and it w^ould seem desirable to introduce a more lengthy specfi- cation in which the methods of depositing the concrete under various conditions should be restricted as far as necessity seems to demand. These extremes should be avoided by the engineer. He should specify only such requirements as are necessary for the completion of the work in the manner desired. § 9. Arbitrary Specifications. — While it is necessary for the en- gineer to be able to exercise such control over the work that he can secure its proper performance and completion, it is unwise and unsafe for him to endeavor to exercise unnecessarv and arbitrarv control over Eng. News Sup., Vol. 51, p. 257. 146 Notes on Contracts and Specifications any part of the work. If the contractor is to be held responsible for the work, or for the results obtained, or as to time of completion, safety to the public, etc., he must not be relieved of responsibility through arbitrary specifications, by means of which, the prerogatives of management may be usurped by the engineer. x\n extreme case of such usurpation is shown by the following extract from a sewer specification : "The contractor must employ a competent mechanic, selected by the engineer, who understands and speaks English, and not a common laborer, to make the joints of the pipe sewer." " A common but extremely arbitrary requirement which may be ex- ercised to a contractor's serious disadvantage, and is therefore unde- sirable, is as follows : "The contractor shall commence and prosecute work at such points, at such times and w ith such forces as the engineer may direct." « Such a specification is seldom necessary or desirable. The inser- tion of a time limit clause and of such requirements as to when aiid where the work is to be begun and prosecuted as may be necessary, will relieve all doubt, and render impossible arbitrary persecution dur- ing construction. Too great and arbitrar}- authority by the engineer may result in his assuming for his client responsibilities which should be placed on the contractor. For example : "Before blasting, the contractor must procure a written order from the engineer. Blasts shall be covered with timbers heavily chained together. Caps or other exploders shall in no case be kept in the same place in which dynamite or other explosives are stored; and, in general, the precaution against accidents from blasting shall be entirely satisfactory to the engineer. The contractor shall be liable for all damages to persons or property caused by blasts or explosives." » If under this clause, the engineer is called upon to specify the precautions to be taken and should an accident occur in spite of the precautions taken, the contractor may reasonably claim that he had acted as servant of the engineer's client and not as an independent contractor, and is therefore blameless. § 10. Unfair Specifications.^Occasionally in specifications it would seem the purpose of their writer is not only to protect his client ' Eng. News Sup., Vol. 51, p. 149. 8 Eng. News, Vol. 51, p. 149. 9 Eng. News, Vol. 51, p. 65. I Preparation of Contracts and Specifications 1 47 in every legal way but also to hamper the contractor by unfair and un- called for restrictions. Such restrictions can result only in unneces- sary expense as they must of necessity limit competition, make the contracting parties doubtful of the good faith of the party preparing the specifications, and suspicious of the treatment which he will ac- tually receive should he be awarded the contract for the work. Such clauses should be eliminated entirely as they have no place in the con- tract. It is, and should be, the purpose of every attorney or engineer who may be preparing a contract to see that his client is entirely and fully protected, but anything beyond this can give only unsatisfactory results. It is usually desirable when letting a contract which is finally placed in the hands of a responsible party to prohibit the assigning of the contract to other parties who may not be fully satisfactory. The restrictions, however, should not be so made as to prevent the con- tractor from being able to properly finance his work by allowing its use as security for money borrowed for its execution. The following clause is an extreme case of this kind. The clauses written are en- tirely unfair, uncalled for, and may be used as a club for the purpose of persecution or may lead to graft in order to avoid its enforcement : "It is mutually understood and agreed that if the contractor shall as- sign or transfer either absolute or conditionally by order or otherwise, the compensation or any part thereof to which he may become entitled under the contract before such compensation is actually earned, the city may, for that reason, cancel the contract and retain all compensation at the time of such assignment or transfer due or owing to the contract; or the city may, at its option, recognize any such assignment and transfer as valid. The option of the city in that regard shall be exercised by the commission of public works, and the recognition of any assignment or transfer as valid shall not preclude the city from cancelling the contract on account of any other or subsequent assignment or transfer. The contractor agrees not to so assign or transfer his compensation, or any part thereof. "And it is also mutually understood and agreed that the city may, at its option, declare the contractor in default and cancel this contract, in case proceedings in bankruptcy are instituted by or against the contractor (or either of them, if there is more than one), or in case proceedings supple- mentary to execution are instituted against the contractor (or either of them, if there is more than one) ; and if the city shall so cancel the con- tract, it may complete the work or improvement as herein elsewhere pro- vided. Such option shall be exercised by the commissioner of public works." 10 loEng. News Sup., Vol. 52, p. 152. 148 Notes on Contracts and Specifications It is always desirable, when possible, to determine in advance the character of all work required, and to describe it so clearly that an in- telligent bid for the same may be made by the contractor. In underground and subaqueous work it is sometimes impossible to determine in advance just what character of work will be necessary to secure the desired results. When such is the condition, any work which may be required to bring about the desired results should be regarded as extra work, and paid for as such. Any attempt to force the contractor to perform such work at his own cost and expense is not only unfair, but will usually result in high bids and unnecessary expense. An example of an unfair specification of this class is as fol- lows : "Whenever the bottom of the trench is not firm, the contractor must furnish and put in place, without expense, good or suitable material; and when it is considered necessary by the engineer, the contractor shall lay a foundation of timber, without extra expense." n The intelligent contractor will, of course, add a sufficient amount to fully cover the probable cost of any work which might be required under such a specification as the above, and the engineer's client will pay more than the fair cost of such work. To ask a contractor to assume all risk of conditions and then to assume the risk of what an obviously unfair engineer may think necessary to provide for such un- foreseen conditions is, to say the least, unwarranted. In specifications for work which is covered from sight, not easily reinspected, and not open at all times to ready examination, it is de- sirable to provide that the engineer may if he desires uncover and open up for his personal examination any work supposed to be com- plete. In such case it is usually provided that if the work is found to have been constructed in accordance with the plans and specifications, the cost of such examination and of any necessary repairs, shall be at the expense of the engineer's client ; but if the work is found faulty in any particular, it shall be replaced and repaired at the expense of the contractor. Such a clause, permitting re-examination at any time, discour- ages any attempt at introducing poor work or material either in the absence of the inspector or by collusion, and is fair and just for it in- volves no expense to the honest contractor, while it means the possi- bility of an expense to the dishonest contractor greater than any pos- 11 Eng. News Sup., Vol. 50, p. 305. Preparation of Contracts and Specifications 1 49 sible saving through defective work. An unfair clause of this general character which would undoubtedly cause an unnecessary increase in the cost of work on account of the uncertainties involved, is as follows : "The engineer must be permitted to remove such portions of the work as he may from time to time think necessary, for the discovery of improper material or workmanship, and the contractor shall restore such work at his own expense." i- It is evident that with such a clause an engineer may greatly an- noy a contractor and add materially to the expense of construction. Such a clause is not only unfair, but savors of dishonesty as by waiv- ing such examination for a favored contractor, the cost of construc- tion might be greatly reduced. § II. Unnecessary Severity. — In drawing specifications for a material only the average requirements which characterize a good ma- terial of the class desired should usually be embodied. It is undesir- able to make the limiting requirements too severe, unusual or extrava- gant, as such requirements may materially add to the expense, pre- vent intelligent bids by driving responsible contractors from the field, prevent the execution of the work, or involve a confession of error and have to be modified to the embarrassment of their writer. Too often the minimum limits of a specified test are fixed at or near the maximum that has been secured from tests of the best of similar ma- terial. Frequently the results specified are impossible to obtain on the average, especially when a material is new on the niarket. Such severe requirements are usually in error and are seldom if ever neces- sary. The requirements for a good average material are more readily enforcible, and any additional safety required should, if possible, be secured by improvement in design. In the early days of brick paving, when the number of paving brick factories was still small, a test of paving brick from one of the smaller factories showed that the best class of material would not ab- sorb more than i^ per cent of water. Based on these tests, it was suggested that specifications for this material should place this limit as the requirement for brick for paving. At the particular time in question, the factory mentioned could not have supplied more than one- half million brick per year, and few if any other factories were, at that time, turning out brick which would comply with such a specification. Nevertheless such a specification was adopted for a paving contract 12 Eng. News Sup., Vol. 50, p. 365. 1 50 Notes on Contracts and Specifications involving about six million brick, and had to be waived before the construction of the pavements in question was possible. SPECIFICATIOXS FOR CRITICISM The student should be assigned one or more of the following spe- cifications, and required : First: To criticise the specification as written. Second: To rewrite the specification so as to assure proper re- sults or to express the meaning (which should have been expressed) in clear and unequivocal language. 1. "Broken stone shall be of quality approved by the engineer and shall be of cubes of such size as will pass through a two inch ring." — Eng. News Sup., Vol. 51, p. 149. 2. "The contractor must employ a competent mechanic, selected by the engineer, who understands and speaks English, and not a common laborer, to make the joints of the pipe sewer." — Eng. News Sup., Vol. 51, p. 149. 3. "Should the engineer so desire, 50% of the stone (for the concrete) may be replaced by gravel, perfectly free from sand." — Eng. News Sup., Vol. 51, p. 129. 4. "The mortar used in masonry and brick work shall be made of hy- draulic cement and sand, or lime and sand, or a combination of hydraulic cement, lime and sand, according as the engineer may direct. It shall be mixed in such proportion and made and used in such manner and within such time after mixing as he shall prescribe and direct." — Eng. News Sup., Vol. 51, p. 49. 5. "The engineer must be permitted to remove such portions of the work as he may from time to time think necessary for discovery of improper materials or workmanship, and the contractor shall restore such work at his own expense." — Eng. News Sup., Vol. 50, p. 365. 6. "All timber used in the trench and left there shall be paid for at cur- rent rates." — Eng. News Sup., Vol. 50, p. 305. 7. "In accordance with our conversation this morning, I hereby agree to rent you 12 wheel scrapers at 50 cents each per day." — Eng. News Sup., Vol. 51, p. 169. 8. "The State Engineer shall between the first and fifteenth days of each month make and file with the Superintendent of Public Works, an esti- mate of the amount, character and quantity of work done and of material which has actually been put in place in accordance with the terms and con- ditions of this contract during the preceding month, and compute the value thereof. The Superintendent of Public Works may within fifteen days thereafter at his office, pay to the contractor from the money which shall have been appropriated for that purpose, a sum not to exceed ninety per cent of the value of the work performed and material furnished as so cer- tified by the Engineer." — Eng. Rec. July 27, 1907, p. 85. Preparation of Contracts and Specifications 1 5 1 9. "Trenches shall be filled with special care. The engineer may, if he deems necessary, require one man tamping to each man filling in, or may require the contractor to puddle the filling with water without extra com- pensation." — Eng. News Sup., Vol. 50, p. 125. 10. "It is expressly specified that in entering into the agreement to per- form the work herein specified, the contractor admits that he has read each and every clause of these specifications and the circular of instructions, fully understands the meaning of the same, and that he will comply with all the requirements herein set forth." — Eng. News Sup., Vol. 50, p. 321. 11. "The sewer will be measured along its center line. The price bid per lineal foot of sewer will include all expense for labor and for material needed to complete the sewer; and no additional payment will be made for bracing, pumping, street repairing or any other thing involved in completing the sewer." — Eng. News Sup., Vol. 50, p. 257. 12. "All clay and spongy material shall be removed to a depth to be de- termined by the engineer (not exceeding 12 inches below the bottom of the macadam), and shall be replaced with such material as the engineer may direct." — Eng. News Sup., Vol. 50, p. 257. 13. '"Superstructure for Paving.. — Consisting of four inches deep after rolling and ramming solid sand and gravel or hard coal cinders; under course of bricks laid flat; one inch sand bedding after rolling solid; top finished course — vitrified bricks paved on edge, racked with sand as follows: "The superstructure for paving shall be executed to such depth below the underside of the top brick course as will admit a layer of solid sand and the top finished paving. If such said depth below the underside of the top brick course be not too shallow, shall receive a foundation of sand and gravel so directed, under course bricks laid flat, with one inch of sand bed- ding for finished paving." 14. "At a depth of seven inches below underside of top brick course, the formation shall receive a layer of sand and gravel to pass a two and one- half inch ring, or hard coal cinders as shall be directed, four inches in thick- ness after ramming and rolling solid with a five ton roller, to receive layer of flat brick paving, one inch sand bedding and top course." 15 "The paving bricks shall consist of the very best quality of vitrified bricks used for paving purposes. They shall be thoroughly sound vitrified through, and shall withstand all tests brought to bear as to their fitness, and shall not contain lime, etc., to such extent as to cause them to fracture after being immersed in water eight (8) days, and shall show a modulus of rup- ture not less than eighteen hundred (1,800) pounds to the square inch, and absorption not less than one and five-tenths (1.5) per cent. This average shall not be varied from more than twenty (20) per cent." 16. "The transverse courses of top finished paving shall be laid on edge, perfectly at right angles with the line of curbs and in perfectly straight lines, laid and tested to a cord-line and plumb-bob." 17. "As the work proceeds, any portion not actually covered by the fin- ished paving; or any ground that may have been opened to the formation level, shall be kept from exposure to storms and inclemency of the weather 132 Notes on Contracts and Specifications by oil sheet tarpaulins provided for the purpose. If at any time the forma- tion is allowed to get wet, soft or cut up, it shall be taken out to such depth as directed by the engineer, and replaced with sand and gravel or hard coal cinders, thoroughly tamped and rolled, as directed by the engineer, without extra charge or cost." 18. "The committee shall have power at any time to alter, amend and do anything relating to the quantity or quality and description of materials or workmanship, or to add to, or reduce any of the work without in any way annulling the contract, and the contractor shall comply with these terms in every respect, the same as if no alteration in any respect had been made^ without extra cost or claims, or in any case, should there not be a price re- turned or provided for in the schedule contained in the contractor's bid for anything required or called for whether the same is specified or not, for materials supplied, built and fixed in place, or workmanship, then such price shall be allowed by the engineer as in his opinion is reasonable and fair, and according to its market value. If such alterations diminish the work to be done, they shall not constitute a claim for damages or for anticipated profits on the work dispensed with." CHAPTER XI CONTRACTS § I. Ordinary Business Transactions. — Almost all business transactions involve contracts, either actual or implied. The majority of minor business transactions are so definite and so quickly executed that no written memoranda are either necessary or desirable. A calls B, a coal merchant, by telephone and inquires the price of hard coal. B replies $9 per ton. A asks to have ten tons delivered. B delivers the coal ; A sends a check for $90. The transaction is com- plete ; an oral express contract has been entered into and performed ; no writing was necessary. § 2. Necessity of Written Agreements. — When, however, the transactions become at all complicated, and where much time will elapse prior to or before final performance, the details of the agreement may become indistinct or uncertain in the minds of one or both of the parties, unless the same are reduced to writing. While an express contract may be either oral or written, it is highly desirable that if it is not to be immediately performed and com- pleted, it should be made in writing in order that a record of the transactions shall be made both as a memorandum for the informa- tion of the parties themselves, or for their administrators in case of death. This is especially desirable whenever the agreement is of mo- ment, and especially where it it at all complicated by general or tech- nical specifications of any kind that may possibly be misunderstood, overlooked or forgotten before its execution, or where other grounds of dispute may possibly arise. The habit of making all agreements, orders and instructions in writing will avoid much confusion, many misunderstandings and pos- sible litigation. It is not always essential to prepare elaborate contracts. The de- gree of detail with which they should be prepared must depend largely upon the nature of the contract and the object for which they are writ- ten. Brief contracts with little or no detail, are warranted for circum- stances under which competition is limited to contractors known to be I 54 Notes on Contracts and Specifications responsible and experienced, and whose material, work or machinery can be taken on their merit with few questions as to the character of de- tails. § 3. A Contract Made by Letter. — In simple transactions the contract may consist of an inquiry, an offer and an acceptance in the form of letters, which together will constitute a contract. A. B. C, a manufacturer of Rockford, Illinois, desires to arrange for a supply of coal for power purposes, and writes to various parties for prices. Among others, he writes X. Y. Z. of La Salle, Illinois, as follows : Rockford, Illinois, Nov. i, 19 15. Messrs. X. Y. Z., La Salic, Illinois. Gentlemen: We shall need during the year 19 16, about twelve hundred tons of soft coal, mine run, for power and heating purposes. We desire the coal delivered on the side track at our factory in this city, as needed. Will you kindly advise us at your early convenience if you will fur- nish this coal, and at what price ? Very truly yours, A. B. C. To this X. Y. Z. replies : La Salle, III, Nov. 10, 19 15. Messrs. A. B. C, Rockford, Illinois. Gentlemen: In reply to your favor of the first instant : we will undertake to fur- nish you mine run coal from our Chapin mine near this city, twelve hun- dred tons of coal, more or less, as needed by you, delivered f. o. b. cars at our mine, for the sum of one dollar and fifty cents ($1.50) per ton, freight allowed to Rockford. It is understood that you are to advise us on or before the 15th of each month the amount of coal needed for the following month, and are to pay for the amount of coal delivered each month on or before the 15th of the following month. Hoping to receive your order for the same we are Very respectfully yours, X. Y. Z. Contracts 135 A. B. C. having used mine run coal from Chapin mine is satisfied with the quahty and price and writes : Rockford, III, Nov. ii, 1915. Messrs. X. Y. Z., La Salic, Illinois. Gentlemen: Your proposition of the loth instant to furnish the coal for our factory for the year 19 16, together with the terms of payment sub- mitted, is satisfactory and is accepted. Very truly yours, A. B. C. These letters constitute a contract, which is enforcible at law. A. B. C. must accept the "mine run coal" from the Chapin mine, and would probably have no recourse if the quality had deteriorated, as he has made no specification concerning quality, except that the coal be "mine run" and from the Chapin mine. § 4. Contract by Acceptance of Letter. — In general, the negotia- tions may not be as brief and to the point as in the above letters. The correspondence may be more voluminous, and it may be desirable to in- clude all negotiations in a single instrument, in which case the desired end may be accomplished by a direct written offer and acceptance or by a more formal agreement, either of which should be signed in du- plicate. Contract consiininiatcd by acceptance of ivritten offer. La Salle, Illinois, Nov. 20, 191 5. Messrs. A. B. C, Rockford, Illinois. Gentlemen: In accordance with our previous correspondence, we agree to fur- nish you the amount of coal needed by your factory during the year 1916, about twelve hundred (1,200) tons more or less of two thou- sand (2.000) pounds each. This coal shall be mine run and from our Chapin mine, and shall be delivered during the year 1916 as needed by you, f. o. b. cars on the side track at said mine, with freight allowed to Rockford. Your order for each month's delivery must be sent on or before the 15th of the preceding month. Payments for all coal delivered ] 56 Notes on Contracts and Specifications during any month shall be made on or before the 15th of the month following. Letter in duplicate ; please return one copy. Very truly yours, ACCEPTED : X. Y. Z. A. B. C. § 5. A Formal Contract. — MEMORANDA OF AGREEMENT It is mutually agreed between A. B. C. and X. Y. Z., this twen- tieth day of November, A. D., 1915, that the said X. Y. Z. shall fur- nish the said A. B. C, f. o. b. cars on the sidetrack of the Chapin mine, located near La Salle, Illinois, all coal that will be needed by him for the use of his factory at Rockford, Illinois, during the year 1916, about twelve hundred tons (of 2,000 lbs.) more or less and the coal fur- nished shall be Mine Run Coal from said Chapin mine. This coal shall be delivered during the year 19 16, and as needed. The order for each month's delivery shall be sent on or before the 15th of the preceding month. The said A. B. C. agrees to pay the said X. Y. Z the sum of one dollar and fifty cents ($1.50) per ton for said coal, with freight allowed from the Chapin mine to Rockford, Illinois, and all payments shall be made on or before the fifteenth of the month for all coal delivered during the preceding month. Signed A. B. C. Witness : ' ' Signed X. Y. Z. D. C. W. § 6. Written Executive Contracts. — The written executive con- tract may include all forms from the simple contracts, such as shown above, in which no technical specifications are included and the general conditions are few, to the elaborate contract necessary for the more complicated technical work that requires the preparation of numerous general conditions and many general and detailed specifications. In every case the contract or article of agreement should include, besides all requirements for a vaUd contract (see Sec. 3, Chapter 3) : 1. Parties to the contract (names, description, residence, etc.). 2. Subject matter : Promises to be performed (work, materials, etc., to be fur- nished or done). Counter-promises (payments to be made). Contracts 157 3. Time of performance. 4. Date of contract. 5. Signatures. These matters are usually written in a more or less formal manner with certain set forms of introduction, declaration and closure, which are, however, legally unessential. The essential features of an agree- ment are simply those features necessary to indicate clearly the nature and extent of the obligations assumed by all parties concerned. In many cases the purchaser may not be acquainted with the ex- act nature of the material or supplies which can be purchased from a certain miner, manufacturer or dealer, and may desire to secure ma- terial or supplies of a certain and definite kind, or he may desire cer- tain work done, machinery furnished or structures built in a certain way, for a certain purpose, or to accomplish certain results. There may also be certain responsibilities which the owner desires the con- tractor to assume, and the contractor may be asked to agree to certain conditions in regard to supervision, inspection, etc., and may also in- clude certain further conditions in regard to the manner and methods of conduct of the work, and certain conditions in regard to the financial arrangements, payments, etc., may be desired. In order that the owner may secure a definite offer for the under- taking, he should prepare a form of agreement which should contain all the conditions and specifications which may be necessary to clearly describe the undertaking and make his wishes in the premises definitely and distinctly manifest. In case these conditions and specifications are brief, they may be written into the form of agreement but where they are elaborate and involved they may better be included by reference in the agreement and be prepared as one or more separate and distinct paper which may be included under several heads such as : General cotiditions, General specifications, and SpeciUcations for In any event the agreement either within itself or together with the attached papers should explain exhaustively all matters concerning the work and material, and should contain all covenants regarding supervision, conduct of the work, responsibility of either party, pay- ments, guarantees and all specifications relative to the methods to be employed in its performance, and the materials, supplies and appliances to be furnished or used in the construction. Clearness, explicitness, inclusiveness, brevity, and proper arrangement are ends to be attained 1 58 Notes on Contracts and Specifications in their preparation. That and only that which it is desirable to cove- nant or to specify, should be included, and all covenants and specifica- tions should be stated in the shortest and clearest terms compatible with a proper and clear understanding of the matter intended to be set forth. The complete form of agreement, including all covenants and specifications, forms the basis for the negotiations for a contract. A\ hile in important work the form of agreement is usually prepared by one party to the contract without consultation with the other party, who in general is unknown, it must be so prepared that all its clauses will be acceptable or accepted by the contractor or no contract can be made without its modification. Frequently the negotiations are preceded by an advertisement, the purpose of which is to call the attention to the undertaking, and often further information is given to those who desire to become contractors through information included in a paper entitled ''Instructions to Bid- ders'' or "Information to Bidders!' and, lastly, an offer to perform the undertaking ma}' be made on a prepared form by which the various bidders offer to perform the undertaking under the proposed agree- ment, at a certain price or at certain prices which, being submitted in the same way, become comparative, unless other factors beside price, such as dift'erence in quality of material, in workmanship, or in experi- ence and reliability, become of importance. \A hen a satisfactory pro- posal is received, it is accepted subject to the making of a written con- tract, in which event the "Advertisement," "Instructions," "Proposal" and "Form of Agreement," "General Conditions" "General Specifica- tions,'' and "Detailed Specifications" are united, and when signed, con- stitute the contract. In some cases the drawings are also attached to the contract, but in most cases they are included by reference only. § 7. Form. — All agreements upon which bids are to be re- quested and contracts are to be based should be complete and should be so arranged as to lead to the utmost clearness in the understanding of what is necessary in making out proposals, submitting bids, enter- ing into the contract, and the execution of the obligation. The arrange- ment should also be such as will facilitate ready reference to each and every point which is therein mentioned. Completeness is necessary on account of the fact that an acceptance of an oft'er, to legally consum- mate a contract, must be identical with the oft'er, and the fulfillment Contracts 1 59 of an offer cannot be enforced if it involves the signing of a contract containing other and more onerous conditions than those on which the offer is based. Hence, if the papers are entirely complete and available at the time the proposal is made, the acceptance will usually consummate the contract. It is therefore also desirable that an ac- ceptance be made provisional on the final consummation of the written contract. A systematic and orderly method in the preparation of all the papers in connection with any contract is advisable, for by adopting such methods the ground can be completely and systematically covered and no details omitted. To facilitate uniformity and to prevent omis- sion and misunderstanding, the arrangement of papers should usually be such that by the filing of blanks, the attachment of such supple- ITientary specifications as the contractor may be required to furnish, the signing of the agreement, and execution of the bond, the contract can be consummated. The agreement often includes the ''General Conditions!' and even the ''Specifications." The general conditions are sometimes, and the specifications often, written separately and confined to their own par- ticular subject. The incorporation of either the general conditions or the specifications into the agreement is not essential, as a reference in the agreement to any papers, and their attachment thereto, make them equally a part of the contract. This is also true of the "Adver- tisement," "Instructions," "Proposal'' etc. Even a proper reference to these papers, sufficient for their identification, is sufficient to make them a part of the contract, though unattached, but identification is com- plete if they are attached. A reference to the drawings, sufficient for identification, is all that is necessary, and the attachment of such draw- ings to the contract is unusual except in the case of standard machin- ery where photographs and illustrations may either be attached to or accompany the contract. These papers when printed are often printed and bound in the ordinary legal document form, that is, bound at the top and opening from the bottom. The pamphlet form, however, is largely used and is much handier for reference and much to be pre- ferred to the legal form. When the papers are printed, and the legal form is used, the matter should usually be printed on only one side of the paper, as this arrangement offers greater facilities for examina- tion and use. In the pamphlet form, both sides of each sheet may be 160 Notes on Contracts and Specifications utilized, the papers being therefore less bulky. In the arrangement o£ the matter in either case, the following order may be used : Title: Front page of cover. (Description oiily.) Advertisement: Second page of cover. (Sometimes printed on the back of the cover, and generally omitted in private con- tracts.) Estimate of Amotints of Work to be Done. (Not essential, but often desirable.) Instructions to Bidders.^ Often included under either heading;. Information for Bidders ) not used in simple contracts. Form of Proposal. Form of Bond zvith Proposal. (If one is used.) Agreement. General Conditions. "1 t-- , r r ^ ^ , ^ .^ . I Either as a part of or separate from the General Specifications. > , . 7^ J. -y , r^, -r ■ lorm of as^reement. Detailed Specifications. J Form of Bond zvith Agreement. (This may be, and usually is; a separate instrument.) Form for Filiiig. (Back page of cover.) When the advertisement is printed on the back of the cover, it should be so arranged that when the document is folded, the form of filing will be on one side and the advertisement on the other side. Sometimes the printed advertisement is cut from the paper in which it appears, and is fastened to the Form of Contract, which answers every purpose. The bond to accompany the contract may be made a separate in- strument and not included under the same cover as the other papers. This is certainly as well, as reference to the bond is seldom necessary,, while the agreement and specifications are generally required for fre- quent reference. § 8. General Clauses for Agreement. — When the general con- ditions are not included in the form of agreement it should usually include only those important covenants that define, and fix the direct relation of the parties to each other in the most important matters. The following are suggested as the headings under which the data for an agreement may be prepared, subject to such modification as may be found desirable on different classes of work : Contracts 1 6 1 Outline for Agreements 1. Introduction of agreement and date of same. 2. Designation of parties, name, description and residence. 3. Declaration of agreement, parties and legal representation. 4. Exhibits as attached conditions, specification, drawings, etc. 5. Time of beginning and completion. 6. Liquidated damages. 7. Payment. 8. General provisions, bond, etc. 9. Final clauses, date or reference to date, signatures, seal, wit- nesses and acknowledgment. Discussion of Articles of Agreement I. Introduction to Agreement and Date of Same. — No specific form of introduction is required by law. A great variety of forms are in use among which may be noted the following : a. "This agreement made and concluded this day of , A. D. by and between ." b. "This agreement made and concluded this day of by and between ." c. "This contract made and concluded by and between The date on which a contract was made often becomes of much importance and should, therefore, be duly recorded.^ In form ''c" the date is usually written at the end of the contract. 2. Designation of Parties, Xanies, Residences and Description of Same. — No specific form is required for this particular clause of the agreement, but the parties to the contract should be so clearly desig- nated that their residence and their relations to the contract will be fully understood. The following form is commonly used: "By and between (owner, corporation or agent) of the City of , County of , State of — , party of the first part, and — ' (contractor, company or agent) of the City of , County of , State of , party of the second part." When a contract is made by a corporation through its authorized representatives or agents, the relation and authority of the representa- tives or agents should be clearly stated in order that the authority may be properly investigated and clearly understood, and in order that the personal liability of the representatives or agents may be avoided.^ 1 See Wait, Engineering and Architectural Jurisprudence, sec. 59. 2 Wait, Engineering and Architectural Jurisprudence, sees. 29-39. 162 Notes on Contracts and Specifications "By and between the Mayor, Aldermen, and Commonalty of the City of New York, acting by and through, the Aqueduct Commissioners, by virtue of the power vested in them by Chapter 490 of the Laws of 1883, of the State of New York, parties of the first part, and ." The following- example used by the Metropolitan Water and Sew- erage Board differs somewhat in form from the preceding : " , and the Metropolitan Water and Sewerage Board duly constituted, and appointed under and according to the provisions of Chapter 168 of the Act of the Legislature of the Commonwealth of Massa- chusetts of the year 1901, herein acting for the Commonwealth, and without personal liability to themselves, and — hereinaftr dsignated as con- tractor agree as follows:" As different states have different statutory modifications of the common laws, it is important that the residence of both parties to a contract be stated. If the parties to a contract reside in different states, the place at which the contract is made will ordinarily fix the laws tmder w^hich the contract is to be interpreted. This matter rnay be definitely fixed, however, by including in the agreement a statement that : "This contract is to be regarded as a Wisconsin (or such other state as may be desired) contract." The term ''party of the first part'' conventionally applies to the person who contracts to sell, lease, or have performed the subject mat- ter of the contract. The term ''party of the second part" convention- ally applies to the person who agrees to take or to purchase the article or to perform the contract. The use of these terms is frequently avoided by using instead some designation for the parties, such as ''the company," "said contractor," "said owner," "said board," "said manufacturer," etc., etc. 3. Declaration of Agreement — Parties and Legal Representatives. This clause may also differ greatly in form. The following is a com- mon form : "Witnesseth that for and in consideration of the payments and agree- ments hereinafter mentioned to be made and performed by said Party of the First Part and under the penalty expressed in a bond, bearing even date herewith, the said party (or parties) of the Second Part agree with the said Party of the First Part at his (or their) own proper cost and expense to do all work and furnish all material called for by this agreement in the manner and under the conditions hereinafter specified." Provisions for the death or incompetency of either party to a con- struction contract are usually provided for by definitely including "the I Contracts 1 63 heirs, executors, administrators, or assignors'' of a person, or the "suc- cessors or assignors" of a corporation.^ Example — "The said Party of the Second Part does hereby, for himself, his heirs, executors, administrators or assignees, promise and agree with the said Party of the First Part, its successors or assignors, at his own proper cost and expense, etc." When a contract is made for the personal skill or professional knowledge of the contractor, it will be discharged by his death, other- wise the legal representative of the contractor is liable under it and reference to ''heirs, administrator or executor' is unnecessary. Their mention in the contract is, however, evidence that the contract is not of such a personal character. In the same way the term "assignee" should be omitted either when "personal skill" is contracted for or w^hen the agreement includes clauses prohibiting an assignment of the con- tract.^ 4. Exhibits. — When the general conditions and specifications are not included in the form of agreement, a paragraph must be introduced in the agreement by which it is stipulated that such conditions, specifi- cations, etc., as may be essential are to be attached thereto and made a part thereof. For example : "The parties to this agreement hereby stipulate that the following ex- hibits, which are attached hereto, are made a part hereof as though written herein: The advertisement marked "Exhibit A." The instruction to bidder marked "Exhibit B." The form of proposal marked "Exhibit C." The general condition marked "Exhibit D." The general specification marked "Exhibit E." The detailed specification marked ''Exhibit F," The contract drawings marked "Exhibit G." Exhibit G shall consist of drawings described and numbered as follows: Here should follow the title and number or other distinctive mark of the various drawings. When the general conditions are included in the form of agree- ment and the specifications are not the clause concerning the exhibits, make them a part of said agreement, such as the following: a. "All work shall be done and all material furnished in strict conform- ity with appended advertisement marked 'Exhibit A,' instructions to bid- 3 Ibid, sees. 7-12. 4 Ibid, sees. 13-16. 1 64 Notes on Contracts and Specifications ders marked 'Exhibit B,' and specifications marked 'Exhibit C,' which are appended hereto and are hereby made a part of this agreement,' or b. "And it is further expressly agreed that the said excavation shall be made and said masonry shall be built, and all grading and filling shall be done, and all \York, labor and material to be done and furnished under this contract shall be done and furnished strictly pursuant with and in conform- ity to the specifications hereto annexed which are made a part of this agree- ment." 5. Time. — When the general conditions are not included in the agreement and the time of completion is a matter of considerable im- portance, one of the articles in the general form of agreement is com- monly devoted to this subject, although the further general conditions and stipulations in regard to delays, extension of time, and forfeitures are placed in the general conditions. The article in the form of agreement may be essentially as fol- lows : The contractor further agrees to begin work within days from the date of this agreement and to so prosecute the work that it will be en- tirely completed on or before . The maintenance of a greater progress in this work which will result in its completion within a specified time, is an essential feature of this contract, and the contractor agrees to do all things and to take all necessary precautions to insure the rate of progress and the time of completion as stated and defined in this agreement and in the attached specification. 6. Liquidated Damages. — The liquidated damages to be paid by a contractor for delays in the completion of the work undertaken by him to be completed in a given time under the stipulations outlined in paragraph 5 are usually of sufficient importance to be included as one of the articles in the form of agreement, even in cases where the gen- eral conditions are made a separate exhibit of the contract. This may be done by stipulations essentially as follows : The party of the second part agrees to pay the party of the first part as liquidated damages the sum of dollars per day for each and every day that he delays the completion of the entire work to be done under this contract; and the party of the first part shall have the right to deduct the amount of any such liquidated damages due from any moneys due or which may become due to the party of the second part under this contract, and to collect from the party of the second part and his sureties any excess of such liquidated damages over and above the amount that would be otherwise d'ue the contractor. 7. Payments. — The payments to be made under an agreement are provided for in various ways. In some cases the form of proposal, after being accepted, is attached as an exhibit to the agreement, in Contracts 1 65 which case it is stipulated in the agreement that payments shall be made in accordance with the prices set forth in the exhibit and in con- formity to the general conditions and specifications attached to the agreement. In other cases, a schedule of unit prices and estimated quantities is included as one of the articles in the general form of agreement. This is apparently done for the reason that the payments are a most important factor and that such importance warrants their insertion into the agreement itself. These two forms are shown in the following examples : (a) For and in consideration of the faithful performance of the con- tract by the party of the second part in full accordance with the plans and; specifications, and with the stipulations herein contained or attached hereto, the party of the first part agrees to pay to the party of the second part the prices set forth in the form of proposal, which is marked "Exhibit C" and attached hereto and made a part hereof. Said payments shall be made in accordance with the general conditions and specifications attached hereto. (b) For and in consideration of the faithful performance of this con- tract by the party of the second part in full accordance with all of the pro- visions of the same as set forth in this agreement and in the various ex- hibits attached hereto, the party of the first part agrees to pay to the party of the second part, in the manner and at the times hereafter set forth, and at the rates mentioned and described in the following schedule of unit prices, to wit: SCHEDTTLE OF UXIT PRICES Item Class Unit of Quantity Unit Price 8. Provisions for Bond, etc. — The provisions for bond are some- times included under paragraph 3, as shown in the examples given therein. In other cases they are stipulated in an article at the end of the form of agreement, essentially as follows : ''Contract and Bond. — It is further agreed by the parties to this contract that this contract shall be executed in triplicate, one copy being retained by the party of the first part, one to be delivered to the party of he second part, and one to be delivered to the chief engineer. "The party of the second part further agrees to execute a bond in the sum of dollars for the faithful performance of the work and in the form provided for that purpose, and it is agreed that this contract shall be void until such bond is signed, delivered, and approved by ." 9. Final Clause and Signatures. — In the final clauses and signa- tures it is important to see that all legal requirements are duly com- plied with. In the case of corporations, either public or private, the rights of the parties signing the agreement for such corporatons should 1 66 Notes on Contracts and Specifications be carefully determined in order that the agreement may be a legal and binding obligation on such corporation. In some cases a seal is de- sirable or essential ; in other cases witnesses to the signature are nec- cessary ; and in still other cases, acknowledgment before a notary pub- lic is required. "In witness whereof the parties to these presents have hereunto set their hands and seals the day and date first above written." Where the date is not inserted in the first part of the contract, the final clause should be as follows : "In witness whereof the parties to these presents have hereunto set their hands and seals this day of — — , A. D, 19 — ." CHAPTER XII GENERAL CONDITIONS OF THE CONTRACT § I. Outline. — The general conditions to be included in any contract will depend on the character and extent of the work and will usually vary with each special case. These conditions may be em- braced under seven subdivisions as follows : I. Definitions. 11. Rights and Responsibilities of Owner. III. Engineer's Authority. IV. Prices and Payments. V. Contractor's Responsibilities. VI. Conduct of Work. VII. Police and Sanitary Regulations. These divisions, the titles of which, in general, indicate the nature of the conditions which should be included thereunder, may be subdi- vided as the conditions in each particular case require. In section 2, these main divisions are further subdivided and as given and dis- cussed in the following section include all of the general conditions usually necessary for extended contracts. In most contracts many of the conditions herein discussed will not apply and only such should be included as are pertinent to the particular conditions for which the contract is purposed. § 2. Outline of General Conditions. I. Definitions. II. Rights and Responsibility of Owner. A. Inspection and supervision. B. Right of access and collateral works. C. Changes, alterations and extra work. D. Discrepancies and omissions. E. Property, material, etc., furnished by first party. III. Engineer's Authority. A. To supervise and direct work. B. Assistant engineer and inspector. C. To furnish lines and grades. D. To determine quantities and measurements. 1 68 Notes on Contracts and Specifications E. To define terms and explain plans. F. To provide for emergencies. G. Engineer cannot waive obligations. H. To modify methods and equipment. /. To retain imperfect work. /. Arbitration. IV. Prices and Payments. A. Estimates and payments. B. Delayed payments. C. Extra work. D. Contract prices. E. Bond and sureties. F. Guarantees. V. Contractor's Responsibilities. A. Persons interested in contract. B. Personal attention of contractor. C. Contractor's address. ' D. Agents, superintendents and foremen. E. Compliance with laws. F. Protection against negligence and damage. G. Protection against claims for labor and material. H. Infringements of patents. /. Assignment. /. Termination of contract if abandoned, assigned, de- layed or violated. K. Time and order of completion. L. Rate of progress. M. Liquidated damages. VI. Conduct of Work. A. To keep plans and specifications on the work. B. Character of employees. C. Sustain all losses and damages. D. To protect work. E. Hindrances and delays. F. To remedy defective work. G. Construction plant. VII. Police and Sanitary Regulations. A. Sanitation. B. Intoxicants. C. Camps. General Conditions of the Contract 1 69 § 3. Definitions. Interpretation of Phrases and Definitions or Other Similar Title. — It is desirable to include in the general conditions definitions of the various phrases or terms used throughout the contract, such as 'Tarty of the First Part," "Party of the Second Part," ''Contractor," "Engi- neer," "Chief Engineer," "Inspector," "Owner," "Company," "City," and any other words, terms or abbreviations which are not otherwise fully defined. This may be done by inserting paragraphs descriptive of each title or terms as follows : "Whenever the word(s) or the expression 'Party of the First Part' or 'First Party' are used in this contract, it should be understood as referring to (here describe the person, company or corporation enter- ing into the contract to have the same performed) " "Whenever the wod 'contractor' or the expressions 'Party of the Sec- ond Part,' or 'Second Party,' are used it shall be understood to mean the per- son, persons, co-partnership or corporation who has agreed to perform this contract or to his or their legal representatives." "Whenever the word 'Engineer' is used in this contract it shall be un- derstood as referring to the Chief Engineer of the party of the first part, or such other engineer, superintendent or inspector as may be authorized by said first party to act in any particular." "Whenever the words 'Directed,' 'Required,' 'Permitted,' 'Ordered,' 'Des- ignated,' 'Considered Necessary,' 'Prescribed,' or words of like import are used, it shall be understood that the direction, requirement, permission, or- der, designation, or prescription, etc., of the Engineer is intended; and similarly, the words 'Approved,' 'Acceptable,' 'Satisfactory,' or words of like import, shall mean approved by, or acceptable or satisfactory to, the Engi- neer." § 4. Rights and Responsibilities of Owner. A. Inspection and Supervision. — Unless the owner is willing to assume responsibility for the negligence of the contractor and the re- sult to be ultimately accomplished under the contract, he must not im- pose his control of the manner and method by which the results are to be accomplished.^ The retention of the control of men and method by the owner de- stroys the relations of "Owner and Independent Contractor" and es- tablishes the relation of "blaster and Servant" or of "Principal and Agent." - The owner may direct as to the result of the undertaking, and may prescribe in the specifications and plans the method and manner of do- 1 Wait, Engineering and Architectural Jurisprudence, Sec. 651. 2 Ibid, Sees. 653 to 659 and Sees. 665 to 666. ] 70 Notes on Contracts and Specifications ing the work. He may delegate the direction and supervision of the work to his authorized agent or agents, that is to his engineers, in- spectors, etc. In this case the contractor by accepting the contract, ac- cepts such methods and manner of doing the work as his own.^ Care should be exercised in including in the contract and specification, such requirements as are considered necessary as to the method of doing the work and as to the final result to be obtained, but any assumption of detailed control of manner or methods during the construction of the work should be studiously avoided, if, as is usually the case it is desired to fix the responsibility for the conduct of the work and for the results of the same, on the contractor.* Such supervision and inspectiou as may be desired must be speci- fied and described in the agreement. Any aid that the contractor is to furnish in connection with such inspection must also be clearly specified. "It is agreed by the party of the second part that the party of the first part shall be, and is hereby authorized to appoint from time to time such engineer, superintendent or inspector as the said first .party may deem proper, to inspect the material to be furnished and the work to be done un- der this agreement and in accordance with the specifications therefor. The contractor shall furnish all aid and assistance required by the engineer, su- perintendent or inspector for the proper inspection and examination of the work and all parts of the same. The contractor shall regard and obey the directions and instructions of any engineer, superintendent or inspector so appointed when the same are consistent with the obligations of this agree- ment, and of the specifications attached hereto, or said contracor shall imme- diately appeal to the Chief Engineer for his decision, and shall respect such decision when so rendered." B. Right of Access and Collateral Work. — Unless otherwise pro- vided, an agreement for construction will ordinarily give the con- tractor full possession of the building, plant or field of operation, and if other contractors are to furnish material or to do work which may result in more or less interference, proper provision should be made in the agreement to retain this right. This stipulation should reserve the right of access to the work when such reservation is necessary or desirable. The reservations made, however, should not be such as may needlessly cause possible trouble or extra expense to the contractor. "The party of the first part reserves the right to enter the property or location on which the works herein contracted for are to be constructed or 3 Ibid, Sees. 660 to 664. 4 Ibid, Sec. 667. General Conditions of the Contract 1 7 I installed by such agent or agents as it may elect for the purpose of cpn- structing or installing such collateral works as said first party may desire. Such collateral works will be constructed or installed with as little hindrance or interference as possible with the party of the second part. The party of the second part hereby agrees not to interfere with or prevent the performance of such collateral work by the agent or agents of the party of the first part, or to claim any extra compensation or damages by delays or hindrances which be caused by the construction or installation of such collateral work." " and his engineers, agents or employees may, for any purpose, and other contractors may, for all the purposes which may be required by their contracts, enter upon the work and the premises used by the contractor, and the contractor shall provide safe and proper facilities therefor. Any differences or conflicts which may arise between the contractor and other contractors of in regard to their work shall be adjusted and determined by the engineer." C. Changes, Alterations and Extra Work. — Provisions may be made for changes, alterations or extra work, but when so made, they may be exercised only in the manner and to the extent provided in the agreement.^ It should be noted, however, that any unauthorized changes in the contract will release the sureties on the contractor's bond, but that said sureties will not be released from the contract by changes which are duly authorized therein.*' "The said party of the second part further agrees that the said first party may make such alterations as said party may see fit in the line, grade, form, dimensions, plan or material of the work herein contemplated, or any part thereof, either before or after the commencement of the construction. "If such alterations diminish the quantity of the work to be done, they shall not constitute a claim for damages or anticipated profits on the work that may be dispensed with. If they increase the amount of work, such in- crease shall be paid for according to the quantity actually done, and at the prices established for such work under this contract; provided, however, that if said first party shall make such changes or alterations as shall make use- less any work already done or material already furnished or used in said work, that said first party shall recompense said party of the second part for any material or labor so used. No work shall be regarded as extra work unless it is ordered in writing by the Chief Engineer and endorsed by , and with the agreed price for the same specified in said order, pro- vided said price is not otherwise determined by this contract. All claims for extra work shall be made to said first party within sixty days after its completion, and, failing to make such claims within this time, all rights of the contractor for extra pay for such work shall be forfeited." '> Wait, Engineering and Architectural Jurisprudence, sees. 551 to 571. 6 Ibid, Sees. 20, 21 and 576. 1 72 Notes on Contracts and Specifications D. Discrepancies and Omissions. — Where discrepancies are found between plans and specifications, which is frequently the case, in minor matters, at least, the court will determine, if possible, the actual in- tention of the parties at the time of signing the agreement. Provisions may be and usually are made that the engineer may explain such dis- crepancies and may decide which shall prevail."^ Provisions may also be included in the agreement for the correc- tion of errors or omissions in matters or things which are fairly im- plied by the agreement, and the same rules hold as in the case of dis- crepancies. These clauses should be so written as to prevent the possibilities of unjust claims for minor discrepancies or immaterial omissions but should not impose upon the contractor the expense of rectifying the mistakes of the engineer. "Discrepancies: Should there be any discrepancy between plans and spec- ifications for the work herein specified, the engineer shall define which is intended to apply to the work in hand, and the contractor shall be bound by such decision." ''Omissions : Any work or material not herein specified but which may be fairly implied as included in the contract, of which the Chief Engineer shall be the judge, shall be done by the contractor without extra charge." "This agreement including the specifications, plans and estimates is in- tended to be sufficient to show all work to be done and material to be fur- nished hereunde. The quantities of the various classes of work and material to be done and furnished under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for com- paring the proposals offered for the work, on a uniform basis. It is under- stood and agreed that the actual amount of work to be done and material to be furnished, under this contract may differ somewhat from these estimates, and that the basis for payments under this contract shall be the actual amount of such work and material done and furnished. "The contractor agrees that he will make no claim for damages, antici- pated profits or otherwise on account of any differences which may be found between the quantities of the various kinds of work and material actually done or furnished under this contract and the estimated quantities contained in this agreement. It is further agreed that it is the intent of this con- tract that all work must be done and all material must be furnished in ac- cordance with the best practice, and in the event of any discrepancies be- tween the plans and specifications, or otherwise, or in the event of any doubt as to the meaning of any portion of the contract, specifications or plans, the engineer shall define which is intended to apply to the work, and the con- tractor shall be bound by such decision. Any work or material not shown 7 Wait, Engineering and Architectural Jurisprudence, sees. 225 to 235. General Conditions of the Contract 1 73 on the drawings or described in the specifications but which may be fairly implied as included in any item of the contract, shall be done and furnished by the contractor without additional charge therefor." E. Property, Material, .etc., to he Furnished by First Party. — The party of the first part should, in general, furnish the real estate and rights-of-way required for the purpose of the work. The first party may desire to furnish other material or supplies which may be on hand or which it may be desirable to furnish through mantifactur- ers or other contractors. The latter furnishings are usually described in the specifications. The real estate or rights of way are usually de- scribed in the general conditions. "The party of the first part will furnih all real estate and rights of way reasonably necessary for the work, including land needed for the construc- tion, for borrow pits, for waste dumps, for camp sites and for access to the work. "In case of serious delays in the acquisition of the necessary land for this purpose, an extension of time will be granted the contractor sufficient to compensate therefor. The contractor shall have no compensation for minor delays or interruption caused by the failure to secure such land but shall re- ceive compensation for the actual losses occasioned by serious delays." § 5. Authority of the Engineer. The engineer is commonly designated as the arbiter to decide questions of quantity, quality, workmanship, and any other questions which may arise between the parties to a contract. Commonly, the specifications attempt to make the decisions of the engineer "final and conclusive" on the contractor, and often on both parties.^ The de- cisions of assistants must always be subject to appeal to the Chief En- gineer, and frequently the decisions of the Chief Engineer are made subject to adjustment by a board of arbitration. No agreement on the part of the contractor can make such decision "final and conclu- sive" if such decisions are unlawful, for a man cannot legally sign away his own rights to his "day in court." In preparing such clauses or stipulations, the following conditions should be kept clearly in mind : 8 Mutuality is the essence of a valid contract and this must exist not only in the contract as a whole but in regard to each obligation of the con- tract. That is, every obligation resting on one party must be in considera- tion of a promise or act of the other party. Neither party is bound unless both are bound. If, therefore, the engineer is made the arbitrator of the contract on the part of the contractor his authority is at least doubtful unless the contract also provides that the first party is also bound by his decision. 1 74 Notes on Contracts and Specifications The authority that the engineer can exercise in regard to any con ■ tract is confined to those functions conferred upon him by the contract stipulations which must be strictly complied with. Under the usual form of contract, the engineer is commonly en- dowed with two duties, — first, as an agent of the owner, and second, as an arbiter of the terms of the contract.^ The engineer's authority does not extend to anything not expressly provided for in the contract, and he cannot vary its terms in any way."' If so stipulated, the engineer may determine quantities and classifica- tions, but he cannot act arbitrarily in the premises and must use the methods and classifications prescribed in the contract. ^^ If so stipu- lated, he may determine the quality and workmanship of the work done.^- The right of the engineer or of a board of arbitration to de- termine any question in dispute, cannot be fixed to the exclusion of a review by courts of law or of equity, but such determination may be made a ''condition precedent" to such review. ^^" In the supervision and direction of construction work the engineer must exercise certain judicial functions in interpreting the clauses of a contract, but all specifications should be so drawn as to limit this func- tion to the greatest possible extent. \Mien the engineer is made the ar- biter of a contract, he should so far as possible, eliminate prejudice and bias and represent not only his client but the contractor as well, in order to see that the contract is carried out with justice to all con- cerned. It must, however, be practically recognized that the engineer is not an unbiased party. Employed by his client to secure satisfac- tory work which, as a rule, he has designed, and for which he has pre- pared the specifications, his tendencies are to so interpret the specifica- tions as to bring about the results he desires, and any clauses which he has therefore rendered obscure are liable to be interpreted in the favor of his client rather than of the contractor. When a specification is definite, the honest engineer can give but one opinion. The function of the engineer therefore is not that of the legal judge but of the expert judge. A. Supervision and Direction of Work. — The function of the en- gineer is to supervise and direct the work of construction and to see 9 Wait, Engineering and Architectural Jurisprudence, sees. 370 and 371. lolbid, sees. 372 to 380. 11 Ibid, sees. 381 to 387. 12 Ibid, sees. 388 to 390. 13 Ibid, sees. 400 to 417. General Conditions of the Contract 1 75 that the same corresponds with the requirements of plans, sepcifica- tions and contract. The right of direction reserved to the engineer in the contract should not be so extended as to relieve the contractor of the responsibility imposed thereunder, nor should it be such as to permit the engineer to unnecessarily hamper or delay the execution of the work. The common specification that, 'The work must be com- menced and carried on at such points and in such order or precedence as may be directed by the engineer," is usually unnecessary and un- just. In most cases if desirable, it is quite possible to prescribe the point or points at which the work shall be begun and the order or precedence in which it is necessary that it shall be constructed. The right of the engineer to change this order should be limited to condi- tions where contingencies may arise that clearly make such a change necessary. ''Supervision: It is mutually agreed between the parties to this contract that the engineer shall supervise and direct all work included herein. To prevent all disputes and to discourage litigation, it is further agreed by and between the parties to this contract that if it cannot be otherwise agreed, the chief engineer shall in all cases determine the amount of the quantities of the several kinds of work which are to be paid for under this contract, and he shall determine all questions in relation to said work and the con- struction thereof, and he shall in all cases arbitrate every question which may arise relative to the execution of this contract on the part of said con- tractor, and his estimate and findings shall be the condition precedent to the right of the party of the second part to any action on the contract and to any rights to receive any money under this contract." "Duration of work: Whenever it is necessary, in order to assure the safe and proper construction of the work, the engineer shall determine the times and seasons and the order of precedence under which the work shall bei done. Where the first party is having other work done, either by contract or by its own force, the engineer may direct the manner of constructing the work done under this contract, in order that conflicts may be avoided and the various works being done by the party of the first part may be harmonized." B. Assistants and Insp.cctors. — In large work a considerable num- ber of assistant engineers, superintendents and inspectors may be re- quired to see that the work is properly performed. In general, their activities should be limited to the special work to which they are as- signed. "The word 'engineer' shall mean the chief engineer of the party of the first part, or his duly authorized agent, assistant engineer, superintendents, and inspectors acting severally within the scope of the particular duties as- signed to them." I 76 Notes on Contracts and Specifications Inspectors. — In most large public works where numerous inspect- ors are necessary or desirable, men have often to be employed for such positions, who have little or no professional knowledge or practical experience on the work in question. This is apt to be especially true in public work where appointees to such positions are frequently placed by politicians without much regard for ability or sometimes for integ- rity. Such inspectors frequently are given or assume an authority which they should not possess and sometimes utilize their position to harrow and annoy the contractor, either through their ignorance or occasionally for purposes of petty graft. To cover such conditions, it has been suggested by Mr. Ernest McCullough ^^ that a clause be in- troduced in the general conditions somewhat as follows : "It is mutually agreed that the inspectors on this work shall not be re- garded as deputy engineers, but their duties shall be to report to the en- gineers in charge any deviation from the specifications, and when necessary to order the work stopped until the engineer in charge can give his opinion concerning any disputed question." "All decisions regarding the character of work to be done or material to be furnished or the interpretation of the specifications, shall be referred to the engineer in charge, and the inspectors shall make no changes or devia- tions from the specifications or allowances of any kind, without written au- thority to that effect from the engineer in charge. It is furthermore agreed by the parties to this contract that in case the engineer in charge is obliged to be absent from the work for a considerable time and it becomes necessary to delegate his authority during his absence to any one of said inspectors, said inspector shall be appointed in writing and such authority shall cease without notice on the return of the engineer." C. Lines and Grades. "All lines and grades shall be furnished by the engineer but the con- tractor shall provide stakes and such ordinary labor as may reasonably be required by the engineer to assist him in such work. Whenever necessary, work shall be suspended to permit of this work, but such slspension will be as brief as practicable and the contractor shall Ipe allowed no extra compen- sation therefor. The contractor shall give the engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the contractor and in cas of their de+ struction or removal by him or his employees, such stakes, marks, etc., shall be replaced by the engineer at the contractor's expense." D. Quantities and M,casurements. — The subject of measurements is prolific of trouble in specifications unless the methods used are fully understood. It is always desirable to assure such understanding by a 14 See Eng. News Supplement, vol. 51, p. 233. General Conditions of the Contract 1 77 specification which shall expressly state the method to be used. This is commonly done by the general statement "No extra or customary measurements of any kind will be allowed in measuring work under this contract, but the actual length, the solid con- tents, the number and weight only shall be considered, unless otherwise specifically provided." Frequently in various artisans' work, various customary methods of measurements are applied by the trade or by general usage, which in general, are an attempt to equalize the difficult portions of the work and reduce them to the basis of plain work by making extra allowances where such work becomes unusually expensive. Such methods are justifiable in themselves, if fully understood by both parties to the con- tract and indeed simplify, to a considerable extent, the estimate of the parties who are used to making their figures on the basis of such meas- urement. As they are usually readily understood and can be easily applied by the engineer, and more easily applied by the contractor who has been accustomed to them, it would seem desirable that they should be used wherever such use seems feasible. In any event, the matter should be made plain and if such rules are to be used, it should be spe- cifically so stated. If on the other hand such rules are to be ignored, then a clause similar to that previously mentioned should be inserted, so that no misunderstanding can possibly exist. Even where the method of measurement may seem almost beyond question, differences of under- standing may arise. For example, the measurement of the surface area of a pavement would seem a very simple affair on which the en- gineer and contractor could hardly disagree. Where manholes, catch basins and street railway tracks are located on the street, the expense of fitting around these structures is usually greater than would be the extra cost of pavement which would be constructed were these struc- tures removed ; no allowance is therefore usually made in the amount of paving estimated for the surface occupied by these structures, but if the surface area of the same is deducted, a considerable extra ex- pense should be added to the contract price named for the remainder of the pavement. The same difficulty exists to a greater or less extent in the meas- urements of a great many other structures, such as stone masonry, brick walls, etc. The clauses modifying measurement should there- fore be made explicit, so that they can be literally interpreted. 1 78 Notes on Contracts and Specifications E. To Define T.erms and Explain Plans. — Even when much care has been taken in the preparation of plans and in the writing of speci- fications it is commonly found that difference of opinion will arise in regard to their meaning and intent. It is essential, therefore, that the engineer shall be authorized to define the meaning of words and terms, and indicate the limits necessary for their fulfillment under the con- tract. He should also be authorized to explain the meaning and in- tent of the plans and harmonize any apparent discrepancies between the plans and specifications. ''Definition of Terms: Whenever, in the specifications or drawing's ac- companying this agreement, the terms or descriptions of various qualities relative to 'finish,' 'workmanship,' or other qualities of similar kind which cannot from their nature be specifically and clearly described and specified, but are necessarily described in general terms to be 'satisfactory,' 'fir&t class,' 'workmanlike,' or described by other terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said specification shall be decided by the chief engineer, and said work shall be done in accordance with his interpretation of the same and to his full satisfaction and approval, and he shall in all cases be the judge of the fulfillment thereof." ''Explanation of Plans: Whenever any misunderstanding shall arise con- cerning the meaning and intent of any of the drawings furnished or to be furnished to the contractor under this agreement, or whenever any appar- ent discrepancies shall arise between said plans and the contract and speci- fications, the chief engineer shall explain the same, and said explanation shall be final and binding on both parties to this contract. Said engineer may amend or correct any errors or omission in the drawings or specifica- tions when such amendment or correction is necessary to bring out the meaning and intent which is clearly indicated by a reasonable interpretation of the same." F. Emergencies. — On important work, where possible hazards to life and property may arise, or where the welfare of the work may de- pend upon the precautions taken by an individual contractor, such pre- cautions may be neglected, and it is customary and desirable under such conditions to provide that the engineer may do whatever is neces- sary to prevent such possible contingencies. The necessity of exer- cising such a right seldom occurs, but the right to provide such pre- cautions is very essential. "Emergencies: Whenever, in the opinion of the engineer, the contractor has not taken sufficient precaution for the safety of the public or the pro- tection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by processes of construction on account of such neglect, and whenever, in the opinion of said engineer. General Conditions of the Contract 1 79 an emergency shall arise and immediate action shall be considered neces- sary in order to protect public or private, personal or property interests, then, and in that event, the said engineer, with or without notice to said con- tractor, may provide suitable protection to said interests by causing such work to be done and material to be furnished and placed as shall furnish such protection as said engineer may consider necessary and adequate. "The cost and expense of such work and material so furnished, shall be borne by said contractor, and if the same shall not be paid on presentation of the bills therefor, then said costs shall be deducted from any amounts due or which may become due said contractor. "The performance of such emergency work under the direction of the engineer shall in no way relieve the contractor from any damages which may occur during or after said precaution has been duly taken by said en- gineer." G. Preliminary Approval. — Where various assistants and inspect- ors are employed in connection with the execution of work, it is desir- able to specifically limit their power of acceptance of work done to the stipulations of the contract. "No engineer, superintendent or inspector shall have any power to waive the obligations of this contract for the furnishing by the contractor of good material and of his performing good work as herein described in full accordance with the plans and specifications. No failure or omission of any engineer, superintendent or inspector to condemn any defective work or material shall release the contractor from the obligation to at once tear out, remove, and properly replace the same at any time upon the dis- covery of said defective work or material." H. Right of Engineer to Modify Methods and Equipment. — The right to modify the contractor's method of work and equipment is a serious reservation which should be included only when the nature of the work makes it necessary for safey that the work shall be done within a given time or by such means that such safety shall be secured. Such arbitrary requirements can be advantageously made a part of the general conditions only when the standing and experience of the en- gineer are sufficient to make him a reasonable judge of the necessities of the case. ''Right to Modify Methods and Equipment: If at any time the methods or equipment used by the contractor are found to be unsafe or inadequate for securing the safety of the workmen or other persons who may be en- dangered thereby, or to secure the quality of work or the rate of progress required under this contract, the engineer may order the contractor to in- crease their safety or to improve their character and efficiency, and the contractor shall comply with such orders. "If at any time the working force of the contract is inadequate for securing the progress herein specified, the contractor shall, if so ordered, 180 Notes on Contracts and Specifications increase his force or equipment, or both, to such an extent as to give rea- sonable assurance of compliance with the schedule of progress. "The failure of the engineer to make such demands shall not relieve the contractor of his obligations to secure the safety of his men, the quality of the work, and the rate of progress required by this contract." /. Right to Retain Imperfect Work. — The contract usually pro- vides that all work which is not in accordance with the plans and specifications shall be taken down and rebuilt in accordance therewith. Under some conditions the removal of work constructed may so greatly impede the progress of the entire work or involve such other losses and damages that it may be desirable or essential to retain the w^ork, even with the imperfection rather than to suffer the consequent loss of its removal and replacement. Whenever such cases may arise it is desirable to include in the general conditions a stipulation, that if the imperfections are not of sufficient magnitude to warrant its removal and reconstruction or if such conditions arise as to make such removal and reconstruction impracticable or dangerous the engineer shall have the right to allow the same to remain, but shall be empowered to make such reasonable deduction from the contract price of the same as the defect of workmanship, material or construction may fairly warrant. "If any part or portion of the work done or material furnished under this contract shall prove defective and not in accordance with the plans and specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or undesirable, or if the removal of such work will create conditions which are dangerous or undesirable, the engineer shall halve the right and authority to retain such work, but shall make such deductions in the final payment therefor as may be just and reasonable." /. Arbitration. — One of the serious uncertainties in estimating the cost of work by contractors arises when the decisions of the various questions which may arise under a contract are left to the decision of the engineer. Where the contractor has done previous work under a certain engineer, his character and the decisions which he will give under the various conditions of contract work may be known, but when a bid is made under an engineer who is unknown or under an engineer who is young and inexperienced, the uncertainties become quite serious and a considerable addition must be made to the prices bid to cover the possibilities of unjust requirements. In most work it is essential that the work should proceed, and it is desirable as a general rule that the decision of the engineer shall be General Conditions of the Contract 1 8 1 accepted and complied with so far as the immediate action of the con- tractor is concerned. It is desirable however, both on account of its effect upon the prices bid and on account of fairness that, in all mat- ters of moment where serious differences may arise between the con- tractor and engineer, some provision be made by which an appeal can be taken to a board of arbitration. Where arbitration is provided, the clause in regard to the engineer's decision may be included essen- tially as follows : ^'Engineer's Decisions: The engineer shall, within a reasonable time, decide all questions or claims of either party to this contract and all mat- ters relating to the execution and progress of the work or the interpreta- tion of the plans, specifications and contract. "Unless otherwise provided, all the engineer's decisions shall be sub- ject to arbitration." The following specification on this subject is written in general accordance with the specification for arbitration recommended by the American Institute of Architects : ''Arbitration. — Unless otherwise specifically provided, all questions in dispute under this contract shall be submitted to arbitration at the choice of either party to this contract. The general procedure shall conform to the laws of the state in which the work lies; and wherever permitted by law, the decision of the arbiters may be filed in court to carry it into effect. "If the engineer fails to make a decision within a reasonable time, an appeal to arbitration may be taken, as if his decision had been rendered against the party appealing. In such cases and in a case of an appeal from the engineer's decision, the demand for arbitration shall be filed with him in writing'within ten days thereafter; and in no case later than the time of final payment. "The parties may agree upon one arbiter, otherwise there shall be three: one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to elect a third within ten days, he shall be chosen by the presiding official of the nearest Bar Asso- ciation. Should the party demanding arbitration fail to name an arbiter within ten days of the demand, his right to arbitrate shall lapse, and the decision of the engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten days, the engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. "The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the ar- biters upon any question subject to arbitration under this contract shall be a condition precedent to any right of legal action. 182 Notes on Contracts and Specifications "The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal; and if the appeal was taken without reasonable cause, damages for any delay occa- sioned. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitra- tion upon either or both parties. The award of the arbiters must be in writ- ing, and if in writing shall not be open to objection on account of the form of the proceeding or the award." § 6. Prices and Payments. — The stipulation in regard to the financial conditions under which the work is to be done usually relates to the conditions under which estimates have to be given and payments made, together with such other special stipulations concerning guar- antees, bonds and signing of contract as it may be desirable to include. A. Estimates and Payments. "In order to enable the cont.ractor to prosecute the work to advantage, an estimate in writing will be made by the engineer once a month of the amount of work done and material furnished (and material delivered on the ground and to be used in the completed work), and of the value thereof ac- cording to the terms of the contract. The first estimate shall be of the amount or quantity in value of the work done since the party of the second part commenced the performance of this contract, and every subsequent esti- mate, except the final one, shall be of the amount or quantity and value of work done since the last preceding estimate was made. No such estimate of amount or quantity shall be required to be made by strict measurem.ent or with exactness but may be approximate only. "Upon the approval of said estimate by the chief engineer, the party of the first part will pay to the party of the second part eighty per cent, of such estimated value, and whenever said contract shall be duly completed, in ac- cordance with the terms herein contained, and in accordance with the spec- ifications, and when said work and material shall be accepted by the chief engineer, for said party of the first part, a careful and detailed estimate shall be made of the value of all work and material furnished under said: contract, and the amount due on said work shall be paid to said party of the second part, provided however it is not considered necessary by said first party to retain a certain proportion of same as elsewhere provided for pro- tection against claims for labor and material, for damages, for royalties or otherwise, and excepting also any amount retained as a guarantee for the maintenance of the work or material furnished under this contract, or for forfeiture." B. Delayed Payments. "In case any payment to the contractor on any estimate is delayed by the party of the first part beyond the time provided herein, said first party shall pay the contractor interest on the amount due at the rate of six per cent, per annum for the period of such delay. The term for which said General Conditions of the Contract 1 83 interest sljall be paid shall, in the case of progress estimates, date from the 10th day after the date of said estimate, to the date of payment of the esiti- mate, and in the case of the final estimate from thirty days after the filing of the certificate of completion and acceptance to the date of final payment of the final estimate. "If interest shall become due on any progress estimate, the amount thereof shall be added to the succeeding estimate; and if interest shall be- come due on the final estimate, it shall be added to such final estimate and paid therewith. The contractor shall not be entitled to interest on any sum or sums which by the terms of this contract the party of the first part may be authorized to retain. It is hereby agreed that such interest payments, if any, are to be in lieu of any claims of the contractor for alleged dam- ages, for breach of contract, or otherwise, on account of delayed payments." C. Extra Work. "All extra work done under this contract shall be paid for at actual cost plus fifteen per cent." The above is quite a common form of specification for extra work, but is objectionable on account of its failure to define what is meant by "actual cost." The actual cost of a piece of work will of necessity include the cost of all material, labor and supplies furnished for the work in question. It includes also the cost of the time that any fore- man may give to this special work. The work in general must be re- garded as including not only the above items, but also the cost of gen- eral superintendence, office expenses in immediate connection with the work, timekeepers and other salaries and the cost, or at least the de- preciation, on the tools and machinery used in connection with the same, also other general expenses. If the contractor is doing several pieces of work, each job must bear its portion of general expense of his main office, with traveling expenses to and from the work and even of other lettings. Unless these are included, plus a profit, the con- tractor would not be able to remain in business, for all the expenses named must be paid from the amount received for the work in question. It is sometimes argued that extra work and its percentage of profit should be based not only on the items mentioned under actual cost, but also on the cost of general supervision or overhead charge and gen- eral expense or charge outside of the job. When a contract job is taken, the items of general expense, over- head, etc., are necessarily calculated and apportioned among the vari- ous jobs of the contractor, and unless the total quantity of work to be done on some or all of these contracts has been materially reduced, an amount has been previously included sufficient to take care of these 184 Notes on Contracts and Specifications items. Hence, justice does not require that such items should be in- cluded in part of the cost of extra work unless the item of extra work is considerable and adds to such general expense. It may also be noted in this connection that, if overhead charges of a contractor's general office were to be considered as a part of the actual cost of the work under each individual contract, this might become bur- densome in the event of the contractor's having, during a given time, only a single job to which all of such expenses would have to be charged. It therefore seems just to eliminate the general ex!- pense and overhead charge both of the contractor's general work and of the particular job in question, but to include all items which go to make up the actual cost of this work, whether ordinary or extraor- dinary, when incurred directly on account thereof. In general, this should include labor, material, supplies, immediate supervision, con- tractor's liability insurance, use and depreciation of small tools such as picks and shovels, and any other expenses directly incurred by or in consequence of the special work performed. Unless all of these are included, the ten or fifteen per cent, allowed to cover profit and general expense will be too small for the purpose, as insurance on cer- tain classes of hazardous work may amount to several per cent, on the pay roll ; and the cost of foreman, especially on difficult work, may sometimes be almost or quite as great as so-called profit allowed. General expense also may frequently vary from as low as five per cent, to as high as ten per cent, of the contract price. It will be noted therefore that in order to be fair, all actual expenses directly connected with the work should be included, and a liberal percentage above this allowed for general expenses and profit. ''Extra Work,: If during the performance of this contract the engineer shall order in writing other work done or materials furnished which in his opinion cannot be classified under the unit prices of this contract, the con- tractor shall do and perform such work and furnish such material and shall he paid therefor the actual cost thereof plus fifteen per cent, in addition thereto. The actual cost is hereby defined to include the cost of all labor and materials necessary for the performance of the extra work, including any extra expenses increased directly on account thereof, also the wages of foremen and the expenses attached to contractor's liability insurance cov- ering the labor so employed. "No allowance shall be made for overhead charges, general superin- tendence, general expenses, contingencies, or use and depreciation of the construction plant; neither shall said charges include the maintenance of General Conditions of the Contract 185 the contractor's camp or office, unless such camp or office be maintained primarily on account of such extra work." D. Price for Work. — The prices bid by the contractor for the con- struction of work can be made a part of the contract by reference to the proposal which should be attached to the agreement or by re-writ- ing the prices named in the bid directly in the agreement. "In consideration of the furnishing of the material and the completion of all work by the said party of the second part, and on the completion of all work and of the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the party of the first part agrees to pay the said party of the second part the prices set forth in the proposal hereto attached, marked 'Exhibit C,' which is hereby made a part of this contract. And the said party of tihe second part hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to the specifications and requirements of the engineer. "On the condition of the true and faithful performance of all the pro- visions in this agreement and in the specifications, the party of the first part agrees to pay to the said party of the second part the following sums, to wit: , in full payment for all work, material and supplies indicated in this contract embracing the complete and satisfactory con- struction of said work as defined and described in said specifications in all parts and requirements.' E. Bond, Sureties and Special Guarantees. "Bond: It is further agreed by the parties to this contract that this contract shall be executed in triplicate, one copy being retained by the party of the first part, one to be delivered to the contractor, and one to the chief engineer. The party of the second part agrees to execute a bond for the sum of dollars for the satisfactory performance of the work in the form provided for that purpose, and it is agreed that this contract shall be void until such bond is furnished and approved by ''Sureties: With the execution and delivery of this contract the con- tractor shall give security for the faithful performance of the contract by filing with the board one or more surety bonds in the form annexed hereto, the aggregate amount of which shall be not less than forty per cent, of the estimated total contract price. Each bond must be signed by the con- tractor and the sureties. The sureties, and the amount in which each will qualify, must be satisfactory to the board. "Should any surety upon the contract be deemed unsatisfactory at any time by the board, notice will be given the contractor to that effect, and the contractor shall forthwith substitute a new surety or sureties satisfactory to the board. And no further payment shall be deemed due or shall be 1 86 Notes on Contracts and Specifications made under this contract until the new surety or sureties shall qualify and be accepted by the board. "At the expiration of each year after the date of contract the liability of the sureties under the bonds may be reduced to that extent to which^ in the opinion of the board, the need for surety is reduced, until such lia- bility shall amount to twenty-five per cent of the original liability, at which amount the bonds shall remain in full force and virtue until the completion of the entire work." F. Guarantees, Bonds, or Per Cent. Retained. — Guarantees made for maintaining the work or operating the plant for a definite period are generally protected either by a bond or by the retention of a per- centage of the contract price. "The said contractor further agrees that the said city shall be and is hereby authorized to retain out of the money payable to the contracted under this agreement, the sum of five per cent, of the amount of this con- tract and to expend the same in the manner hereinafter provided for in making such repairs on the line of said work as the engineer may deem necessary. The said contractor further agrees that if, at any time during a period of six months from the date of the final completion of the work contemplated in this contract, any part of said work shall, in the opinion of the said engineer require repairing, and said engineer shall notify the contractor in person or by mail to make the repairs so required, and that if the said contractor shall neglect to make such repairs, to the satisfaction of the said engineer, within three days after giving or mailing such notice to the said contractor, his agent or attorney, then the said engineer shall have the right to employ such other person or persons as may be deemed proper to make the change; and the said party of the first part shall pay the expense thereof, out of the sum retained for the purpose, by it, as before mentioned. And the said city further agrees upon the expiration of the said period of six months, provided that the said work shall at that time be in good order, that the said contractor shall be entitled to receive the whole or such part of the sum lasit aforesaid as may remain after the ex- pense of making said repairs in the manner aforesaid shall have been paid therefrom." § 7. Responsibility of Contractor as Affecting Party of the First Part. — Contracts for work or for furnishing material, etc., are usually entered into on account of the familiarity and equipment of the contractor which will enable him to do the work of this class to ad- vantage, and in order that the party of the first part may have the work done without personal responsibility either as to the operations of construction or the ultimate results of the work. In order that the contractor may be required to assume these responsibilities, various stipulations are necessary, and such responsibilities must be stipulated General Conditions of the Contract 187 in detail, and great care must be exercised on the part of the engineer to see that all such matters be fully covered. A. Persons Interested in Contract. "No person or persons other than ■ whose name affixed hereto as part . . of the second part now ha . . any interest hereunder as contractor... This contract shall be void if any member of the board or other officer of the city of or any person in the employ of said board or said city is or shall become directly or indirectly interested as con- tracting party, partner, stockholder, surety or otherwise in the perform- ance of this contract or in the supplies, work or business to which it re- lates or in any portion of profits thereof. Provided that incidental interest such as the ownership of stock or bonds in a railroad, telephone or other public utility, which may as an incident to its usual business furnish serv- ices or supplies to the contractor, shall not be included in the meaning of this provision." B. Personal Attention of Contractor. "The contractor shall give personal attention to the faithful prosecution and completion of this work and shall be present either in person or by duly authorized representative on the site of the work continually during its progress. He shall maintain an office on or adjacent to the site of the work." C. Contractor's Address. "Both the address given in the proposal upon w^hich this contract is based and the contractor's office at or near the site of the work are hereby designated as places to either of which notices, letters or other communica- tions to the contractor may be mailed or delivered. The delivering at either of the above named places of any such, notice, letter, or other communica- tion from the party of the first part to the contractor shall be deemed suffi- cient services thereof upon the contract, and date of said services shall be the date of such delivery." D. Contractor's Agent. — To avoid the assumption of personal re- sponsibility by the party of the first part, the right to direct individual workman should not be reserved. Such instructions as may be neces- sary must be given only to the contractor or to his duly authorized agent, and to assure the constant attendance of some duly authorized agent of the contractor, during the progress of the work, requires a specific clause in the agreement. "The contractor, during his absence from the work, shall keep a com- petent superintendent or foreman upon th-e work, fully authorized to act for him in his absence, and to receive such orders as may be given for the proper continuance of the work. Notice of any imperfections in the work or material furnished to any foreman or agent in charge of any portion of the same, in the absence of the contractor, shall be considered as notice to the contractor." 188 Notes on Contracts and Specifications E. Obscn'ance of Laz\.'s and Ordinances. — When an agreement is made, especially by a municipal corporation, for work to be done in city streets, or when the public may become interested or affected, a stipulation should be included binding the contractor to observe the laws and ordinances so that he may claim no exemption on account of the provision of the agreement. "The party of th« second part shall be subject to all laws and ordi- nances of the city of , , within which city this agreement is to be fulfilled, and said contractor shall be entitled to no exemption there- from on account of this contract." F. Protection Against X.egligencc and Damages. — In every agree- ment stipulation should be included providing for the protection of public property, and the liability of the contractor should be fixed for any negligence of himself or of his employees and for resulting dam- age occasioned thereby. "Should anj' work be done or material furnished or placed on the pub- lic steets or ways or in any other place where protection is necessary, the contractor shall, at all times, and especially during the night, put up and maintain such bearers and red lights and take such other needful precau- tions as may be necessary to effectually prevent the happening of any acci- dents in consequence of- the work being done or material being deposited in such places, and the contractor shall be liable for all damages occasioned in this way or by reason of his act or neglect or of that of any authorized sub-contraetor or any agent, employee or workmen; and the said contractor shall save and keep harmless the said first party from all suits or demands for damages alleged to have occurred to persons or property by reason of said work or of so placing said material or from said act or negligence. "And the said party of the second part further agrees during the per- formance of the work to take all necessary precaution and to place proper guards for the prevention of accidents and put up at night suitable and sufficient light and will indemnify and save harmless the said parties of the first part from all damages and costs to which they may be put by reason of injury to the person or property of another, resulting from negligence or carelessness in the performance of the work or in guarding the same, or from any improper material used in its construction, or by or on account of act or omission of the said party of the second part or the agent thereof; and the said party of the second part hereby further agrees that the whole or so much of the money due under or by virtue of this agreement as shall or may be considered necessary by the aqueduct commissioners shall, or may be, re- tained by the parties of the first part until all suits or claims for damages, as aforesaid, have been settled and satisfactory evidence to that effect fur- nished the said commissioners. "The said contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered or which might General Conditions of the Contract ] 89 be injured by any process of construction, to be undertaken under this, agreement, and he shall be liable for any or all claims for damages on ac- count of his failure to fully protect all property injured during or on ac- count of such, construction." G. Protection Against Claims for Labor and Material. — The agree- ment should contain stipulations protecting the party of the first part from all claims for labor and material furnished for the completion of the contract, and it should also contain any special restriction neces- sary for the method of paying labor on the work. "The said party of the second part agrees that he will indemnify and save harmless the party of the first part from all claims against said first party for material furnished or work done under this contract, and it is further agreed by the party of the second part that said second party shall if so desired furnish the said first party satisfactory evidence that all per- sons who have done work or furnished material under this agreement have been duly paid for such work or material, and in case such evidence is de- manded and not furnished to the aforesaid first party, such amount as may, in the opinion of the said first party, be necessary to meet the claims of the persons aforesaid, may be retained from the money due said party of the second part under this agreement, until satisfactory evidence be furnished that all liabilities have been fully discharged." H. Protection Against Royalties on Patented Inventions. — The party letting the work should commonly be protected from suit for damages occasioned by the use of patented articles on or in connection with the work or the installation included in the contract. A stipula- tion should therefore be included in the specifications by w^hich the contractor agrees to protect the party of the first part from any and all royalties on any patented invention installed or tised by him in con- nection with the work, or if the said party of the first part is to pay for such royalties it should be so provided and specified. Such stipu- lations should especially be provided in the agreement covering in- stallation of machinery or in the installation of various works for man- ufacturing or similar installation. "The contractor shall protect and save harmless the party of the firis't part from all and every demand for damages, royalties or fees on any patented invention used by him or used in connection with the work done or material furnished under this contract, and it shall be the duty of such contractor if so demanded by the party of the first part to furnish said first party with a proper legal release or indemnity from and against all such claims, and any or all payments may be withheld from said contractor until said release is furnished if the party of the first part so elects." 1 90 Notes on Contracts and Specifications /. Assignment and Subletting. — In cases where the agreement is drawn for the personal skill or professional knowledge of the con- tractor, no assignment or subletting of the work would naturally be permitted. In other cases, it is usually desirable that the assignment or subletting of the work, or any part thereof, shall be done only with the knowledge and consent of the parties of the first part or their duly authorized agents. It is therefore customary to include in the agree- ment some clause, stipulating such restrictions in regard to this matter as the conditions may make desirable. "The said contractor further agrees that he will give his personal at- tention to the fulfillment of this agreement and that he will not sublet the aforesaid work or the furnishing of the aforesaid material, but will keep the same under his personal control, and that he will not assign by power of attorney or otherwise any portion of said contract unless by and with the previous consent of the first party as signified by endorsement of this agree- ment by the officials whose signatures are attached hereto. /. Abandonment and Forfeiture. — In order to provide for due progress on the work under the conditions of abandonment of the same by the contractor, it is customary to introduce a stipulation whereby the parties of the first part may, after due notification to the con- tractor's sureties, carry the work to completion. "In case the contractor shall abandon the work and fail or refuse to commence it again within days after notification from the first party, or if he should fail to comply with the orders of the engineer or with this agreement or with the specifications hereto attached, then, and in that case, the sureties on the bond shall be notified and directed to complete the same. In case the sureties fail to comply with the notice, the first party may, within days after serving such notice, carry on the work at the expense of the contractor and sureties." K. Time and Order of Completion — Liquidated Damages — Right to Diseontinue Work. — The time of completion of a contract is often of great importance, and in all contracts, even where the importance of early completion is not great, a time of completion should be specified, otherwise the work may be delayed luidtily. The time of completion must often be made the essence of a con- tract on account of : (a) The necessity of having a given work completed to meet cer- tain emergencies, contingencies or uses. {b) On account of the losses of interest on investment or other damages which may be occasioned by delay. General Conditions of the Contract 1 9 1 For these reasons, and perhaps for many others which might he mentioned, a specific time of completion should be stipulated in the agreement. It is also frequently desirable that certain portions of the work shall be completed first, and that other portions of the work shall follow in a given order, to best serve the purposes of the construction. In such cases, the order of completion may be an essential feature of an agreement. The character of the work may also be such that it cannot be properly performed under certain weather conditions, and it may become desirable to discontinue the work when such conditions arise. When such conditions are likely to arise, stipulations to this ef- fect should be included in the agreement. There can be no doubt that a contractor is legally bound by a stipulation to complete a contract on a given day or date provided the time limit is reasonably possible, and provided also that he is not de- layed by conditions entirely beyond his control. When a contractor delays the time of completion beyond that specified in the contract, and especially when such delays are caused by his own negligence, he is undoubtedly liable for damages occasioned by such delays, and such damages can be collected by due process of law. The agreement may fix a certain sum as damages for delay, but there is always a question as to whether the amount fixed may be actually retained or recovered at law. While it is a common practice in such stipulations to define the sum to be retained as "liquidated damages," it is nevertheless true that the court will usually not regard such sum as actual ''liquidated damages," unless it can be shown that the actual damages sustained were equal to or greater than the amount as named. In such cases the court will not sustain a penalty but will sustain the collection or retention of the actual damage when said damage is not less than the amounts named in the contract.^-'"' It may here be noted that difficulties in the way of construction, casualties, accidents, etc., are not excuses which will tend to relieve the contractor from "liquidated damages." On the other hand, a delay occasioned by the party of the first part or by other contractors may relieve a contractor from "liquidated damages." ^^ When liquidated damages are actually incurred, such damages are sometimes waived by 13 Wait, Engineering and Architectural Jurisprudence, sees. 315 to 320, i«Ibid, sees. 324 and 326. 1 92 Notes on Contracts and Specifications a failure to notice the default or by allowing the work to continue and payments to be made as if such default had not occurred. ^^ "The party of the second part further agrees that the work shall be commenced and carried on at such point and in such order of precedence as may be directed by the party of the first part. "The said party of the second part further agrees that he will commence the work within days after the execution of this contract, and will progress therewith so that by the day of , 19 . . , the work shall be completed in accordance with this agreement." L. Rate of Progress and Forfeiture. — When the time of comple- tion is important, and the length of time necessary for construction is considerable, it is not sufficient simply to provide that the work shall be completed at a certain date, for with such a provision no recourse can be had against the contractor until after the date of completion. To assure the prompt completion of the work, it is desirable in all such agreements to stipulate that the rate of progress shall be made an es- sential feature of the contract, and it should be provided that unless the rate of progress necessary to complete the work in the specified time is maintained, the contract may be forfeited and relet, or the work prosecuted by other means, which means should be specified in detail. Failure to maintain a given rate of progress and the consequent forfeiture of a contract are serious features when forfeiture is actually declared, and are apt to lead to litigation. For this reason, the method of determining progress should be clearly defined, so that the right to declare forfeiture in case forfeiture is declared, may be perfectly clear. The fundamental basis on which the rate of progress and comple- tion of all contracts must depend, is the number of days' work to be done, and the time available for doing it. Under ordinary conditions, the rule for determining the rate of progress is to first determine the total number of days worked included in all classes of work covered by the contract, and divide by the time. The quotient will be the num- ber of days' work which must be done in each unit or division of time. The factors in the problem are the quantity of work, and the time in which it is to be done ; and the ordinary and usual method of calculat- ing the quantity of work is by the day's work. The term "day's work" represents the amount of work which can be done by one man in one day, and is independent of the pay which the man receives: thus, a laborer at $1.75 per day, a stone-cutter at 17 Ibid, sec. 325. General Conditions of the Contract 1 93 $6.00 per day, or a sculptor at $50.00 per day would each do one day's work in one day's time. The cost, therefore, is not the measure of quantity of work, although it is the measure of value. In all contracts, how^ever, where one class of work only is involved, or where the classes are so similar that the cost of the same is in pro- portion to the work done, quantity and values are essentially similar, and the rate of progress may be measured by either quantity or value. From the inception of the work, the engineer must bear in mind the time required for its completion, and the rate of progress must be based upon the actual time which will be required for completion. Often on account of the nature of certain portions of the work, a greater portion of time must be allowed for the execution of certain classes of work, and on others on account of limited space or other conditions where only a certain number of days' work per day are possible. Frequently correlative work, or work which depends for its execution on the com- pletion or progress of other work, will take no especial or distinct por- tion of time for its execution, as it can progress as other work pro- gresses-. In the practical execution of work, another feature must be con- sidered in this connection, that is, the preparation for the execution of work. It takes a certain length of time to get the plant on the ground, and to get it in shape for the proper performance of its functions. Then, too, in the beginning of a work it is impossible to accomplish as much the first month as the second, or the second month as the fourth, but a considerable time must elapse before the work is in full swing and can be systematically prosecuted. This is due to the fact that men and machinery are new and also to the fact that work cannot be well prosecuted until it is opened up and rendered accessible. Rate of progress also depends on the plant installed, and the spec- ifications requiring a higher rate of progress may involve an expendi- ture for a plant which will add materially to the cost of the work. The . plant must necessarily be selected in view of the time of completion and the rate of progress required; thus, a single steam shovel will handle from 600 to 1,000 yards of earth per day and cannot be set up to advantage for removing less than 100,000 yards. If the rate of progress specified is so great that a large number of shovels are re- quired, the investment involved is very large, and the cost per yard may be greatly increased over what the cost would be if sufficient time wert allowed so that only one shovel would be required. 194 Notes on Contracts and Specifications A high rate of progress of work is often possible where it is not feasible, for the element of cost is important not only to the contractor who takes the work, but also to the party having the work done, for the contractor must base his charges on the absolute requirements of construction. The specifications of the Sanitary District of Chicago, provide : "The work done each month shall not be less than the proportion in- dicated by the total number of months, provided that the first four months after notice to begin shall be considered as one month and the last two months before completion as one month, and provided further that this rate shall not be required if at any time the aggregate work done exceeds the total proportion due to the time that has passed since notice to begin work, and always provided that the sanitary district shall not be obliged to make payment in excess of the above month in proportion." The Aqueduct Commission of the City of New York, in a con- tract for Section 13 of the New Croton Aqueduct required: "That the rate of progress shall be such that, 1st, in 100 days from the execution of the contract both the shafts shall be excavated to their full depth; 2d, in each and every month, commencing 60 days from the time the shafts must be excavated, not less than one-ninth of the total length of each heading shall be excavated; 3d, on or before the 30th day of September ,> 1887, the whole work shall be completed in accordance with this agreement." In a contract for the improved sewerage of the City of Lynn, Massachusetts, the requirement for time of beginning, rate of progress, and time of completion, are as follows : "The said contractor further agrees that he will commence the work within ten days of the execution of the contract and will progress there- with so that by the 20th day of October, 1887, the value of the work done, and the materials delivered shall at least equal one-third of the value of the total amount of work to be done and the materials to be delivered under this contract and by the 15th of November, 1887, said value shall at least equal one-half of said total amount, and by the first of July, 1888, the whole work shall be completed in accordance with this agreement." This last specification includes work in which the amount of work and material is fairly measured by the value of said w^ork and material. In many contracts this is frequently not the case. For example, in works for construction of levees, which require the clearing and grub- bing of land and in which the price for said clearing and grubbing is included in the price per cubic yard for the levees, the cost of the pre- liminary work may be very considerable and may require a considerable amount of labor and time, for which, in the contract, no direct return General Conditions of the Contract 1 95 is received, and an allowance for time must necessarily be made for the execution of these preliminary works. M. Liquidated Damages. — Liquidated damages to the extent of the actual damages occasioned by the delay will undoubtedly consti- tute a legal and valid claim. "Should the contractor fail to complete the work as herein specified within the time named, unless granted an extension of time by the party of the first part, he shall be liable for the wages of the superintendent on his work from the above specified time to the date of the engineer's certificate of completion of his work, and the amount of such wages shall be deducted from the money which may be due to him from the amount of the final esti- mate, or if no monies shall be due him from the party of the first part, then the amount shall be recoverable from the contractor or his surety. "The said contractor hereby further agrees that the said shall be and is hereby authorized to deduct and retain out of any money which may be due or become due to the said contractor, under this agree- ment, the sum of dollars ($..) per day as liquidated damages for every day the aforesaid work may be uncompleted over and beyond the time herein stipulated for its completion: provided, however, that the said first party shall have the right to extend the time for the completion of the said work if he should decide so to do. "And the said party of the second part agrees to commence the work herein required to be done within days after the signing of this con- tract, and that the rate of progress shall be such that on or before the .... day of , 19.., the whole works shall be completed according to th.is agreement. "In case the said party shall fail to fully and entirely, and in con- formity with the provisions and conditions of this agreement, perform and complete the said work and each and every part and appurtenances thereof within the time hereinbefore specified for such performance and comple- tion, or within the said further time which may be allowed by for such performance and completion, the said party of the second part shall and will pay to the said party of the first part the sum of ($• • ) for each and every day that the said party of the second part shall be in default, which said sum of ($••) per day is hereby agreed upon and deter- mined by the parties hereto as the damages which the party of the first part will suffer by reason of such default and not by way of penalty, and the said parties of the first part may deduct and retain the said sum of ($••) per day out of any money which may be due or become due under this agreement." § 8. Conduct of the Work. A. Keeping of Plans and Specifications Accessible. — It is usually desirable to have plans and specifications readily accessible on the work, in order that the requirements of the contract can be discussed and defined by the engineer or inspector with the contractor and his su- 1 96 Notes on Contracts and Specifications perintenclent. These papers can usually be made most conveniently accessible by being kept at the contractor's local office or in some other manner on the work. A clause to this effect is commonly desirable. "The contractor shall keep a copy of the plans, profiles and specifica- tions constantly accessible on the work for the use of the engineer and in- spector in the work of supervision." B. Character of Workmen. — (Foreign labor, convict labor and eight-hour law.) While the party of the first part, if he would place the responsibility as to accidents and ultimate results on the contractor, must not undertake the direction of individual workmen, he may pro- vide that such workmen shall be faithful, orderly, competent and skill- ful. Where work is to be done for the public^ or must be done under any statutory enactments, it is desirable also to include a stipulation reciting the restrictions of such statutes. "The said party of the second part agrees to employ only orderly, com- petent and skillful men to do the work; and that whenever the engineer shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the same without the engineer's written consent." The following extract from one of the specifications of the United States' Reclamation Service is an example of the restrictions which it may be necessary to introduce in certain contracts : "In all construction work eight hours shall constitute a day's work and no Mongolian labor shall be employed thereon. The importation of foreign- ers and laborers under contract to perform labor in the United States or the Territories or the District of Columbia is prohibited. (Sec. 3738, Rev. Stat. U. S. Acts: Aug. 1, 1892, 27 Stat. L, 340; June 17, 1902, Sec. 4, 32 Stat. L, 388; Feb. 26, 1885, 23 Stat. L., 332; and Feb. 23, 1887, 24 Stat. L., 414.) In the performance of this contract no persons shall be employed who are un- dergoing sentences of imprisonment at hard labor imposed by courts of the several States, Territories or municipalities having criminal jurisdiction. (Executive order, May 18, 1905.)" C. Losses and Damages. — It is also desirable that a clear under- standing shall exist as to who is to bear the expense due to casualties or to losses due to the action of the elements or expenses incurred from other unforeseen conditions or contingencies which may increase the: cost of the work. These conditions are usually controlled to a greater or less extent by the skill, care and methods used by the contractor. For this reason he is usually required to bear the expense of the same. General Conditions of the Contract 197 "All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the same or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, or from any casualty whatsoever of every description, shall be sustained and borne by the contractor at his own cost and expense." D. Protection of Finished or Partially Finished Work. — It is com- monly desirable for the liability for the care of wholly or partially finished v^ork to remain in the contractor until the entire completion of the contract, and he shall not be relieved in this matter on account of estimates or payments made on such work. "The contractor shall take all necessary precautions to protect all work done, or material furnished under this agreement, from injury by action of the elements or by the process of construction; he shall also take proper means to protect adjacent or adjoining property or property in any way en- countered or which might be injured by the process of construction to be taken under this agreement." "The contractor shall properly guard and protect all finished or par- tially finished work, and shall be responsible for the same until the entire contract is completed and accepted by the engineer. Estimate of partial payment on work so completed shall not release the said contractor from such responsibilty but he shall turn over the entire work in full accordance with the specifications before final settlement shall be made." "The contractor shall take all necessary precautions to protect all work done or material furnished under this agreement from injury by the action of the elements or the processes of construction, and on completion of the contract shall turn over the same and every part thereof in full accordance with these specifications." E. Hindrances and Delays. — Various unexpected hindrances and delays during the process of construction may add considerable to the expense of the work. The contractor is commonly required to sus- tain such extra expense without extra compensation. In writing such stipulation, care must be exercised to see that no injustice or unneces- sary hardship is placed on the contractor. "No charge shall be made by the contractor for hindrances or delays from any cause (except where work is stopped by order of the parties of the first part) during the progress of any portion of the work embraced in this contract, but such delays may entitle him to an extension of time, allowed for completing the work, sufficient to compensate for the detention; the amount of the detention to be determined by the engineer, provided the contractor shall give the engineer immediate notice in writing of the cause of such detention. In case said work shall be stopped by the act of the party of the first part, then such expense as in the judgment of the engineer is caused by such stopping of said work, other than the legal cost of carry- 1 98 Notes on Contracts and Specifications ing on the contract, shall be paid by the party of the first part to the party of the second part. "The reserve the right of suspending the whole or any part of the work contracted to be done when they shall deem it for the in- terests of the City of so to do, without compensation for loss to the contractor for such suspension other than extending the time of com- pleting the work as much as it may have been delayed by such suspension; and if the said work shall be delayed for the reason that the parties of the first part do not own or have not obtained possession of land on which same is to be performed, then and in that case and every such case, the party of the second part shall be entitled to so much additional time wherein to pier- form and complete this contract on his part as the engineer shall certify in writing to be just, but no allowance by way of damages shall be made for such delay. Neither an extension of time for any reason beyond that fixed herein for the completion nor the doing and acceptance of any part of the work called for by this contract, shall be deemed to be a waiver by the said commissioners of the right to abrogate this contract for abandonment or delay, in the manner provided for in the paragraph marked .... in thi& agreement." F. Defects^ and Their Remedies. — (Work and material.) Work and material furnished on a contract must be fully in accordance with the agreement and specifications. W^ork that has been done and is not of the quality required by a reasonable interpretation of the specifica- tions should be torn down or removed and rebuilt in accordance with the requirements. If the same materials when brought on the site of the work are not found satisfactory and in full accordance with the agreement and specifications, they should be removed at once so that they may not be used in the work either by mistake or when the engineer is not aware of such use. A stipulation to this affect in the agreement is therefore adviasble. "And it is further agreed that if the work or any part thereof, or any material brought on the ground for use in the work, or selected for the same, shall be deemed by the engineer as unsuitable, or not in conformity with the specifications, the contractor shall forthwith remove such material and rebuild or otherwise remedy such work in accordance with the direc- tions of the engineer." G. Construction Plant. — Agreements are usually made with con- tractors for certain classes of work on account of their experience in such work and on account of their possession of necessary tools, ma- chinery and plant for the construction of the work in question. The agreement should therefore include a stipulation providing that the con- tractor shall furnish the necessary tools, machinery, equipment and General Conditions of the Contract 1 99 plant for the construction of the work to be done under the agreement, unless such tools, machinery, equipment, and plant are to be furnished by the party of the first part. "The party of the second part shall provide all labor, tools and machin- ery and material necessary in the prosecution and completion of this con- tract where it is not otherwise specially provided that the party of the first part shall furnish the same, and it is also to be understood that the party of the first part shall not be held responsible for the care or protection of any material, tools or machinery or for any part of the work until it is finally completed and accepted. "The said contractor shall furnish the necessary scaffolding, ways and all necessary means and conveniences for the transfer of the material to its proper place, and for its erection; and it is also to be understood that the party of the first part shall not be held responsible for the care or protection of any material or part of the work until its final acceptance." § g. Police and Sanitary Regulations. — Certain restrictions are usually desirable in order to enforce satisfactory police and sanitary conditions and to prevent trouble from the use of intoxicants on the work. The latter is especially essential when the work to be done is isolated from communities where liquor is sold under license. A. Sanitation. "Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and main- tained by the contractor in such manner and at such points as shall be ap- proved by the engineer, and their use shall be strictly enforced. "The chief engineer may establish sanitary and police rules and regula- tions for all forces employed under this contract; and if the contractor fails to enforce these rules, the engineer may enforce them at the expense of the contractor." B. Intoxicants. "The contractor shall neither permit nor suffer the introduction or use of spirituous liquors upon or about the works embraced in this contract or upon any grounds occupied by him, "The use or sale of intoxicating liquor is absolutely prohibited on the work except under the direction and supervision of the engineer, and then only for medicinal purposes." C. Contractor's Buildings. "The building of structures for housing men, or the erection of tents or other forms of protection will be permitted only at such places as the engi- neer shall provide, and the sanitary condition of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the engineer." CHAPTER XIII TECHNICAL SPECIFICATIONS § I. Breadth of Knowledge Necessary. — Engineering specifi- cations may cover almost any phase of industrial activity, and it is ob- vious that no individual can, from his experience and immediate knowledge, be prepared to write suitable specifications for all of the multitude of engineering and architectural works, machines, materials and processes for which such specifications are sometimes needed. Even where the specifications are for matters within the experience and knowledge of the individual, and even though he has frequently prepared similar papers, the difference in conditions, the advances in the art, the improvements in methods, and the special economies possible, usually require thoughtful preparation and a readjustment of the ideas that have previously been embodied in such papers. In almost every important work, new conditions and new require- ments may involve detailed methods not fully familiar or possibly even quite unfamiliar to the engineer in charge, and he is obliged to pre- pare a specification for an object or result somewhat beyond his ex- perience. In all cases, and particularly in the case last mentioned, the engi- neer must know either by experience or by investigation, the nature of the material and processes best adapted to the particular case at hand, and the limitations and restrictions that it is desirable and com- mercially possible or practicable to specify for the guidance in fur- nishing the material and doing the work of construction. Every source of information should be utilized, and even these will often be found too limited for his full information. § 2. Detailed Information Needed. — In the preparation of tech- nical specifications, it is essential that the engineer should possess a comprehensive and detailed knowledge of : First. The qualities and characteristics of the various materials to be used and the practicable limits to which the qualities necessary for the work in question should be restricted. Second. The usual and practicable methods of performing the work to be done in such a manner that it will be completed without Technical Specifications 201 unnecessary expense and in a manner satisfactory for the purpose which it is to fulfill. Both requirements presuppose a somewhat broad and complete knowledge of the material and processes considered. Such a knowl- edge is acquired only by extended study, observation and experience, and is not usually possessed by the young engineer or by an engineer who has been called upon to undertake work in lines somewhat differ- ent from his previous practice. In such cases, systematic study, in- cluding observation and investigation, can only partially take the place of the knowledge gained by experience, and without systematic study such specifications cannot be properly prepared. In many cases, experience is absolutely necessary, for the necessary requirements which should be included in correct specifications are not always suffi- ciently elaborated in available technical papers or books, nor is it al- ways practicable to obtain a sufficient knowledge of the same through limited observation and investigation. Third. The ability to designate in detail the composition or ele- ments of the material or processes and the methods to be used for their proper production and utilization or the ability to design in de- tail the structure, machine or plant contemplated. Fourth. A knowledge of the methods ordinarily employed by the mechanics or operatives in the manufacture of the product or machine and in the construction and operation or maintenance of the plant or structure. Fifth. The experience which will foresee the necessary materials and methods to be employed, difficulties to be overcome, and contin- gencies to be met in the work. The more complete the knowledge of the subject, the better the specification, provided the engineer has the ability to express his knowledge in clear and exact language. No engineer can evolve from his inner consciousness adequate specifications for engineering work; and even after extended exper- ience, the intelligent engineer will frequently find ways in which his specifications can be materially improved. Extended study, observa- tion and investigation must therefore precede the preparation of any specification, and especially in lines which are new to their writer. § 3. Outline. — The detailed requirements of the specifications for even a single fundamental material or process are seldom so sim- ple that they can be clearly kept in mind for the purpose of specifica- 202 Notes on Contracts and Specifications tion writing without danger of serious omissions. In the preparation of specifications for engineering and architectural works, the materials are so many, the processes so numerous, and the various parts and divisions are so manifold that some material, process or part is apt to be overlooked and omitted unless special precautions are observed. Reliance on the memory to retain all these matters is inexpedient,. as most engineers have experienced to their great embarrassment. From similar experiences, the author was led to adopt the analytical method here outlined, which he has used w4th satisfaction in his prac- tice for almost thirty years. The general plan to be pursued in the preparation of these out- lines is to carefully divide the work to be done into its various ele- ments, and to set down in detail all materials and processes which must be included, still further subdividing and analyzing the essential features or requirements of each. In the cases of fundamental ma- terial or processes, the qualities or operations that should be limite.d or controlled should be similarly differentiated, classified and outlined. The engineer should keep his note book constantly at hand when considering an improvement, whether in the office, the field, or the drafting room, and carefully note such points as he desires to intro- duce in the completed work, and embody such points in his outline and .specifications. The purpose of the analysis suggested is to arrange in a logical order the detailed subject matter for any given specification, covering in each case completely, or as nearly as practicable, the entire subject to be considered. In general such an outline should include all items that should ordinarily be embraced in a specification for similar ma- terial, process or work. The outlines should be sufficiently complete to cover all ordinary conditions and requirements and in their use they should be carefully scrutinized to see that they include every item necessary for each particular case. With this analytical method of specification writing, collections of specifications of able engineers on various important works are of great value as suggestions, and will greatly facilitate the preparation of such outlines. A careful analysis of the work to be done or material to be fur- nished under any contract, is essential to rapid, accurate and suc- cessful specification writing. In the actual writing of specifications, all of the items in a com- plete outline will seldom be used for the particular work in hand, and Technical Specifications 203 often a brief memoranda may embrace all that it is essential or de- sirable to mention. In practice, for each particular piece of work for which specifi- cations are to be prepared, a special outline in logical order may be first drawn up in which should be included all items necessary for the particular work. From a correct outline of this kind the specifications can be drawn with little chance of omission of important matters. After a correct outline is drawn, the specifications under each heading may be written, or clauses from such other specifications as the engineer desires to use as models, may be used so far as they apply to the work in hand. It is essential, however, that their bearing should be carefully scrutinized, and no specifications should be introduced which do not distinctly apply to the work in question.^ § 4. The Use of Published Specifications. — In the preparation of technical specifications on lines that differ somewhat from those embraced in the experience of their engineer, the usual method has been to select as a basis for the new specifications, similar specifica- tions which have been used on other more or less similar work, and which are judged by the engineer to be satisfactory. An intelligent study and analysis of specifications which have already been prepared for similar work, especially where the exper- ience of their author renders them authoritative, is of great value and importance. There is no better source of information than well prepared speci- fications nor a better method of study than by a comparison of the practice of a number of experienced engineers as expressed by their specifications, and no better method of preparation than the adoption of well considered phrases and entire clauses that are really applicable to the case at hand. The error which commonly follows this practice lies in the abuse of such a method, and such errors can be overcome and this means of acquiring information utilized to advantage only by a full and careful analysis and comprehensive study of the subject.. There is no way of accomplishing the object sought without hard and unremitting study, and investigation and professional success are de- 1 Similar outlines to those suggested are published: 1st. In Sweet's Catalogue of Building Construction. (See checking list for specifications and estimates.) 2d. In The Engineering Catalogues and Specification Digest, issued by the Engineering Magazine. (See Specification Digest.) 204 Notes on Contracts and Specifications pendent on an appreciation of these requirements no less than on other professional knowledge and experience. The rewriting of a well prepared clause which clearly and defin- itely specifies the qualities or limitations desired in order to simply effect originality is not advocated. Originality in specification writ- ing is not a desirable object. In most cases the more original a spec- ification is, the poorer it is. Well established precedent is a safe guide to follow^, especially when proceeding beyond the domain of per- sonal experience, but it is essential to determine that a precedent is zvcll established and is a proper precedent for the condition at hand. In selecting for use specifications prepared by others, they should be modified as the conditions demand. This metliod has given and will give good results by careful discrimination and intelligent study, but it too often degenerates into simply copying with slight changes, the clauses prepared in previously executed work, the importance of which frequently differs from the work on hand and the conditions of which often vary largely from the work for which the new specifica- tions are to be used. To prepare a good specification will therefore require much more than even the judicious copying of other specifi- cations. A well and properly written specification will seldom apply in detail to other than the work for which it is prepared, and the use of such specifications on entirely different work under radically different conditions and without careful initial study and, consideration of their application in detail, can lead only to unsatisfactory results and is inexcusable. The unintelligent copying of such specifications should be studiously avoided. Such a method of preparation, which is alto- gether too common, is apt to bring embarrassment and shame on those who follow it. If the engineer is in too much of a hurry or is too indolent to study his subject and to properly inform himself, he is quite sure to copy those clauses which he does not understand, as such clauses will appeal to him as possibly highly essential for the perfection of his specifications, while frequently they will have no bearing whatever on his particular case, and the introduction of a clause not pertinent to the object at hand is a notice to contractors and manufacturers that their author is ignorant of his subject. In the careless use of this method of preparing specifications, cer- tain specifications are often selected only because they have been used Technical Specifications 205 on important work in other places and have to the unsophisticated engineer, a learned sound and not because there is any necessity for their introduction for the particular work in question. In this manner certain specifications are sometimes copied and recopied until they have lost any shade of meaning; and in other cases, specifications are copied which may have no application whatever to the case in hand. While the insertion of useless specifications is objectionable, inas- much as they display ignorance of their writer in regard to the work at hand, yet they are ordinarily meaningless and their insertion is not so serious as the omission of important specifications, which is per- haps a still more common occurrence. Among the dangers of copying a specification is that the specifica- tion is often incomplete unless the drawing of the work, which is an integral part of the same, is also considered. Dimensions shown on the drawings are seldom repeated in the specifications ; hence if the specifications are carelessly copied, without due consideration, they may be considered as complete in themselves, where such is not the case. Take, for example, the following clause for a pavement : "Upon this sand cushion shall be laid a pavement of asphalt blocks. The blocks shall be i" in width and 12" in length." It will be noted that the depth of the block is not mentioned, such depth being doubtlessly shown on the drawing to which the specifica- tions refer. § 5. Simple Specifications. — In the performance of the simpler forms of labor, and in the purchase of the simpler materials or sup- plies, and . even of simpler and smaller machines which have become standard, the necessary specifications are often of the simplest kind. Simple specifications may require only a plain and exact statement of the conditions that exist and the general nature of the machine or structure required to satisfy those conditions. Such specifications re- quire no elaborate special knowledge in their preparation, but such knowledge may be required when bids are received in order that an intelligent choice may be made as to the manner and method in which they will be best fulfilled. The preparation of such specifications do require a complete com- prehension of the conditions and the ability to outline them clearly and completely, so that manufacturers or contractors will know how the requirements are to be met. 206 Notes on Contracts and Specifications In order to permit of competition in matters wherein certain methods or details are controlled by or are peculiar to certain indi- viduals or firms, the specification must be left open and should require that the proposal be accompanied by manufacturers' or proprietors' specifications, defining. in detail the material, machinery or construc- tion which it is proposed to furnish under a specific bid. In all cases, where the specfications are only general in character, the contractor may be required to furnish the detailed specifications and perhaps detailed plans with his bid, describing and showing therein the special details he proposes to furnish. Such specifications are usually requested under some general specifications, as follows : "The contractor shall furnish specifications describing in detail the char- acter of the work and material to be furnished by him under this contract. Such specifications, when accepted by the party of the first part and attached herein, shall be marked 'Exhibit ...,' and shall constitute an essential part hereof, and the work furnished hereunder must strictly conform thereto." § 6. Detailed Specifications. — As the construction becomes more elaborate and details increase, it becomes more and more essential that the specifications be complete and in detail, for with the increase in details comes also greater uncertainty in regard to the character of the material and the methods of construction which may be used. The specifications are intended to fix these details beyond question, and to confine the character of the materials, workmanship and design within necessary limits. The preparation of such specifications requires an extensive tech- nical knowledge of materials, processes, designs and construction, in- cluding a knowledge and appreciation of commercial conditions and limitations which may influence the cost and efficiency of the results desired. In some cases where detailed plans and specifications are sup- plied, it may also be desirable to ask manufacturers or expert con- tractors having special experience, to submit bids not only on the engineers' plans and specifications but also on special plans and spec- ifications, embodying their own ideas and practice. § 7. Modifications of Requirements. — In the preparation of spec- ifications, especially for public work, it is important that provisions should be made for such modifications in the methods which are to be pursued and the materials that are to be used as are likely to be re- quired, as any modification by the engineer in the strict requirements of the specifications are apt to subject him to severe although possibly Technical Specifications 207 unwarranted criticism. For example : in the specifications for con- crete or for placing the same (see page 251), it is desirable if there is any chance that modifications in the character of the mixtnre or pro- cess will be desirable, to provide in the specifications for such modifi- cations and for the less or greater compensation to the contractor for the amount of work in which such modifications are made. The same rule should, of course, apply to all other materials and work in which modifications may become necessary. § 8. The Use of Standard Materials and Methods. — Specifica- tions not only bind the contractor to perform his work in a certain manner, and to furnish material of a certain grade, but they also greatly influence the cost of the work and material so furnished. In ordinary practice it is desirable to specify only such character of ma- chines, material, supplies or methods as may be found on the market and in general use. Unusual characteristics, modifications of stand- ard machines, and the introduction of new methods, should be speci- fied only when such unusual requirements are clearly needed to secure the best results and after an investigation has clearly shown that the additional expense involved is commensurate with the better results to be obtained. Neither the best nor the cheapest is uniformly desirable or ap- plicable, and the ideal quality for the specific conditions in immediate question should be the aim in each case. Unnecessary recjuirements and restrictions as to the quality or character of material and supplies or of unusual methods of construction will add unnecessarily to the expense involved and are a serious error. Such specifications are only too common and frequently result in unwarranted expense, serious trouble and sometimes in legal complications. § 9. Influence of Specifications on Material and Methods. — While it is largely true, especially in small works, that the eng'ineer must use these materials, products and methods which are usual and available and have the endorsement of common usage, it is also true that all such commercial products are slowly but surely modified and shaped by the demands of the best practice. The manufacturer who offers a material or a machine which is not up to standard require- ments, must sell to the ignorant or to others at a considerable disad- vantage, for a reduction in price for an inferior article may sometimes •compensate for lack of a higher degree of perfection. If a machine or material is found more or less unsuited for the purpose for which it 208 Notes on Contracts and Specifications is used, and that purpose is of importance, its users will soon demand such changes in its qualities as will make it more satisfactory ; and the engineer in charge of the designs, dependent upon its use, or of the plants in which it may be needed as a necessary supply, should investigate its quality, see in what ways it may be improved and pre- pare specifications which will bring about the required improvements. Such improvements can be brought about only by expert investigation and a full knowledge of the subject; and the specifications must be made along practicable lines. The Altoona laboratories of the Pennsylvania Railroad are de- voted to such work, and the investigation and specifications, and the resulting betterments in materials and supplies furnished to that com- pany are examples of the best practice in specification writing.- § 10. Responsibility. — The more general the specifications, the greater the degree of responsibility which the contractor should be re- quired to accept. As the details are defined by the specifications, the contractor's responsibility must of necessity decrease, for neither morally nor legally can a man be held responsible for results which are entirely beyond his control. In fixing responsibility by means of tests and guarantees, the item of the expense involved must be carefully noted, for, especially in smaller contracts, such requirements sometimes involve a consid- erable extra expense. It is frequently better to purchase a standard article from a manu- facturer of known repute, from whom the engineer is aware he can secure a machine which will give certain well-known results, than to purchase a similar article under unusual guarantee from unknown parties and then forego the test on account of the expense involved. Responsible manufacturers frequently refuse guarantees on small contracts unless the tests are made at their own factories, or unless the expense of such a test is covered by an additional compensation to meet the cost of making them. The contractor should always be held responsible for the class of workmanship and material desired, and his responsibility in these matters should be carefully covered in the specifications. - The Influence of Specifications on Commercial Products, by C. D. Dud- ley. Address Am. Soc. for Testing ^Materials, 1904. See Eng. News. Vol. 51^ p. .592. Technical Specifications 209 § II. Standard Specifications. — \ arioiis technical societies and associations have from time to time adopted "standard specifications" for certain materals, processes and structures. In general, such spec- ifications have received the careful consideration of experts who have had much experience in the manufacture and use of the material and are the result of a very free and full discussion of the various prac- ticable requirements of such nianufacture and use. When such spec- ifications are available for a material to be used in construction, their adoption by the engineer seems to be desirable unless the peculiar conditions of the case in hand make changes in the requirements es- sential. The standard specification and its requirements are usually widely known to manufacturers and contractors, and the cost of the material, as subject to such specification, is readily determined. Requirements more severe or radically different from a well estab- lished standard may seriously affect and render uncertain the prices which may be demanded. Departure from such standards should therefore be made with care and only for good and sufficient rea- sons. As such specifications are often well known and widely published, it is seldom necessary to embody them in detail in the specifications prepared by the engineer, but they may be made a part of such specifi- cation by distinct references. Such specifications are : Specifications for Portland cement, adopted by the American So- ciety of Civil Engineers. Specifications for underwriters' fire hose, adopted by the Associ- ated Factory Mutual Fire Insurance Companies. Specifications for structural steel, as adopted by the Steel Manu- facturers' Association. Other references to similar specifications will be found in the Bibliography at the end of this volume. With the development of the arts and the experience of time, these specifications are changed, and in referring to them the date of the adoption of the specifications should always be given. Such specifi- cations may be introduced into the contract by a reference as follows : "The material or work to be furnished under this contract shall be in strict accordance with the specifications for Structural Steel, adopted by the Steel Manufacturers' Association of (date), and which are hereby made a part hereof." 2 1 Notes on Contracts and Specifications § 12. Definite Re(^uirements. — In the preparation of specifica- tions for materials, processes, machinery or works with which the engineer is more or less unfamiliar, there is always a tendency to cover ignorance by indefinite requirements. Indefinite specifications should, wherever possible, be carefully excluded from all specifications, and from machinery specifications in particular. If it is essential to specify limiting stresses in machine parts, then the limits should be specified in exact language, and they should not be specified to be "ample" or "sufficient." Such specifica- tions are valueless for they leave the matter wide open for irrespon- sible manufacturers to do improper work, and trust to the ignorance of the engineer to pass it on inspection, while with reputable makers such clauses are wholly unnecessary. , The question as to what the terms ''ample," ''sufficient," etc., are intended to cover, must finally be decided if the machine is to be accepted or rejected on such a basis, and it will greatly aid in the clearness of the specifications if such questions are decided in the first place and the exact requirements inserted in place of the indefinite ones. General specifications in regard to workmanship must, from their nature, necessarily be somewhat inexact and indefinite, but when such clauses must be used they should be as carefully defined as pos- sible. When necessary such clauses may be embodied in the specifi- cations and defined by a specification somewdiat as foUow^s : "Whenever on account of the nature of the workmanship or material to be furnished, the specifications defining the same are, from the nature of such work or material, inexact or indefinite, and are specified to be 'first- class,' or 'satisfactory,' or by other terms in which the judgment of the in- dividual may vary, then and in that event, the engineer shall be the sole judge of the fulfillment of the same." Such a clause should, however, be used with care, as few con- tractors or manufacturers care to put themselves into the hands of an inexperienced or incompetent party. § 13. Fundamental Elements of Specifications. — Fundamental materials and processes are first introduced in the discussion of spe- cifications not on account of their simplicity but on account of the fact that engineering or architectural work is made up of a series of such elements, and proper specifications of fundamental materials, supplies and processes, united together in a complete and consistent whole, will constitute a correct technical description of the contract re- quirements. Technical Specifications 21 1 There are in fact no specifications more difificult to prepare than those for fundamental materials and processes. Their accurate prep- aration necessitates a complete and definite knowledge of elementary details not commonly possessed by any except those who have given the subject extensive study. As the various materials and processes are so numerous, a detailed knowledge of their practicable limitations and the extent to which their qualifications should be modified and controlled in a specification is not the common knowledge of the engi- neer. As with every other subject, so in specification wTiting, it is much easier to deal with generalities in more or less vague and meaningless phrases and to finally limit the so-called specification by the require- ment that the material or process shall be furnished or done to the complete satisfaction of the engineer. The engineer may not, and frequently does not know with just what details he will be satisfied. The matter is often uncertain in his own mind and he relies on the chances of his ascertaining by study or through professional inspira- tion the limitations which will permit him to pass upon the matter with possible credit when the emergency for a necessary decision arises. The contractor^ on his part, takes the chance on the proba- bility that the engineer will be satisfied with reasonable requirements. Where the material or process required is only a small portion of the complete construction, the specifications need not be elaborate, and the requirement that it be "satisfactory" may be a reasonable one. Where, however, the material constitutes a large and important part of a contract, it is highly desirable and essential to good practice that the specifications be reasonably definite and complete, and the chem- ical or physical qualities or test requirements be so completely speci- fied as to leave no doubt in the minds of either party as to what is re- quired. The simple name of a material is usually quite insufficient as a basis for a bid or contract unless it be accompanied by a previous in- spection by a party conversant wnth the needs to which it is to be ap- plied. No material is so pure, unadulterated or uniform in quality that its name carries with it and assures the possession of the necessar>^ qualifications for the purpose for w^hich it is to be used. Every ma- terial has more or less impurities besides the basic material signified by its name, and no alloy is sufficiently described, as to constituents, 212 Notes on Contracts and Specifications by the commercial name ordinarily applied' to it. Iron and steel range widely in characteristics in accordance with the variation in the con- stitutional elements and the processes used in their production, and certain limitations and requirements must be specified whenever the most common and ordinary forms of these materials are not sufficient for the purposes to which they are to be applied. Brasses, bronzes and other alloys vary widely in dieir composition and consequent char- acter, and while practice frequently places a certain limit or range to the composition designated by a certain name, it will seldom if ever so closely define that composition as to render unnecessary a detailed specification. The important work of the Pennsylvania testing laboratory at Altoona is devoted largely to specifications for materials, and thie amount of labor involved and time necessary for their adequate prep- aration are very great. Almost the entire activities of the American Society for Testing Materials are devoted to the questions of specifi- cations for materials. The uncertainties resulting from inadequate specifications are well illustrated by a case recently tried in an Eastern court. A com- pany placed an order with a steel foundry company as follows : "Six tray lips, pattern A — 1044. These lips are to be of vanadium cast steel 0.35 to 0,45 carbon annealed. Care should be taken that the metal in the cutting edges is solid and of the best quality." These castings when received and upon use were very unsatisfac- tory. Some broke within a few hours and all broke within a com- paratively short time under less service than some of the ordinary open hearth tray lips previously used. Payment for the lips was refused, and suit entered during the testimony developed as follows :^ "The superintendent of the steel foundry testified that 6I/2 Ihs. vanadium (alloy about one-third pure) was placed in each pot of 1,600 lbs. steel, which would amount to from 0.15 per cent to 0.16 per cent (calculation shows 0.1354 per cent) ; that vanadium put into castings varies from 0.05 per cent to 0.15 per cent, sometimes higher if it is ordered higher ; also that the amount of ferrovanadium lost in the melt varies a good deal with the temperature of the steel, from noth- ing up to one-half of one per cent A chemist stated that he found the vanadium content of the castings to be 0.03 per cent and 0.04 per 3 Eng. News, Vol. 74, pp. 946-7. Technical Specifications 2 1 3 cent ; carbon content, 0.375 P^^ cent and 0.384 per cent. A metallur- gist stated that the addition of 61/2 lbs. of ferrovanadium (331/3 per cent vanadium) to 1,600 lbs. of steel would be equivalent in round numbers to 0.14 per cent vanadium, and that there would be at least 20 per cent, and possibly 30 per cent, of that lost. The result would be about o.io per cent vanadium remaining in the steel. He stated further that there is a recognized 'standard vanadium steel' not less than 0.15 per cent of vanadium, and that castings containing only 0.03 per cent and c.04 per cent would not be castings of 'standard vanadium steel,' and that the two castings in question showed numer- ous gas cavities and blowholes. Three other witnesses testified that after the castings were broken they observed numerous holes. "Notwithstanding the foregoing testimony as to the vanadium content and defects of the castings, a decision was given for the plaintiff." It is evident from the above, and from numerous other instances, that might be cited, that a simple name is rarely a sufficient specifica- tion for any fundamental element, be it material or process ; and it is therefore necessary to prepare a specification in which the limiting qualifications shall be given which will assure a material or process fully satisfactory for uses and purposes for which it is to be used. CHAPTER XIV SPECiFiCATioxs FOR fuxda:mextal .AIATERIAL AXD SUPPLIES § I. Investigation of Materials. — In preparing specifications for materials or other fundamental elements of construction, the engineer is cautioned against the unintelligent copying of similar specifications prepared by others for other and possibly quite different conditions. The engineer is advised when preparing such specifications to in- vestigate thoroughly and in detail the materials or other elements which are to be used^ before specifications for the same are prepared. The investigation should include such of the following factors as may be pertinent : 1. Occurrence. 2. Properties. 3. Use or application. 4. Processes of manufacture. 5. Manufacturers, dealers, etc. 6. Methods of use. 7. Current prices. 8. Reference to sources of information. (See ''X^otes on Aluminum"" page 218.) § 2. Further Considerations. — The engineer should also con- sider and determine what properties should be limited, and the com- mercial limitations which should be specified. The limitations im- posed should not exceed practicable limits, and should be only those reasonably desirable or actually essential for the purpose in view. Such information is often contained in the discussion of technical societies, in technical journals, in reference books and special treat- ises, and in specifications prepared for similar purposes. On unfa- miliar subjects, such limitations should usually be determined from more than a single source. X^'ot all of the qualities or characteristics of a material are to be described in the specifications but only such as may so vary in the commercial product as to render the material unsuited for the pur- pose for which it is to be used. A knowledge of such limitations is Specifications for Materials and Supplies 2 1 5 not common to engineers but is usually possessed only by those who are familiar with the material in a practical w^ay. After a material is in such general and common use and is of such great importance that its necessary limiting qualities have received much attention and have been discussed before technical societies and in the technical press, often in such cases the engineer unfamiliar with its detailed use can, by study and investigation, ascertain the necessary limitations with sufficient exactness for the purpose of specification writing. In other cases, a material may have a more or less local character or may be in the process of change, and the desirable or practical limiting characteristics may be more difficult to determine and spe- cify. An investigation of the material, inquiring of those parties familiar with its production and use, will usually give the required information. It is in general undesirable and impracticable to uniformly re- quire the best of every material, for such requests may involve need- less and great expense. The material should have the qualities needed for the place and under the circumstances in which it is to be used, no greater or no less. A greater requirement involves useless ex- pense ; a less requirement involves improper materials. § 3. Further Procedure. — After the investigation is completed, an outline should be prepared of the special requirements necessary for the specific uses for which the material or element is needed (see Chapter XV, Section 3 and analyses for ''Aluminum Wire," page 221)^ after w^hich the specifications can then be prepared. In the preparation of such specifications, it is equally important :. First: To include all requirements of quality or workmanship needed to secure the results desired, and Second: To omit any imnecessary requirements or restrictions, either of quality or workmanship, in order to avoid unnecessary ex- pense. The system, if carefully carried out. will result in the thoughtful consideration and preparation of specifications, w^hich is essential for the best results, and will eliminate the thoughtless copying of errone- ous specifications. When a set of specifications has once been pre- pared in this way. the notes should be retained for future reference and can occasionally be brought up to date. It wdll be necessary to repeat this process w-ith each rewriting of similar specifications ; and after wide experience with certain materials or elements, even refer- 216 Notes on Contracts and Specifications ence to the notes may become unnecessary. The same system can, however, be used to advantage whenever the practicing engineer is called upon to prepare specifications for material or elements of con- struction, concerning which his experience is limited. § 4. Conclusions of Dr. Dudley. — Dr. Chas. B. Dudley, in his Presidential address to the American Society for Testing Materials, at its annual meeting in 1903, summarizes his conclusions in regard to the making of specifications for materials as follows : 1. "A specification for material should contain the fewest possible re- strictions, consistent with obtaining the material desired. 2. "The service which the material is to perform, in connection with reasonably feasible possibilities in its manufacture, should determine the limitations of a specification. 3. "All parties whose interests are affected by a specification should have a voice in its preparation. 4. "The one who finally puts the wording of the specification into shape, should avoid making it a place to show how much he knows, as well as a mental attitude of favor or antagonism to any of the parties affected by it. ' 5. "Excessively severe limitations in a specification are suicidal. They lead to constant demands for concessions, which must be made if the work is to be kept going, or to more or less successful efforts of evasion. Better a few moderate requirements rigidly enforced, than a mass of excessive limitations, which are difficult of enforcement, and which lead to constant friction and sometimes to deception. 6. "There is no real reason why a specification should not x?ontain limitations derived from any source of knowledge. If the limitations shown by physical test are sufficient to define the necessary qualities of the ma- terial, and this test is simplest and easiest made, the specifications may reasonably be confined to this. If a chemical analysis or a microscopic ex- amination, or a statement of the method of manufacture, or information from all four, or even other sources, are found useful or valuable in defining limitations, or in deciding upon the quality of material furnished, there is no legitimate reason why such information should not appear in the specifi- cations. Neither the producer nor the consumer has a right to arrogate to himself the exclusive right to use information from any source. 7. "Proprietary articles and commercial products made by processes under the control of the manufacturer cannot, from the nature of the case, be made the subject of specifications. The very idea of a specification in- volves the existence of a mass of common knowledge in regard to any ma- terial, which knowledge is more or less available to both producer and con- sumer. If the manufacturer or producer has opportunities, which are not available to the consumer, of knowing how the variation of certain constitu- ents in his product will affect that product during manufacture, so also does the consumer, if he is philosophic and is a student, have opportunities not available to the producer, of knowing how the same variation of con- Specifications for Materials and Supplies 2 1 7 stituents in the product will affect that product in service, and it is only by the two working together, and combining the special knowledge which each has, that a really valuable specification can be made, 8. "A complete workable specification should contain the information needed by all those who must necessarily use it, in obtaining the material desired. On railroads this may involve the purchasing agent, the manu- facturer, the inspector, the engineer of tests, the chemist, and those who use the material. A general specification may be limited to describing the prop- erties of the material, the method of sampling, the amount covered by one sample, and such descriptions of the tests as will prevent doubt or ambiguity. 9. "Where methods of testing or analysis or inspection are well known and understood it is sufficient if the specification simply refers to them. Where new or unusual tests are required, or where different well-known methods give different results, it is essential to embody in the specification, sufficient description to prevent doubt or ambiguity. 10. "The sample for test representing a shipment of material should always be taken at random by a representative of the consumer. 11. "The amount of material represented by one sample can best be de- cided by the nature of the material, its importance, and its probable uni- formity, as affected by its method of manufacture. No universal rule can be given. 12. "The purchaser has a right to assume that every bit of the material making up a shipment, meets the requirements of the specification, since that is what he contracted for and expects to pay for. It should make very little difference, therefore, what part of the shipment the sample comes from, or how it is taken. Average samples made up of a number of sub- samples, are only excusable when the limits of the specification are so nar- row that they do not cover the ordinary irregularities of good practice in manufacture. 13. "Retests of material that has once failed should only be asked for under extraordinary conditions, and should be granted even more rarely than they are asked for, errors in the tests of course excepted. 14. "Simple fairness requires that when it is desired that material once fairly rejected should nevertheless be used, some concession in price should be made. 15. "Where commercial transactions are between honorable people, there is no real necessity for marking rejected material, to prevent its being of- fered a second time. If it has failed once, it will probably fail a second time, and if return freight is rigidly collected on returned shipments the risk of loss is greater than most shippers will care to incur. Moreover, it is so easy for the consumer to put an inconspicuous private mark on rejected material, that it is believed few will care to incur the probable loss of busi- ness that will result from the detection of an effort to dispose of a rejected shipment by offering it a second time. 16. "All specifications in actual practical daily use need revision from time to time, as new information is obtained, due to progress in knowledge, changes in methods of manufacture, and changes in the use of materials. 218 Notes on Contracts and Specifications A new specification, that is one for a material which has hitherto been bought on the reputation of the makers and without any examination as tO' quality, will be fortunate if it does not require revision in from six to ten months, after it is first issued. 17. "In the enforcement of specifications, it is undoubtedly a breach of contract legitimately leading to a rejection, if the specified tests give results not wholly within the limits, and this is especially true if the limits are rea- sonably wide. But it must be remembered that no tests give the absolute truth, and where the results are near, but just outside the limit, the material may actually be all right. It seems to us better, therefore, to allow a small margin from the actual published limit, equal to the probable limit of error in the method of testing employed, and allow for this margin in the original limits, when the specifications are drawn. 18. "Many producers object to specifications on the ground that they are annoying and harrassing, and really serve no good purpose. It is to be feared that the complaint is just, in the cases of many unwisely drawn specifications. But it should be remembered that a good reasonable specifi- cation, carefully worked out, as the result of the combined effort of both producer and consumer, and which is rigidly enforced, is the best possible protection which the honest manufacturer can have against unfair competi- tion. 19. "Many consumers fear the effect of specifications on prices. Experi- ence sees to indicate that after a specification has passed what may be called the experimental stage, and is working smoothly, prices show a strong tend- ency to drop below figures prevailing before the specification was issued. 20. "A complete workable specification for material represents a very high order of work. It should combine within itself the harmonized antago- nistic interests of both the producer and the consumer, it should have the fewest possible requirements consistent with securing satisfactory material, should be so comprehensive as to leave no chance for ambiguity or doubt, and above all should embody within itself the results of the latest and best studies of the properties of the material which it covers." § 5. Example of Investigation. NOTES ON ALUMINUM— SYMBOL AL. Nature — Metal — Occurrence — Alumina, Al^O^, gives the characteristic qualities to Argillaceous rock formation of which the slates and shale are familiar examples. Physical Properties — Specific gravity — a. Cast, 2.55. b. Wire (conductors), 2.68. c. Rolled, 2.75. Relative specific gravity (compared with copper) wire, 0.30. Atomic weight, 27.1. Hardness (Moh's), 3. Melting point, 1157° F. commercial wire. Specifications for Materials and Supplies 2 1 9 Melting point, 1150' F. pure aluminum. Specific heat mean (0 to 100° C), 0.22. Thermal conductivity mean (0 to 100° C), 0.48. Coefficient of cubical expansion (0 to 100° C), .00007. Coefficient of linear expansion per deg. F., .0000127 wire. Coefficient of linear expansion per deg. C. .0000231 wire. Pure cast aluminum tensile strength about 18,000 #/sq. in. Tensile strength (wire), 20,000 to 35,000#/sq. in. Elastic limit — one-half ultimate strength. Modulus of elasticity, 7,500,000#/sq. in. Electrical Properties — Specific Resistance, 0° C. In microhmes per cm. cube, 2.6 to 3.0. In ohms per mil-foot, 15.6 to 18.0. Temperature coefficient per deg. C, 0.36 per cent. Relative conductivity (copper == 100), 62. Relative conductivity for equal size copper (soft copper = 1), .61 to .63. Relative weight for equal size of copper' (soft copper^ 1), 0.33. Relative weight for equal length and resistance of copper (soft copper = 1), 0.48. Notes on Properties — Aluminum is a white malleable metal of low specific gravity. On ac- count of its softness, it is for many purposes alloyed with iron, copper, tin or zinc. Its common impurities are silicon and iron. Under ordi- nary conditions aluminum may be considered as quite non-corrodible. It is affected, however, in the oxides of some atmospheres, namely, near salt water or where the air contains oxides of sulphur. Hydro- chloric acid is the best solvent, and strong solutions of caustic alka- lies readily dissolve it. Uses — Aluminum has large application for electrical conductors where insu- lated conductors are unnecessary. The increase in cost of insulating the larger aluminum wire, together with the difficulty in making sol- dered connections, has prevented its wide use as insulated conductors. Owing to the greater coefficient of expansion over that of copper, the sag allowed in stringing aluminum wire must be greater than that used in copper wire lines. It is common to make aluminum transmis- sion lines of cable formed of aluminum wires, around a core of high elastic limit steel, in order to do away with the excessive sag. In making castings under ordinary conditions, a shrinkage of 3/16 inch per foot should be allowed. Aluminum is very "hot short" just before solidifying in the mould. Alloys — Aluminum can be hardened and strengthened by a small quan- tity of copper. About o% of copper doubles the tensile strength and increases the specific gravity from 2.67 to 2.85. Rolled bronze bars made up of 907o copper and lO^c aluminum have tensile strength of 220 Notes on Contracts and Specifications 100,000# per square inch, elastic limit of 60,000# per square inch and elongation of 10%. Thermit Process of Welding — This process depends. upon the affinity existing between finely divided aluminum and iron oxide. When an intimate mixture of these ma- terials is ignited, the temperature raises to about 5400°, and white hot fused iron results. The chemical reaction of this process is Al + Fe O = Al O + Fe. 2 3 2 3 Aluminum is used in steel manufacture to prevent the retention of gases within the steel, and thus produce a solid ingot. It also increases the fluidity of steel and thus tends to produce sharper castings. Manufactured by The Aluminum Company of America, Pittsburg, Pa. Current Prices — Cable No. 0— in large quantities— (Dec. 1913) Steel Core.— 144.7# per 1,000 ft. 6 strands #1,327 B. & S. gauge, 18 cents per lb. Tie wire — No. 2, in smal quantities (1912), 25 cents per lb. Aluminum, tubing — iron pipe sizes (Jan. 9, 1914) : ^/^i" diameter, 58 cents per lb. %" diameter, 54 cents per lb. %" diameter, 48 cents per lb. ^" diameter, 48 cents per lb. %" diameter, 46 cents per lb. 1" diameter, 45 cents per lb. Price of tubing varies greatly with gauge — Tubing ^/4" outside diam. #18 Stub's gauge, $1.09 per lb. Tubing 14" outside diam. #25 Stub's gauge, $2.29 per lb. Tubing 1" outside diam. #18 Stub's gauge, 49 cents per lb. Tubing 1" outside diam. #25 Stub's gauge, $1.09 per lb. Aluminum castings (Jan., 1912) — Transmission line saddles, wt. 2% oz. each, 50 cents per lb. Transmission line saddles, wt. .6 oz. each @ 3.2 cents each, 86 cents per lb. Rolled plate (Jan., 1912) for use in clamps on transmission cable, sheared and bent sleeves, 1% oz, each @ 5 cents each, 45 cents. References. Am. Civil Engrs.' Pocket Book. Aluminum for Electrical Conductors (Handbooks of the Aluminum Co. of Araerca, Pittsburg, Pa.). Handbook of Standard Underground Cable Co., Pittsburg, Pa. Inspectors' Pocket Book. Byrne. The Coal and Metal Miners' Pocket Book (the Colliery Engineer Co., Scranton, Pa.). Kent's Mechanical Engineers' Pocket Book. Year Book, American Soc. Testing Materials, 1910. Specifications for Materials and Supplies 221 § 6. Outline of Specifications for Aluminum Wire. ^laterial. Surface conditions. Package sizes. Protection in handling. Method of calculating weights, etc. Sizes and variations allowable. Strength. Electrical conductivity. § 7. Specifications for Aluminum Wire. (After Am. Soc. Test. Materials. Year Book 1910, p. 98). 1. The material shall be aluminum of such quality that it shall have the properties and characteristics here specified. 2. The wire shall be free from all surface imperfections not con- sistent with the best commercial practice. 3. Package sizes for round wire and cables shall be agreed upon in placing individual orders. 4. The wire shall be protected against damage in ordinary hand- ling and shipping. 5. For the purpose of calculating weights, cross sections, etc., the specific gravity shall be taken at 2.68. 6. The size shall be expressed as the diameter in decimals of an inch. Permissible variations from the nominal diameter shall be : (a) For wire, .10 inches in diam. and larger, i per cent either way. (b) For wire smaller than .10 in. i mil. either way. 7. The wire shall be drawn so that the tensile strength will not be less than 20,ooo# per sq. in., the elastic limit not less than 50 j>er cent of the ultimate strength, and the percentage of reduction in area of 50. 8. Electrical conductivity shall be determined upon fair sample by measurements of resistance, and the resistance shall not exceed 18.0 ohms per mil. -foot at 0°C. § 8. Assignment on Fundamental Material and Supplies. The student should be assigned one or more of the following subjects, and be required : First. To investigate the subject in considerable detail and pre- pare a report on the same. (See page 218.) 222 Notes on Contracts and Specifications Second. To outline the practicable limitations as to the quali- ties and such other requirements as should be included in a specifica- tion for the material for the use to which it is to be applied. (See page 219.) Third. To prepare or select specifications which will form the basis for an intelligent bid and contract for such material. (See page 221.) For looking up these various subjects references are given at the end of the Chapter and in the Bibliography at the end of the volume. This list of materials is by no means complete, and other similar sub- jects having a local importance can often be substituted to advantage. So far as possible the use for which a material is suggested to be ap- plied is placed opposite the "kind" of material. In many cases, however, the various kinds of material mentioned can be applied to several or all of the various uses suggested. It will usually be desirable to specify more definitely the exact use for which the material is desired. In doing this the specification should be given a local significance by making it apply to some local use, the conditions of which can be investigated and considered by the student. Material !•■ j r- #»« c..^»i:^» Kind ror or oupplies Asphalt Paving, Water Proofing or Roofing Asbestos Wool or Cellular Paper Pipe Covering Paper Sheets for fire protection Compressed Shingles Board Insulating Barriers or Wire Cover- ing Babbitt Metal Machine Bearings Belts Cotton Leather or Rubber Power Transmission Brass Castings Machine Bearings & Valve Bodies Wire Spring Sheet Gateways Guides and Bearings Pipe Railing and condenser tubes Rods Lightning arrester horn gaps Brick Common Building, Boiler Setting or Founda- tions Sewers, Manholes or Catchbasins Face or Pressed . . Building Fronts Dry Pressed or Re- pressed Building Fronts Fire Boiler Setting Sand Lime Buildings Paving Street Paving Radial Arches in Buildings Enameled Interior Walls of Buildings Specifications for Materials and Supplies 223 Material !•• j r- or Supplies ^'"^ ^°'' ^Bronze Aluminum . . ^ Condenser Plates Bolts below Tide Water Small Castings Manganese Propeller Blades Phosphor Pinions, Machine Bearings or Main Shafting Bolts and Nuts in Water Cylinders Tobin Condenser Plates or Hull Plate for Ships Shafting for Ships or Deck Fittings Bolts Brush Willow Mattresses, and other river revet- ment work Carborundum . . . Abrasive Emery Wheels or Emery Powder Carbon Arc Lights or Batteries Rheostats or Commutator Brushes ■Cement, Portland Concrete or Mortar Coal Fuel for Heat or for Boiler Gas Manufacture or Producer Gas Clay Laying Fire Brick or Puddle Clay Goods Sewer Pipe For Sewers Drain Tile For Farm Drainage Terra Cotta Ornaments of Buildings Fire Proofing Columns in Buildings or Floors in Buildings ■Copper Castings Switches Wire Electric Transmission Sheet Roofs Pipe Stills Cork Friction Clutches or Heat insulation Life Preservers or Carpets Flagstones Walks, Curbs or Gutters Glass Rolled Plate Windows Wire Fire proof Windows Common Windows or Insulators Graphite Lubricant or Crucibles Commutator Brushes or Rheostats Gravel Roofing, Roads, Concrete or Filter Drains Gas Water, Coal, Pro- ducer or Natural Power, Fuel or Light Gasoline Power or Fuel Hose Cotton or Rubber . Fire Protection Iron Malleable Castings Cast Castings, Pipes, Machinery Corrugated Roofs or Walls Galvanized Roofs, Tanks or Towers Wrought Pipes, Structural Shapes or Boiler Plate Lead Castings Window Weights Drawn Pipe Pig Pipe Joints Sheet Lining Tanks Wool Pipe Joints Leather Belts, Belt Lacings or Harness Limestone Lime, Calcium Carbide or Buildings Lime Plaster or Mortar Linseed Oil Paint Vehicle Marble Buildings, Floors or Stairways Wainscoting or Switchboards 224 Notes on Contracts and Specifications Material or Supplies Kind For Oil Ci'ude Roads, Concrete or Timber Preserv- ation Fuel Locomotive or Boiler Light Kerosene Lubricant Cylinder Paint Vehicle Linseed Insulating Transformers or Oil Switches Packing Hemp Steam Valve Stems Cotton Water Valve Steins Rubber Pump Piston Rings Composition Engine Piston Rings Leather Pumps Metal Pipe Joints Plaster Building outside or inside Pumice Stone . • Polishing or Insulators Rope Manila , Power Transmission Hemp Hoisting Cable "Wire Derrick Guys Red Lead • Cement or Painting Rubber Belting, Insulation or Matting in Power House Valves or Packing Sand Concrete, Mortar or Filter Plastering or Moulding Sandstone Curbing or Building Stone Rubble Riprap, Concrete Backing for masonry or Foundations, light buildings Squared Sidewalks, Gutters or Curbing- Street Paving or Bridge Masonry Foundations — heavy buildings Cut Stone Building Walls Rough Pointed .... Foundations — very heavy Fine Pointed Bridge Masonry Crandalled Cross -Crandalled . . Arch Masonry Pean-Hammered . . Cap Stones Tooth-axed Door Sills Bush Hammered . . Steps Rubbed Aqueducts Slate Roofing, Floors or Blackboards Switchboards or Barriers Steel Fire Box Locomotive Fire Boxes Boiler Boilers Flange Boiler Heads Ship Hull Plates Tank Tanks Rivet Rivets Nickel Solid and Hollow Forgings for heavy shaftings Structural Bridge or Roofs Rails Railroads Reinforcing Bars . Concrete Work Pipe Steam Pipes Castings Gears Specifications for Materials and Supplies 225 Material l^. , e- «^ e,,„r,i;<»» Kind For or oupplies Timber Douglas Fir Bridge Timbers or Trestle Southern Pine .... Cribs Hemlock Sheeting Oak Fence Posts or Railroad Ties Cedar Transmission Poles or Paving Blocks Tamarack Piles White Pine Inside Finishing Maple Flooring- Frames, Joists, Rafters or Studding Sheeting or Shingles Clapboards or Shiplap Tile Vitrified Roofing Fire Proof Walls Book Roof Floors or Building Blocks Chimney Blocks or Chimney Tile Glazed Ornamental Tin Plate Roofing Turpentine Paint and Varnish Solvent Wire Hard Drawn Cop- per Electric Distribution Soft Drawn Copper Interior Electric wiring Insulated Weather Proof .... Copper Covered Steel Ground Wire Iron » Telephone Steel Telegraph Barbed Fences Meshed Reinforcing Mesh for Concrete or Fences Wrought Iron Structural, Pipes or Boiler Plate Zinc Sheet Lining Tanks 226 Notes on Contracts and Specifications BIBLIOGRAPHY OF MATERIALS. See "Engineering Index" and files of various technical societies listed therein. See also: Mechanical Engineer's Pocketbook — Kent. John Wiley & Sons. American Civil Engineer's Pocketbook. John Wiley & Sons. Civil Engineer's Pocket Book— Frye. D. Van Nostrand Co. Inspector's Pocket Book — Byrne. John Wiley & Sons. Architect's and Builder's Pocket Book — Kidder. John Wiley & Sons. Civil Engineer's Pocket Book — Trautwine. John Wiley & Sons. A Manual of Civil Engineering— Rankine, 1885. Chas. Griffin & Co., Lon- don. Notes on Building Construction, Part III. Materials. Riverton's, London, 1889. Building Construction and Superintendence — F. E. Kidder. Wm. F. Corn- stock & Co., New York. Materials of Engineering (in 3 parts) — Prof. Robt. H. Thurston. John Wiley & Sons. Materials of Construction — J. B. Johnson. John Wiley & Sons. Strength of Materials— H. E. Murdock. John Wiley & Sons. Materials of Construction — Prof. G. B. Upton. John Wiley & Sons. Materials of Engineering — Prof. Wm. H. Burr. John Wiley & Sons. Materials of Construction — A. P. Mills. John Wiley & Sons. The Principal Species of Wood— C. H. Snow. John Wiley & Sons, 1903. Mechanical Properties of Wood — S. J. Record. John Wiley & Sons, 1915. Brickmaker's Manual — R. B. Morrison. F. A. Randall & Co., Indianapolis, 1890. Manufacture of Brick, Tiles and Terra Cotta — C. T. Davis. Henry Carey Baird & Co., Philadelphia, 1889. Report on Compressive Strength, Specific Gravity, and Ratio of Absorp- tion of Building Stones in United States to Chief of Engineers, U. S. Army. By Q. A. Gilmore. D. Van Nostrand Co., 1876. Treatise on Masonry Construction — Prof. I. O. Baker. John Wiley & Sons. Masonry — M. A. Howe. John Wiley & Sons, 1915. Stones for Building and Decoration — Geo. P. Merrill. John Wiley & Sons, 1891. Government and State Geological Survey Bulletins on Clays, Building Stones, etc. Steel, A Manual for Steel Users— Wm. Metcalf. John Wiley & Sons, 1896. Cast Iron, A Record of Original Research — Wm. J. Keep. John Wiley & Sons, 1903. Reports of Tests of Metals and Other Materials for Industrial Purposes. U. S. Testing Machine at Watertown Arsenal, Mass. Materials of Machines— A. W. Smith. John Wiley & Sons, 1915. CHAPTER XV SPECIFICATIONS FOR FUNDAMENTAL PROCESSES § I. Fundamental Processes. — The fundamental processes of construction work should be investigated in very much the same manner as materials and supplies. The preparation of specifica- tions for these processes if carried into detail is even more difficult than those for materials. In both materials and processes, improve- ments are constantly being made, and the methods employed afe constantly undergoing changes and improvements. As a general rule, it is unwise to specify methods in detail, as results are the end desired and the detailed methods to be pursued should be designated only to the extent necessary to secure the results desired. If the methods to be pursued are fully specified, the contractor becomes a "servant" and not an "independent contractor," and the principals may become liable for casualties which may occur and unsatisfac- tory results which may obtain on account of improper methods of procedure. As a general rule, the contractor should be left reason- ably free to pursue those methods which his experience dictates, for it is largely on account of this experience that his services are secured. He should, however, be required to do those things or all those processes whch are clearly known to be essential to secure proper results. As a general proposition, the specificat'ons for an engineering process should include : I. A general description of the work to be done. II. Reference to plans, profiles, etc., provided. HI. The material to be used. (Materials covered by another specification.) IV. The operations included. V. Precautions to be taken. VI. The results to be obtained. § 2. Earthwork and Rock Work. — Among the processes most common in engineering works is the excavation or construction of earth and rock works. Such works have many features in com- mon, while other features may be special and peculiar to a particu- lar work. For the purpose of the general study of specifications, all 228 Notes on Contracts and Specifications such works can be analyzed together. In using the analysis for the preparation of specifications, all specifications not applicable to the case in hand should, of course, be omitted. In the same way it must be remembered that besides the headings given in the anal- ysis, there are various other items in regard to the general character of the work, contingencies, delays, the hazards of construction, the furnishing of tools, plant, etc., which are usually included in the general form of agreement, but which may be included in the spec- ification, if desired. In addition to these there may be special fea- tures which demand special treatment. A\'hile an attempt has been made to make the analytical form given as complete as practicable, it is offered simply as a basis or a general model for a specfal form to be prepared by the engineer for any special work he may have on hand. § 3. Analytical Division of Earth and Rock Work Specifica- tions. I. General Description : A. Description. B. Location. C. Dimensions. D. Form. E. Grade. F. Divisions of work. II. Material: A. General character, borings, soundings, etc. B. Classification. C. Quality of material to be used (in fills). D. Quantities. E. ^Measurements and estimates. F. Shrinkage (in fills). G. Extra excavation. H. Extra material and borrow pits for fills. III. Operations : A. Beginning work. B. Grades and lines. C. Clearing, grubbing and wrecking. D. Breaking surface or mucking. E. Changes in roads, railroads, etc. F. Consolidation, rolling, tamping and puddling. Specifications for Fundamental Processes 229 G. Limits of work. H. Bracing, shoring, and protection of work. /. Protection of public, care and maintenance of traffic. /. Obstructions. K. Pumping and draining. L. System of excavation. M. Filling (methods of work). A^. Drilling, channeling, blasting and quarrying. O. Disposal of material. P. Overhaul. Q. Leveling, grading and dressing. R. Sodding and seeding. 5'. Continuous prosecution of work. T. Maintenance. § 4. General Description. — Lender this title are included various data descriptive of work which may be subdivided into (A) Descrip- tion, (B) Location, (C) Dimensions, (D) Form, (E) Grade, and (F) Division of work. Where the earth work is a part of other work, the location is usually sufficiently well described in the general description of the entire work ; otherwise a special description may be desirable. In minor works the description may include, in a single para- graph, all necessary facts in regard to location, dimension, form, grade, and divisions of work, while in important work each of these factors may require special treatment. The following examples show the common practice in the writing of such specifications : § 5. (A) Description, and (B) Location. a. For Channel or Ditch. — "A channel having side slopes of two feet hori- zontal to one foot vertical, and a width of twelve feet at the bottom, shall be constructed on the grade shown on the profile from the outlet of Williams Pond to the Bear River on the general line shown on the map." h. Trenches for Pipe Sewers. — "All sewers shall be located on the lines shown on the map. The trenches shall be excavated to a depth sufficient to place the flow line of the pipe on the grade shown on the profile, and of such a width that they shall be, at the center of the sewer, one foot wider than the greatest horizontal diameter of the pipe to be laid therein. The bottom of the trench shall be excavated as nearly as practicable to the form and size of the lower half of said pipe. Suitable excavations shall be made to fit all junctions or other specials wherever needed." c. Trench for Water Pipe. — "1. Line and Grade: The trenches for the pipe shall be opened in accordance with the lines and grades given by the 230 Notes on Contracts and Specifications engineer. The pipe lines shall be laid uniformly twenty-two (22) feet from the northerly sides of the various streets and avenues. The right, however, to depart from this general rule is reserved by the first party." "2. Size of Trench: Said trenches shall be one foot wider than the greatest exterior diameter of the pipe to be laid therein." "3. Bell Holes: At all points the trench shall be widened and deepened sufficiently to admit of free access for calking all around said pipe, and so that the bell of the pipe shall have no bearing on the bottom of the trenches. Such enlargement of the trench shall be made before the pipe is lowered into it." a. Excavation for Bridge Snl) structures: "The excavation for all piers or abutments shall be to such a depth as shall permit the bottom of the grillage, if grillage be used, or the bottom of the masonry footings, if no grillage be used, to be placed at an elevation about ninety (90) feet above city datum (to which reference plane all elevations on the drawings and in specifications for this work are referred). The engineer shall determine the exact elevation of the foundation of each structure. The excavation shall be of the size and dimensions directed by the engineer." e. Excavation for Masonry Foundations: "The excavation will be oT the form, dimensions and depth shown on the drawings, or to such addi- tional depth as the nature of the material may require." /. Street Grading: "All streets and avenues on which pavements are tO' be laid, including roadway, parking sidewalk intersection and all street and alley approaches shall be graded to the lines and cross sections shown on the profiles and sections of the same." g. Railroad Grading: "Under this head shall be included all excavations: and embankments for the construction of the roadbed for both main and side tracks, for all station grounds and switch yards, and including also the excavations for all drains and ditches in connection with the road, and the excavations for the foundations of all bridges, culverts, cattle guards, and all earth work neccessary for the change and reconstruction of public or private roads and crossings, or for the changing of water-courses and for all other earthworks incident to the construction of said railroad." li. Chicago Drainage Canal: ''Location: "The work covered by and in- cluded in these specifications is the excavation of that part of the main drain- age channel, and the building of certain collateral works for the sanitary district of Chicago located between the Willow Springs Road in Section 32 of Township 38 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois, and the middle of Section 14, near Lockport in Town- ship 36 North, Range 10 East of the Third Principal Meridian, in Will County, Illinois, beginning below but near the said Willow Springs road, the said part of the said main drainage channel follows the Desplaineis river valley, being located north and west of the Illinois and Michigan canal, approximately as shown on the accompanying plans, marked "2 a," and as shall be located by the engineer, and described as follows: " 'The line of said channel shall begin at Willow Springs road and shall continue in a direction parallel to and 460 feet from the river bank of the Specifications for Fundamental Processes 231 canal above Willow Springs, joining by an easy curve a line parallel to and 460 feet from the canal bank in the straight reach above Sag, thence by an easy curve in a straight course to the county line and parallel to and 730 feet from the bank of the canal in the straight reach at and above Lemont; thence by an easy and continuous curve to a straight course parallel to and 460 feet from the canal bank in the straight reach at and below Romeo, said course terminating at or near the middle of Section 14, of Lockport Town- ship; the course opposite Lemont to be subject to a change of 200 feet if found desirable, said course throughout being so located as to facilitate the spoiling of the waste material from the channel on either side. The total approximate length is 74,000 feet or 14 miles.'" (San. Dist. of Chicago.) i. Emhankment: "The embankments shall be 30 feet in width at the top, and shall have a slope of two (2) feet horizontal to one (1) vertical, or such other slope and such cross section as the engineer may determine for any particular case." ;. Embankment: "In embankment, the sides shall be neatly and uni- formly dressed to a slope of two and one-half (2 1-2) horizontal to one (1) vertical, or such other slope as the engineer may direct in any particular case." § 6. (C) Dimensions.— (D) Form, and (E) Grade. a. Dimensions of Cross Sections: "The bottom of the finished channel shall have a width of 160 feet in the clear; where the channel is in rock, the sides of said channel shall be kept vertical, except as to necessary offsets occasioned by the use of channeling machine. "The sides of the rock channel are to be worked out with a channeling machine from top to bottom, the channels being cut ahead of the blasting. In doing this the bottom of each cut of the machine is to be made to a uni- form level above the grade, and each succeeding one offset six inches from the one just preceding . The contractor will be allowed to work the rock in one or more stopes, at his option, so far as concerns the main portion of the width of the channel, but in case he elects to work the face in stopes having a greater height than the reach of the channeling machine in depth,. then the blast holes are to be so disposed as to effectually prevent any blast from breaking or shattering the rock beyond the sides of the prism of the channel, which are to be left as smooth and solid as can be obtained with a skillful and proper use of a channeling machine. "In determining the width of the channel at the top of the rock, the necessary offsets made by the operation of the machine are to be allowed for. Provided, that where the depth of the rock does not exceed sixteen feet there shall be but one reach or cut of the channeling machine made, and that when its depth is over sixteen feet, and not greater than twenty-four feet, there shall be but two cuts made; and that nowhere is there to be more than three cuts made for the whole depth of the rock excavation. "Where the channel is partly in earth and partly in rock, the earth shall be so excavated as to leave a berm on top of the rock equal to three- eighths (3-8) of the depth of the rock surface below a level 5 feet above datum; provided that the berm shall be in no event less than 5 feet; and 232 Notes on Contracts and Specifications provided, further, that where the section is entirely in earth the additional width at bottom shall conform to the above rule; and provided also, that at the level of 5 feet above datum the berm shall not be less than 10 feet, with a slope toward the channel of one-half foot. In all cases the earth shall be taken out with the least slope which is to be found can be safely maintained until the retaining walls are built, and as may be directed by the engineer from time to time." (Spec. San. Dist. of Chicago.) 6. Grade: "The grade line of the bottom of said main channel at the station designated 740 shall be at an elevation of 24 feet below the datum established by the Illinois and Michigan canal trustees in 1847, and ahall slope thence uniformly at the rate of 0.08 of a foot vertical to 1,000 feet horizontal to the end of the standard excavation at station 1480, where it shall have an elevation of 29.92 feet below datum. "The sanitary district reserves the right to change said grade by raising or lowering it, or by increasing or decreasing the slope, thereby increasing or decreasing the amount of excavation; provided, that said change shall in nowise affect the terms of this contract as to price, or entitle the said con- tractor to any compensation additional to the rate fixed by this contract, or render the sanitary district liable for any damages, whatsoever, direct 'Or indirect. Provided, further, that the said change shall in no place affect the grade by an amount exceeding four feet; and that the sanitary district shall notify the said contractor of any such change before any portion of said channel shall have been finished in conformity to the grade as hereinbefore specified." (Spec. San. Dist. of Chicago). § 7. (F) Divisions. — In contract work of large magnitude, it is frequently desirable for purposes of letting the work, to divide it into a larger or smaller number of divisions, reserving the right to let the contracts for such divisions to one or more contractors as the party letting the work may elect. a. "Sections for the purpose of eventually designating different portions of the work and of dividing it into contracts, the said part of the main drainage channels shall be divided into 14 sections as follows: "Section 1, extending from the station designated 740 to the station designated 800. "Section 2, extending from the station designated 800 to the station designated 850. "Section 3, extending from the section designated 850 to the station designated 900, etc., etc. "Section 1, 2, 7, 8, 9 and 10 involves certain changes in the river chan- nel opposite. Section 9 involves a possible re-location of the Illinois and Michigan canal, and Sections 8 to 14 inclusive may require railway changes. The sanitary district reserves the right to make all river, canal and railway changes independent of the main work." (Spec. San. Dist. of Chi- cago.) Specifications for Fundamental Processes 233 § 8. Materials. — Specifications for materials should include a de- scription of : A. Their general charaetcr and the available information concern- ing the same. B. Their classification, or the kinds of material to be moved, with exact definitions of the character of each class, for which a different price may or will be paid. C. The quality of material, which may be used in different parts of the work or for dififerp,nt purposes (as for fills, back filling, etc.). D. The quantities, including exact or approximate estimates of the amount of the material or of different materials to be moved. E. The method of measurements, or the basis on which estimates will be made and the work paid for. F. The shrinkage or increase in volume which will be involved in the handling of the material, to the extent that such change in vol- ume influences the construction or cost of the work. G. Extra excavation, or the material that will be paid for at an extra price either in excess of the common price or aside from a fixed sum that may be made for the major part of the work. H. Extra material and borrozv pits, or the sources apart from the location of the work at which material can or must be secured. Much care is necessary in designating the meaning of words used in the description of materials, especially when any classification is allowed or when any expense is involved by their occurrence. As pointed out in section 5, of chapter VIII, the lowest proposals from intelligent contractors can be secured only by removing so far as practicable all doubts in regard to the nature of the work to be done and the consequent expense to be incurred. Various earth and rock materials to be excavated resist the work of removal in a manner varying greatly with their character and physical condition. Materials like clear sand and mud offer little resist- ance, while other materials like rock, cement, gravel and indurated deposits of all kinds offer strong resistance. § 9. (A.) General Character. — The nomenclature used to des- ignate these materials has not been standardized and varies greatly with different engineers. Prelini ^ subdivides these deposits into ''very loose soils," "loose soils," "friable soils," "soft rock," "ordinary rock," and "hard rock." 1 See "Earth and Rock Excavations," p. 42. 234 Notes on Contracts and Specifications Gillette ' classifies earth excavation into (i) -easy earth;' in which he includes loam, sand and ordinary gravel; (2j "average earth," in- cluding sands and gravels impregnated with clay or loam where a pick or plow drawn by two horses is necessary for loosening before shovel- ing, and (3) "tough earth," in which he includes compact clays, the hard crusts of old roads and all earths so hard that one team of horses can pull and plow only with great difficulty but which two teams of horses can loosen with comparative ease. He adds, "this third class of earth passes by insensible degrees into what is called 'hard pan,' " which he defines as including very compact clay or a mixture of gravel or bould- ers w^ith clay, and "sometimes soft shales that can be plowed with a rooter plow\" Certain cemented gravels are sometimes called hard- pan. The earth and soils have also local names, for example "adobe," a term used in the southwestern portion of the United States to de- note any clay of which sun dried brick or "adobes" can be made. "Gumbo" is used in the Alississippi valley to denote a black loam mixed v;ith clay, exceedingly sticky when wet, and often very hard and tough when dry. "Marl"' is technically a mixture of clay and loam, but is often employed to designate clay soils with only a small amount of lime, and sometimes disintegrating materials with a soapy texture. The term "quicksand" is usually applied to any sand or sandy material which flows readily when saturated with water. Earthy materials are sometimes classified and described as follows : 1. ''Loose earth" which may include those earths having little co- hesion and offering little or no resistance to separation from the re- mainder of the deposit. 2. "Common earth." which may include those having some cohe- sion and may require the use of a spade for removal. 3. "Tough earth," which may require before removal the use of the pick to break it up. These include stiil clay, disintegrating rock and slightly cemented sands and gravel. Rock materials may also be divided into three classes, on the basis of the resistance ofifered to removal, namely : 4. "Soft rock," which is easily removed by bars and wedges, such as loosely laminated slates and sand stones. 5. "Ordinary rock," which can be removed by bars and sledges, such as sand stones, etc. 2 See "Handbook of Cost Data," second edition, p. 120. Specifications for Fundamental Processes 235 6. ''Hard rock/' which must be blasted. The soft and ordinary rocks may often be more profitably moved by the use of explosives. Very often the term "loose rock" is used for rock which is un- cemented and is loosened from its bed and can readily be moved. The term is usaually confined by definition to pieces of a limited size, often not exceeding- three cubic feet in contents. The term "bedrock" refers to rock in the natural bed, and it may possess various degrees of hardness. Occasionally deposits are described by their geological names, al- though such description gives little information concerning their exact character, as the same geological deposits will vary widely in texture and condition at various places. Examples: a. Excavation for Bridge Al-utments: "The material excavated will be earth, sand, gravel and fragmentary material of various kinds and shall be estimated by the actual cubic contents of the excavation as laid out by the engineer, and shall be paid for at the price per cubic yard bid for such ex- cavation. The material shall be refilled around the completed abutments, and shall be replaced in layers and thoroughly tamped and any surplus ma- terial shall be removed by the contractor and wasted by him at such place or places as the engineer may direct, not more than five hundred feet from the excavator, the cost of all of which shall be included in the price bid for ex- cavation." b. Borings and Soundings: "The location of borings and soundings made along or near line of the aqueduct is shown on Sheet No. 1, which also shows what is regarded as the probable location of the surface of the ledge rock, but it is well known that the surface of the ledge may differ greatly from the location as shown, and that the character of the material encountered can- not be definitely determined by wash drill borings. There is, therefore, no expressed or implied agreement that the line of the surface of the ledge rock or the character of the material encountered by boring, as indicated upon the plan, is given approximately correct." (Met. Water & Sewerage Board.) €. Charaotcr of Material — ''General Character of Borings and Soundings : The character of the material through and in which the tunnel is to be con- structed, is indicated on the profile, and sample of material taken from the borings made on the line of the work at the points shown on the drawings may be seen at the office of the City Engineer. These borings are believed to be practically correct, and to represent a fair sample of the material. It is expressly understood, however, that the city does not guarantee the ac- curacy of these borings, and should the conditions be found to differ from those indicated by said borings, the Contractor shall have, for this reason, no claim against said city." 236 Notes on Contracts and Specifications d. Wells— ''Nature of excavation: From the drillings of the first artesian well, it is believed that the strata which lie below the surface, and which may be encountered in sinking the shaft, will be approximately as follows: "Drift (clay, sand, gravel), 67 feet in thickness. "Coal measure shales, 5 feet in thickness. "Burlington limestone, 96 feet in thickness. "Kinderhook group, 261 feet in thickness. "The general thickness and character of the strata as above given, are believed to be approximately correct. These conditions are, however, liable to variation, which variation and the resulting conditions shall be at the risk of the contractor, and said contractor shall not be entitled to any claims for extra compensation for any variation in said strata or in the conditions thereof from those above mentioned, or for any additional labor, material, or appliances which he is obliged to furnish by reason of such variation, or for any unforeseen difficulties encountered in the prosecution of this con- tract." e. Wells— ''Approximate description of strata: It is expected that the strata which will be encountered in sinking this well will be similar in its nature to the stratification of the first artesian well drilled at Montoouth. which stratification was, approximately, as follows: — Drift ^'^ ^^• Coal measure, shale ^ ^^' Burlington limestone 96 ft. Kinderhook group 261 ft. Hamilton and corniferous 88 ft. Guelph and Niagara 68 ft. CO ff Cincinnati shales oo it. Galena limestone 290 ft. Trenton limestone ' ^^^ ^^^ Saint Peter sandstone • 156 ft. Depth of first well ^'230 ft. "Below the St. Peter sandstone there is an unknown thickness of the Lower Magnesian limestone, perhaps 300 to 500 feet in thickness, below which the potsdam sandstone deposits occur. "The general thickness and character of the strata as above given are believed to be approximately correct. They are, however, liable to varia- tion, which variation shall be at the risk of the contractor, and said con- tractor shall not be entitled to any claim for extra compensation for any variation in said strata from the above, or for any additional labor, material or appliances which he is obliged to furnish by reason of such variation, or from any unforeseen difficulty encountered in the prosecution of the con- tract." § 10. (B) Classification.— Classification is an attempt to subdivide earth and rock work into classes or kinds of material which will from their nature require different methods of treatment, and consequently Specifications for Fundamental Processes 237 different expense in moving them. Where such differences exist it is usually desirable to ask for separate proposals for each class of ma- terial. Classification and the opportunity of securing a proper com- pensation for each kind of material which will or may be encountered, obviates the hazard of variation in the amounts of the different kinds of material and guarantees that the contractor will receive payments on each kind in proportion to the amount that obtains. The difficulty that arises in carrying out classification lies in the difficulty of explicit definition of class and the difficulty of determining accurately whether a given material lies within one class or another. This determination has led to many disputes and much litigation. IMany classfications for such material have been used. These sometimes include : a. Earth and rock. b. Earth, loose rock, and solid rock. c. Earth, hardpan, loose rock, and solid rock. (/. Loose earth, common earth, tough earth, hardpan, loose rock and solid rock. Frequently the materials embraced under such classifications grade almost imperceptibly one into another, and in adjusting the limits be- tween earth and hardpan. hardpan and rock, considerable difficulties frequently arise. As a rule the engineer should be empowered to decide under what class a material encountered shall be included and he w^ill here find opportunity for the exercise of his best judgment. Examples: a. Open trenches — ''Excavatio7i: All excavation will be in sand, gravel earth, and other drift materials. No rock excavation is expected, but should rock be encountered in the trenches it shall be excavated six inches below the bottom grade of the pipe. All rock requiring blasting to remove will be paid for as rock excavation at $2.00 per cubic yard, and said rock shall be meas- ured eighteen inches wider than the outside diameter of the pipe at the hub end, and from the top of said rock to six inches below the bottom grade of the pipe. All boulders found in the trench requiring to be removed, measur- ing one-half cubic yard or more, will be paid for as rock excavation. In the excavation of rock, all blasts must be properly covered to guard against injury to surrounding objects, and the contractor will be held responsible for all damages to persons or property caused by carelessness or otherwise in the prosecution of this work." b. ''Classification of Material: All material such as earth, clay, sand, gravel, rotten or loose rock, which can be removed with pick and shovel, shall be classed as 'earth excavation.' All rock requiring blasting to remove, shall be classed as 'rock excavation.' " 238 Notes on Contracts and Specifications In addition to the above classification, the class Hardpan is some- times also used. When so used it is usually specified as follows : "Hardpan shall consist of indurated clay, shales or cemented gravel, and which requires blasting for removal." In addition to the above classifications, there are also often included in work, part of which is to be performed under water, the classifica- tion as above indicated, modified by the additional provision "in water/' ''below water," and "dry" or ''above water." "All excavation below low water shall include all necessary extra work caused by the position, and shall be paid for at the price named in the ac- cepted proposition." c. Open Trenches. — "Two prices only are to be paid for materials exca- vated from the open trench and other excavations (except borrow pits), namely, one for the rock excavation, which is to cover all excavation of solid rock removed by blasting, and all boulders of one-third cubic yard or more in volume: and one for earth excavation, which is to cover the excavation of all other materials. The price to be paid for borrowed earth is to covsLr the excavation of all kinds of materials taken from borrow pits." (Met. Water & Sewerage Board.) d. Canals — ''Classification of Material. — All material excavated under the provisions of this contract is to be classified under one or the other of two heads, viz.: 'glacial drift' and 'solid rock.' "Glacial drift shall comprise the top soil, earth, muck, sand, gravel, clay, hard-pan, boulders, fragmentary rock displaced from its original bed, and any other material that overlies the bed rock. "Solid rock shall comprise all rock found in its original bed, even though It may be so loosened from the adjacent underlying rock that it can be re- moved without blasting." (Spec. San. Dist. of Chicago.) e. Grading — ''Classification: (a) All material handled under the head of 'Grading' shall be classified as follows: 'Solid rock,' 'loose rock,' and 'earth.' "(&) Solid rock shall include all bed rock which cannot be removed without blasting, also all boulders or other masses of rock of not less than one cubic yard which require blasting before removal. "(c) Loose rock shall include all soft shales or other soft or loose rocks which can be removed without blasting, even though blasting may be done to facilitate the work; also all boulders or other manner of rock of not more than one cubic yard, or less than ten cubic feet. "(d) Earth shall include all soil, earth, sand, gravel, loose stone and boulders of less than ten cubic feet contents, and any other material of every description not clearly included under the specifications of solid rock or loose rocks; of all of which the engineer shall be judge." (e) "All materials moved in grading shall be measured in excavation only, and estimated by the cubic yard under the following classes: "Class 1. All material that can be plowed by an average eight-mule team, each animal weighing not less than twelve hundred (1,200) lbs., attached to Specifications for Fundamental Processes 239 a suitable ten-inch breaking plow, all well handled, by at least four men. Also, all loose material that can, without plowing, be loaded into a scraper by two men. "Class 2. Indurated material of all kinds, which cannot be plowed as in Class 1, but which requires loosening by powder, and can then be removed by scraper. "Class 3. All detached masses of rock, more than two and less than ten cubic feet in volume. And all slate or other rocks, soft or loose enough to be removed without blasting. "Class 4. All rock, not included in the above classes which requires drill- ing and blasting." s In discussing the above specification, the Engineering Nevi^s re- marks that in a similar specification a dispute arose in regard to the question of whether certain material should be classified as "hard- pan" or "rock," and points out that while certain shales and hard- pan may be loosened in small chunks by a plow, yet true economy of construction would require blasting. It seems desirable that the deci- sion as to the classification of material should when practicable be based upon its economic working, which is generally a question of judgment and therefore a matter for honest difference in opinion. The News suggests that it would seem better to have samples of the various ma- terials on file as the basis for the contractor's proposal. Even with this provision, the grading of material from one class into another may sometimes still lead to differences of opinion, mistniderstandings and disputes. § II. (C) Qualities of Material. Examples: a. Embankments. — "All material for the embankment shall be gravel, clay or earth, free from all organic matter, and be such as the engineer will approve. Any material used in said embankment and not so approved shall be removed by the contractor at his own cost and expense, and shall in no case be estimated or paid for." b. Refilling trenches — ''Material for refilUng. — The trenches shall be re- filled with the excavated material provided it be of proper quality, but in case insufficient suitable material is thus obtained, that which is suitable shall be furnished by the contractor, without charge, and he shall remove from the ground or uniformly spread over the surface all material which is not used in filling." c. Refilling in rock excavation. — "In refilling trenches from which rock has been excavated, the six inches below the pipe shall be refilled with sand, earth or loam, and carefully packed before the pipe is laid; and the trench 3 See Eng. News Sup., July 9, 1903. 240 Notes on Contracts and Specifications around and for eighteen inches (18") above the pipe shall be filled with: earth, properly tamped, above which the rock may be filled in, but no rock containing more than two hundred (200) cubic inches will be allowed to be used in the filling," d. Reservoir emMnkment. — "No material shall be used which is not free from vegetable soil, roots or non-mineral matter. All stones more than one inch thick or more than three inches in maximum dimensions, shall be removed from the enbankment before setting." As noted in the Engineering News Supplement^ the. last clause is an untisual and unnecessary requirement which will entail close inspec- tion and extra expense. The usual limiting size for stones in reservoir embankments is four inches in diameter, and even such a limit seems entirely unnecessary in work of considerable magnitude, unless the ma- terial contains a superabundance of such material. § 12. (D) Quantities and (E) Measurements and Estimates. Examples: a. Emtankments: ''Measurements. — The measurement of all materialised in the embankment shall be made in the embankment." b. Levers: Estimate of quantities. — "The solid contents of the levee, com- puted to the established permanent grade and cross section only, will be paid for. Nothing will be allowed for shrinkage. The cost of clearing, grub- bing and breaking the surface shall also be included in the price per cubic yard for embankment." c. Canals: ''Measurement. — Measurement for all excavated material will be made in excavation by the cubic yard of twenty-seven cubic feet, based upon the survey and cross-section notes of the engineer. "All 'glacial drift' excavated under the direction of the engineer, whether in or out of the main channel, will be included in the measured quantities. " 'Solid rock' excavated within the limits of the dimensions and grade of the main channel, or of any river diversion channel, or for the placing of any bridge or other structure, as hereinbefore specified, or that shall be taken out by direction of the engineer, shall be included in the measured quantities, provided that nothing will be included for rock that comes out below grade in the excavation of any channel. "The prices given herewith are to include all work herein specified as clearing and grubbing, levees for protection, pumping, roadways for work- ing, back filling of retaining walls, and generally all work and material found necessary in prosecuting this contract." (Spec. San. Dist. of Chicago.) d. Tunnel excavation. — "Excavation either in earth or rock shall be estimated of a diameter only as great as the outside of the specified walls of the shaft or tunnels. Any material resulting from caving, careless blasting, or any other cause by which material shall be removed from beyond the lines 4 Vol. 50, p. 224. Specifications for Fundamental Processes 241 specified, shall be removed and refilled with suitable clay thoroughly rammed in place 5 and at the contractor's expense." § 13. (F) Shrinkage. — Material when moved from, its natural bed usually alters its volume, sometimes to a considerable extent. Earth when excavated and placed in an embankment usually shrinks, frequently as much as ten per cent of its original bulk. Rock on the other hand when broken and placed in a fill, increases its bulk on ac- count of the voids between the pieces. This change in volume becomes important in considering earth and rock work. Earth work, if meas- ured in embankment, will measure less than if measured in excavation, unless allowance is made for shrinkage. Embankments unless carried above the permanent grade will prove deficient unless extra material is furnished. . Rock work will occupy a much greater space than in the bed from which it was taken. Examples: a. Measurement. — "When earth work, taken from borrow pits, is meas- ured in embankments, an allowance of ten per cent, for shrinkage shall be made, and, the net embankments will be estimated as ninety per cent, of the gross excavation." b. Provision for shrinkage— "One-tenth shall be allowed for the settle- ment or shrinkage of all embankments, regardless of the character of mate- rial used, or the method of construction, and no embankment that is not car- ried up one-tenth higher than the established grade shall be paid for. The allowance for shrinkage must be deposited on the crown and slope during the original construction in such a manner as to give the width of crown and the slope required, which slope shall be uniform from top to toe of fill." § -14. (G) Extra Excavation. — It is necessary to anticipate the possibility of a greater amount of excavation than that which would be estimated from the plans for an improvement on account of the fre- quent necessity of removing material which may be objectionable or to reach a more satisfactory foundation. In foundations for pavements, the following specification is often used :^ "All clay and spongy material shall be removed to a depth to be deter- mined by the engineer, not exceeding 12 inches below the bottom of the foundation, and shall be replaced with such material as the engineer may direct." This specification is faulty for two reasons: (i) It does not de- ? Concrete filling may be required and if so should be specified. The specification "good material as the engineer may require" is indefinite and unfair. 6 See Eng. News Sup., Vol. 50, p. 257. 242 Notes on Contracts and Specifications scribe the material with which the fill is to be made; (2) It does not provide for extra compensation when such filing is required. If the spongy material is to be replaced by sand, gravel or cinders, it should be so specified. If the fill is to be of clay, the specification should be equally explicit : the source from which it is to be obtained should be specified, and a sample of the same should be provided so that there will be no uncertainties as to the character of the material which the engineer will accept. While it may be desirable to avoid a bill for extras, it is seldom that extra expense is really avoided by requiring the contractor to as- sume risks for extra work for which he is to receive no compensation. A few test pits along the line of the work will give the necessary in- formation as to the occurrence of unsuitable material for the founda- tion, and an allowance can be made in the original estimate for the cost of extra filling, and a bid for the same required when the work is let. In this way the contractor is relieved from hazard and can and will submit a lower proposal for the work. Examples: a. General: "All excavation deeper than shown on the drawings, and all extra excavations ordered by the engineer shall be estimated and paid for at the contract price." b. Grading for Pavements: "All material more than eight inches below the established grade, together with all material excavated from above the grade of the finished pavement shall be classed as extra excavation and paid for at the price of such extra excavation named in the accepted proposal. The cost of all other excavation including all necessary excavation for curb- ing shall be included in the prices named for paving and curbing." c. Excavation for Trenches: "Any increase in depth beyond that which Is necessary to lay the pipes in the above described manner, if ordered by the engineer, shall be paid for at the price bid per cubic yard for extra earth excavated and backfilled; provided such extra depth average at least three inches the whole length of extra cut. A corresponding deduction will be made for all length of less depth than that specified, but no attention will be paid to an average less than three inches for the whole length of such trench. The contractor shall also make additional excavation whenever re- quired for the purpose of securing a good and satisfactory foundation, for which work he shall be paid the price bid for extra excavation." § 15. (H) Extra Material and Borrow Pits. — Extra material that cannot be obtained from the location of the work is frequently needed for embankments and fills. In most work the land from which such material can be obtained is provided, but occasionally it may be Specifications for Fundamental. Processes 243 desirable to depend on the contractor to secure such extra material from sources which he shall provide. Examples: a. Contractor to Furnish Material. — "The contractor shall make all nec- essary arrangements to secure the material for the embankment, and no ma- terial shall be taken from the public streets or highways except as removed in the necessary grading." b. Borroic Pits Provided. — "All necessary land for borrow pits will be provided by the party of the first part." § i6. Operations. — Under this heading should be included all specifications in reference to the necessary operations by which earthworks are to be begun, prosecuted, and completed, including also all restrictions and necessary precautions which are to be taken in order to secure good work and protect public life and property and the work itself. (A) to (E) Inclusive: Beginning Work, etc. (A) Dredge Work: ''Beginning Work. — The work shall be begun at the outlet, but the contractor may leave such temporary dams as may be neces- sary to hold back the water for the dredges, provided such dams are removed as soon as the progress of the work permits." (B) Grades and LAnes. — "The approximate depth of the excavation will be given by the engineer before the excavation is begun. Grade and line will be given by the engineer every 12 14 feet at the bottom of the trench, on stakes to be set by the contractor." (C) Clearing and Gruhbing: a. For Levees. — "The ground to be occu- pied by the levee must first be cleared of all trees, stumps, logs, bush, weeds, and all perishable matter of every kind. All trees and stumps shall be grubbed out by the roots, and all work shall be done to the full satisfaction of the engineer." Z), For Reservoir. — "The entire surface of the ground on which the reser- voir is to be constructed shall be cleared and grubbed of all trees, stumps, bushes and roots. All such material shall be removed from the reservior area. All good timber shall be cut and corded, and shall be and remain the property of the city. All debris shall be burned or otherwise removed from the city property." c. For Canal. — "The contractor will be required to remove all trees, stumps, buildings, fences, or other incumbrances within 1.50 feet of the center line of the channel, or that may be in the way of any collateral or subsid- iary work herein specified. All such material of value shall be the property of the contractor, and all worthless material shall be disposed of as directed by the engineer. The cost of this work shall be included in the prices for excavation as hereinafter stated." (Spec. San. Dist. of Chicago.) (D) Breaking Surface for Levee.— "The entire surface which will be used for the base of the levee shall be thoroughly broken with a spade or plow in order to form a satisfactory bond with the earth fill.'" 244 Notes on Contracts and Specifications (E) Changes in Roads and Railroads: ''Railway changes. — Throughout such sections of the work as may require a change in location of any rail- way, the contractor shall grade a double track road-bed with material from the excavations herein before specified, said road-bed to be thirty (30) feet wide on top, with side slopes of one and onerhalf to one, and conforming in height and location and in other particulars to the plans of the engineer, as shown on plan '2 a,' and the cost of any such work shall be included in the prices for excavation hereinafter stated. (Spec. San. Dist. of Chicago.) § 17. (F) Consolidation, Rolling, Tamping, etc. a. For Reservoir Emliankment. — "The embankment shall be built by dumping the material in uniform layers and to the full width thereof. The material so deposited shall be spread out in uniform layers not over twelve inches in, thickness and thoroughly rolled with a road roller of approved weight and dimensions." b. For Levees. — "The movement of all wagons, carts or scrapers used on the work shall be so directed that all parts of the embankment shall be made equally and uniformly compact." c. For Pavements. — "The sub-grade, after being properly puddled, and brought to the proper section, shall be thoroughly compacted by rolling and tamping in such manner arid to such extent as the engineer may direct. The roller shall not be less than three (3) feet in diameter, or more than six (6) feet wide on the face, and shall weigh at least eight (8) tons, and it shall be so operated as to roll the entire sub-grade between the street curbs. All places that have not been or cannot be properly rolled, shall be tamped with square hand tampers of not more than twelve (12) inches square face, and not less than ninety (90) pounds weight. The rolling and tamping of the foundation shall always be kept at a distance of not less than one hun- dred (100) feet ahead of the pavement." d. For Pavements. — "When the road-bed has been brought to sub-grade and before the curbs are set, and after the city has made any necessary im- provements, the sub-grade shall be thoroughly rolled with a steam road roller, weighing not less than ten tons. Any soft and spongy places that may appear during the rolling, shall be filled with dry earth or old macadam and be rolled until they are firm and solid and conform to sub-grade, being sixteen (16) inches below the finished surface." e. Tamping Trenches. — "In refilling the trenches, the earth fill in the bottom of the trench under, around, and six inches (6'') over the top of the pipes and other castings, shall be carefully packed and well rammed with proper tools for the purpose. Care shall be taken to give the pipe a solid bearing throughout its entire length. The earth filling above the pipes shall also be sufficiently packed to prevent serious after settlement. The contractor will not be required to tamp the entire refilling, but the street shall immediately after refilling be put into a passable condition and kept so for the limit of guarantee; a crown being left over the trenches of not to exceed six inches (6") in the width of the trench, and solid enough to prevent a horse or wheel from sinking into it to a dangerous extent, of which the engineer shall be the judge. After rains, or at other times when Specifications for Fundamental Processes 245 any settlement occurs, either in the surface of the fill, or by the formation of holes beneath the crust, the trench shall be refilled and redressed, and all kept in a satisfactory and passable condition. "The back filling shall be done as soon as possible after the sewer is completed at any point. The earth shall be placed carefully in layers of not over nine inches in thickness, and each layer, before the next is placed, shall be thoroughly wet or rammed as the engineer may direct, and the filling shall be packed and rammed under and around the sewer, with proper tools, so as to effectually prevent all injury from settlement to the sewer, or of unusual repairs to the streets." f. ConsoUdating Trenohes: "(1) In refilling the trenches the earth on each side and six inches over the brick work shall be carefully laid in so as not to disturb the work, and solidly rammed. After this, the center may be struck, but no more load shall be placed on the arch until such time as the engineer may direct. "(2) Special care must be taken in filling around the sewer to keep the earth the same height on both sides. "(3) The first layer shall be placed in wdth shovels, and the sewers shall not be walked upon until this is done. The earth then tot be thoroughly rammed in eight-inch layers, with in no case more than twice the number of men refilling than there are ramming. "(4) The balance of the trench may be filled in the same manner, or by sluicing with water, as the engineer may direct." § i8. (G), (H) and (I) Limiting and Protecting Work. ((r) Limits of Work: "In no case shall the contractor be allowed to work any trench more than four hundred (400) feet in advance of the pipe laying unless otherwise permitted in writing by the engineer, and in all cases the refilling shall be kept within 200 feet of the completed pipe laying, unless otherwise given in writing." (H) Bracing, Sheeting and Shoring: a. Shaft and Tunnel. — "The contrac- tor shall furnish and place all necessary bracing and shoring for preventing caving in the shaft, or tunnels to be built under this contract. The con- tractor shall so protect his work from caving that it shall cause no settle- ment or injury to the walls of the pumping station or reservior, or to the foundations of the same, or to the foundations of any machinery installed therein, and he shall make or cause to be made, or shall pay the cost of mak- ing any repairs to the city property damaged directly or indirectly by his operations." 6. Sheeting Excavation. — "In all cases when necessary to prevent the caving of banks, the contractor shall furnish and put in suitable bracing or sheeting at his own expense and remove the same when the trenches are refilled." c. Removing Bracing, eic— "Before the refilling, all shoring, bracing, etc., shall be removed from the trenches, but shall be removed only as the filling progresses in order to keep the trench from extensive caving." (/) Protection, Care and Maintenance of Traffic: a. Bridging Trench. — "Should occasion require on any of the business streets, or in any street. 246 Notes on Contracts and Specifications the importance of which as a thoroughfare is great enough to make it neces- sary so to do, of which the city shall be judge, the contractor shall properly bridge the trench to permit a safe crossing of traffic." § 19. (J) Obstructions. — Improvements Encountered. a. Obstructions.— "When necessary to cross or interfere with existing culverts, drains or pipes of any kind or description which may be so located in said streets, or any railroads, side tracks or other constructions, which may be located in said street, notice shall be given to the city, and the work shall be done in accordance with the direction of said city or its represen- tative. All objects requiring it shall be sustained in place until the work is completed and any damage caused shall be thoroughly repaired, and all work requiring strengthening to meet any additional strain caused by such excavation shall be properly made by the contractor to the full satisfaction of the city. "All 'repairs of injury to pipes, drains or other obstacles encountered in or on the street, shall be properly made before filling over and around the same." b. Replacing improved surfaces. — "In all cases the class of pavement before existing shall be carefully replaced so as to be in every way equal to the original surface in material and workmanship as far as practicable. In improved streets and through the business portion- of the town, the contractor shall thoroughly tamp the material from the pipe to the surface so that no after-settlement shall occur." c. "The contractor shall do whatever may be necessary to keep in posi- tion, and to protect from injury all water, gas pipes, service pipes, lamp posts, poles, and all other fixtures which may be encountered in carrying on the work. In case any of the said pipes, posts, poles, or other fixtures be damaged, they shall be repaired by the parties having control of the same, and the expense of such repairs shall be deducted from the amounts which may become due the contractor." § 20. (K), (L), (M) and (N) Pumping Methods, etc. (K) Pumping and draining: a. Trenches. — "During the trenching and the laying of the pipe, the contractor shall properly dispose of all drainage or water seeking the trenches, by the employment of suitable flumes for con- • ducting the water from the work, or by doing all necessary pumping and bailing. He shall provide for all waterways, ditches or sewers intercepted during the progress of the work, and replace them in as good and satisfac- tory condition as they were before they were disturbed, before the work will be accepted." b. Shaft and Tunnels. — "During the construction and until the work is completed and accepted, the contractor shall promptly and properly dispose of all drainage water seeping into the shaft or tunnels by doing all necessary pumping and bailing, and he shall furnish all necessary machinery and ap- paratus therefor." (L) System of Excavation: a. Trenches. — "All excavation shall be done by open cut from the surface. Trenches for pipe sewers, shall be eighteen inches wider than the diameter of the pipe. The bottom of all trenches,. Specifications for Fundamental Processes 247 whether for pipe or brick sewers, must be as far as practicable excavated to the exact form and size of the lower half of the pipe, or sewer, to be laid therein. Suitable holes shall be cut for the pipe, bells, and for the proper fitting of all junctions when needed." b. Trenching. — "The excavation will, in all cases, be continued from the surface to the bottom line of the same, unless otherwise specially permitted in writing by the city. The trench shall be properly and smoothly bottomed so that the pipe will have a full length support. In excavating through improved street surfaces, the material shall be carefully removed and kept free from the other material excavated from the trenches. "In order to facilitate traffic and interfere with the use of the public streets as little as possible, all trenches having an average depth of eight feet or more shall be excavated by the use of an overhead conveyor system with which the material excavated on one portion of the work shall be dumped directly into the trench in which the sewer is already completed. (ill) Filli7ig: Aqueduct Emhankments. — "The material is to be deposited and spread in horizontal layers not exceeding 3 inches in thickness, each layer to be sufficiently watered and very thoroughly rolled with a heavy grooved roller. From time to time during the construction of this portion of the embankments, and if so required, three times after its completion, this portion shall be so thoroughly saturated with water that it will stand upon the surface. "The building of the aqueduct upon such foundation embankments shall not be begun until they have stood six weeks after completion, unless other- wise directed.'' (Met. Water & Sewerage Board.) (X) Drilling, CJiannelling, Blasting and Quarrying : a. Shaft and Tun- nel. — "If blasting is necessary in the removal of rock from said shaft or tunnels, due care shall be taken to protect all finished masonry or other work or material in said shaft or tunnels from injury due to the blasting. All blasting shall be carefully covered and all blasts shall be fired by means, of electric igniter and detonating caps, and not by fuses." b. Canal. — "The contractor is to furnish all explosive compounds for blasting the material provided to be excavated under this contract; and, whereas, the storing, handling, and use of so large an amount of explosive material requires the utmost care and discrimination, it is therefore under- stood and agreed that the said contractor shall arrange for the storage of all explosive materials at a distance not less than 600 feet from the work, or from any other magazine, or from any dwelling occupied from a habitation, and that not more than 5,000 pounds shall be kept in one place. It is fur- ther understood and agreed that said explosive material shall in no case he brought onto the work except when needed for the purpose of charging the blast holes, and then only in such quantity as is needed for the particu- lar work in hand, and that none but skilled and careful men shall be em- ployed in the handling or use of said explosive, and that no liquid explosive shall be used. "It is further understood and agreed that the ground surrounding all magazines shall be kept free of vegetable or combustible material for a radius. 248 Notes on Contracts and Specifications of one hundred feet, and that their walls shall be made bullet proof, to a height of one foot above the contained explosives, and that in no case shall they be made of brick or stone. It is also understood and agreed that such signals of danger, as may be directed by the engineer, shall be given or displayed before the firing of any blast, and that the said contractor shall conform his acts to and obey all rules and regulations relative to the hand- ling of explosives and the firing of blasts, for the protection of life or prop- erty, which may be made by the engineer from time to time." (Spec. San. Dist. of Chicago.) § 21. (O) Disposal of Material and (P) Overhaul. (0) Disposal of Material: a. Shaft and Tunnel. — "The material from the shaft or tunnels shall be deposited at the point directed by the engineer, the distance to which shall not exceed three hundred feet from the top of the shaft." b. Street Work. — "All excavated material shall be disposed of as fol- lows: First, it shall be used to make any fills necessary to bring the foun- dation of the street to the proper grade; second, it shall be deposited on any street or alley or lot or parcel of land within one thousand feet of the place of excavation, which may be selected or designated by the engineer, and third, the balance of said material shall be removed from said street by the con- tractor and at his own expense, and may be sold or otherwise disposed of as he may elect, "The city reserves the right to all cobble stones, gutter crossings and cross walk stone in good condition, after the same, have been taken up by the contractor, who shall use due care in handling the same so as not to break them, and shall carefully pile the same at such points on intersecting streets as the engineer may direct." c. Trenches. — "The material from the trenches shall be so deposited as to interfere as little as possible with public travel or the convenience of the residents on the thoroughfare in which the excavation is made." d. Trenches. — (a) The excavated material or other material used on the work shall be laid compactly on the sides of the trench, and kept piled or trimmed up so as to be of as little inconvenience as possible to the traveling public and adjoining tenants. (&) Said material shall not obstruct the gutter of any street, and all proper measures shall be taken to provide for the free passage of surface water along the gutters. (e) Canal. — The contractor, except as hereinbefore specified, is to dis- pose of all material to be excavated under the terms of this contract at his own expense, and in the most convenient manner, in waste banks on the right of way; provided, that the foot of the inner slope of said banks shall not be nearer to the edge of the main channel than 50 feet, measured at an elevation of 10 feet above datum, and that the foot of the outer slope shall not approach the margin of the right of way closer than 10 feet, nor encroach on the channel of the Desplaines river as finally established, and so as to materially interfere with the flow thereof; the slopes next the chan- Specifications for Fundamental Processes 249 nel and said margin of river to be not less than one and one-half to one, and said waste banks to be within the limits of 450 feet from the edge of the main channel, and provided that this shall not be construed to prevent any other disposition of the material with the consent of the engineer." (Spec. San. Dist. of Chicago.) (P) Overhaul. — "All material shall be delivered at such points, within fifteen hundred feet of the work, as the engineer may direct. On any ma- terial delivered at a greater distance, 'overhaul' will be allowed for each one hundred feet in accordance with the prices named in the accepted and at- tached proposal. § 22. (Q), (R), (S) and (T) Completion and Maintenance. (Q) Grading. Leveling and Dressing, (a) "The slopes of the embank- ment shall be carefully and evenly dressed to the lines given; all to the satisfaction of the engineer." h. "The slopes shall be carefully brought to the proper sub-grade and dressed with four inches of loam of approved quality." {R) F)Odding and Seeding, (a) Sodding. — "After the slopes are dressed to grade they shall be sodded with fresh cut sod carefully pinned in place, which shall be kept well watered for 30 days thereafter." t). Seeding — "After the slopes are covered with a loam dressing, as elsewhere specified, they shall be carefully seeded with blue grass, and also sown with oats to protect the young grass. The seeding shall be carefully watered for 30 days thereafter. (S) Continuous Prosecution of Woi~k. — "Should treacherous material be encountered such as quicksand, running sand, etc., and the conditions of the work, in the opinion of the engineer so demand, the work shall be pushed with the utmost vigor and shall be carried on continuously night and day." (T) Maintenance, a. "All embankments are to be maintained for one year after completion, and any erosions shall be carefully filled and com- pacted, and the work shall be left in condition satisfactory to the engineer at the end of the year period. § 23. Assignments on Specifications for Earth and Rock Work. — The student should be assigned one or more of the following subjects and be required : 1. To outline the various subject headings which should be in- cluded in a specification for the required work. 2. To prepare or select proper specifications which will assure a correct understanding of the nature of and the manner in which the required work is to be done. Note. — In each case it will be desirable to give the subjects a local significance by applying the work to local conditions that can be inves- tigated, and by giving definite dimensions to the work. 230 Notes on Contracts and Specifications Excavatioti and Grading: Excavation for the basement and foundations of a building. Grading around a public building. Grading an athletic field. Grading a city block for building purposes. . Regrading a hilly portion of a city (hydraulic process). Grading a street through a considerable rise. Excavation for pavement and preparation of subgrade. Stripping and Grubbing: Stripping surface for reservoir. Stripping surface for quarry or open mine. Fills and Embankments: Filling across a ravine for highway purposes. Construction of levee by scrapers. Construction of levee by machinery. Construction of a railway fill by scrapers. Construction of a railway fill by steam shovels and cars. Excavation for culvert under railway in operation. Construction of earthen reservoir dam by scrapers. Construction of earthen reservoir dam by cars. Construction of earthen reservoir dam by machine work. Construction of earthen reservoir dam by hydraulicing. Ditching and Dredging: Construction of an irrigation canal, hand finished for lining. Construction of drainage (or irrigation) ditch by hand work. Construction of drainage (or irrigation) ditch by scrapers. Construction of drainage (or irrigation) ditch by machinery. Dredging a river bed for boat channel. Dredging a river or lake for a dock. Excavation within cofiferdam for dam foundations. Excavation within cofferdam for pier foundation. Shaft and Tunnels: Construction of tunnel in earth for railway. Construction of tunnel in earth for aqueduct. Excavating a dug well. Excavating a mine shaft. Trenching: Construction of trench for pipe sewer. Construction of trench for brick sewer. Specifications for Fundamental Processes 251 Construction of trench for concrete sewer. Construction of trench for water pipe. Construction of trench for electric condui'ts. Construction of trench for electric cable. Miscellaneous: Excavation for transmission tower base in hard ground. § 24. Assignments of other Fundamental Processes. Bank Protection : Furnishing and placing heavy riprap. Furnishing and placing riprap paving. Furnishing and placing block stone paving. Furnishing and placing rock filled timber cribs. Brick Masonry: Laying common brick in walls of building. Laying fire brick and common brick in boiler setting. Laying face brick in building fronts or enameled brick in engine room wall. Laying hard brick in boiler room floor or sidewalk. Laying brick in sewers, chimneys or pavements. Laying common brick in bus bar compartments. Brush Mattress: Making and placing, including covering with riprap and sinking. Carpenter Work: Constructing concrete forms (finished work or rough work). Framing timbers for crib dams or trestle work. Framing timbers for headings and tunnels or shafts. Coffer Dam: Clay embankment (for shallow water). Sand and clay embankment with sheet piling inner wall. Two rows of sheet piling filled with puddle. Rock-filled crib with outer sheeting of wood. Rock-filled crib with outer sheeting of steel. Concrete Work — Plain or Reinforced : Making concrete (mixture") and placing foundation of roads or machinery. For retaining wall or piers and abutments. For sidewalk, floors or curb and gutters. 7 Mixture to be selected or assigned. 252 Notes on Contracts and Specifications For arched bridge or culverts. For ditch or tunnel lining. Concrete Work — Reinforced : For fence posts, bearing piles or transmission poles. For reservoirs — walls and bottom or lining. For beams, slabs or columns. For sewer pipe or culverts. Feiicing: Railroad right of way or highways. Farm property for horses, cattle or poultry. Highway and Street Construction: Foundations of gravel, cinders, concrete, broken stone or Telford. Surface of gravel or crushed granite. Macadam (water bound, oil bound or with bituminous wearing surface). Cedar block, Douglas fir block or creosoted wood block. Vitrified brick or stone blocks, sheet or block asphalt. Machinery and Appur'tenances: Furnishing steel castings for gears. Furnishing steel forging for connecting rods or shafting. Furnishing iron castings for engine cylinders and machine frames. Furnishing castings for large gears (uncut or cut gears). . Furnishing brass castings for bearing boxes. Machine Shop Work : Boring engine cylinder. Forming and finishing piston rod and connecting rod. Making and furnishing bolts and nuts (ordinary or finished work). Riveted work for large penstock or turbine housing. Riveted work for ordinary return tubular boiler. Riveted work for best Scotch marine boiler. Riveted work for house tank or standpipe. Painting: Steel bridge or steel poles and towers. Frame building (exterior) or windows and door frames of brick power house. Steel standpipe or steel penstock. Interior steel trusses of power house or plaster walls of engine room. Finishing hard pine floor or wainscoting of engine room. Specifications for Fundamental Processes 253 Piling : Driving bearing piles for foundation of power station or brick chimney. Driving sheet piHng in a dam foundation of wood or of steel. Driving concrete bearing piles or casting concrete bearing piles in place. Sawing off round piles under water or cutting off steel poles in place. Pipe: Furnishing and laying lead joints or flange joints. Furnishing and laying concrete sewer pipe or reinforced concrete conduit. Furnishing and laying vitrified sewer pipe. Furnishing and laying riveted steel pipe. Piping for connecting steam engine and boiler of steam engine and condenser. Covering exposed water pipe over bridge or to elevated tank. Plastering, etc. : Placing wood lath or metal lath. Placing back plastering, scratch coat, brown coat or finishing coat. Rock Work: Quarrying stone for building, rubble, concrete or riprap. Excavating rock for railway cut (in dry) or navigation canal. Excavating rock for shaft or tunnel. Roo^ng: Laying shingles of wood, asbestos or slate. Laying roof of slate, tile, tar and gravel, composition or metal. Stone Masonry: To cover size, laying, bond, joints, etc. To cover bridge pier masonry of coursed ashlar. To cover building pier of uncoursed rubble. To cover dam of broken ashlar. To cover retaining wall of coursed rubble. To cover wall of building, random range ashlar. To cover buildings, dressed faced coursed ashlar. Transmission Line: Framing and erecting timber poles. Stringing conductors and galvanized steel ground wire. Setting concrete bases or distributing tower material. Assembling and erecting towers and hanging insulators. CHAPTER XVI SPECIFICATIONS FOR MACHINERY AND APPARATUS § I. Divisions. — Specifications for machinery and apparatus may be divided into three classes. First. G.eueral specifications are usually prepared for occasions when it is proposed to purchase standard designs of manufactured ma- chinery. Such specifications should definitely designate : A. The kind and number of machines to be furnished. B. The purpose for which they are to be used. C. The capacity. D. The condition of operation. E. The conditions of delivery, foundations and erection. F. The tools and appurtenances required. G. The time of delivery. H. The specification may also include such other special require- ments in regard to type of machine desired as will confine the bidders to the machine more nearly fitted for the requirements of the condi- tions. /. The requirement of full specifications from the bidder as to the particular characteristics of the machine he proposes to furnish. Second. Detailed specifications are usually prepared for occa- sions when it is proposed to purchase machines which are designed by the manufacturer but which are manufactured to order and are more or less special, in accordance with the demands of the purchaser. Such specifications not only accurately define the requirements outlined under "General Specifications" but also describe at consid- erable length the requirements for material, workmanship, finish and strength of all or the principal parts of the machine to be furnished. Third. D.csign specifications are usually accompanied by com- plete detailed plans, and designate definitely and minutely in full de- tail every part and portion of the machine to be provided, describing the material from which it is to be made, its qualities and strength, the workmanship and finish, and the weight, size and dimensions of all parts. Specifications for Machinery and Apparatus 255 The above divisions are more or less arbitrary and in practice such specifications often grade imperceptibly from one to the other. § 2. General Specifications. — In general specifications for ma- -chinery and appurtenances, all essential requirements of the machine needed, and the work to be done by it, should be specified. These •should be given in suf^cient detail so that manufacturers may under- •stand what class of machinery is desired or what class is best adapted to the work. In such specifications, all general requirements that are fixed by the conditions should, so far as possible, be specified. If the machine must be horizontal or vertical, if its size must be limited, or if there are any other requirements which are definite and can be fixed, they should be stated. The conditions of installation and the ■other requirements for a pump will usually determine whether it should be a steam pump or a power pump, and if the latter, whether it should be reciprocating or centrifugal. If a power pump is re- quired, the prime mover to be used is usually known, and whether it will be operated by rope drive, belt or by direct connection. The requirements for a steam engine will usually determine whether it should be simple or compound, condensing or non-condens- ing, and probably define certain other features which should be spe- cified. Unless the specifications limit the most common details, the bids under them will often embrace an exceedingly great variety of ma- chinery which will differ widely in the manner in which it will fulfill the requirements. Such a multitude of proposals for a great variety of machines, differing widely in character, will be difficult of com- parison even when the engineer is thoroughly familiar with the type of machinery in question and with the effect of changes in design on the economy of operation, and will leave the novice or those unfamiliar v^ith the machinery greatly perplexed. General specifications, where few or no details are included, are best adapted to occasions on which the competition can be limited to manufacturers known to be responsible and experienced, and whose line of goods can be taken largely on its merit with little or no ques- tion in regard to the character of material or of details. Where, as in the case of public lettings, the competition must be opened to all, and the award must be made to the lowest responsible bidder, such specifications do not ofifer a sufficient protection to the purchaser, and greater detail is essential. For such letting-s, it is nee- 256 Notes on Contracts and Specifications essary to protect the purchaser from unscrupulous bidders, and the specifications must be drawn so complete as to prevent the use of im- proper material and construction. Limiting Details. — It is usually undesirable, except in special cases, to limit in great detail the dimensions of the parts of standard machinery. The standard machines of all first class manufacturers possess characteristics peculiar to that maker, characteristics on which much of the success of the machinery often depends, and on which the reputation of the manufacturer has been established. Specifica- tions requiring changes in such designs should seldom be written, ana then only when the peculiar local conditions absolutely require such changes. If the type of machinery made by such a manufacturer comes within the requirements of the case in hand, the specifications should be drawn so broadly as to admit the use of the valuable features of' all first class makers. For example, in pump and engine specifica- tions, it is usually undesirable and unfair to specify certain exact cyl- inder sizes and dimensions for, as a rule, no advantage will result, and the manufacturers whose standards are different are greatly and un- justly handicapped thereby. Similar unnecessary requirements con- cerning the exact dimensions of other portions of an engine or of other machines should be avoided. § 3. Selections. — AMiere specifications are general and riot speci- fic, the standing and experience of the maker become important and an investigation of his general reputation, the length of his experience, the facilities he possesses for manufacturing, and the design and work- manship of the machinery ordinarily made by him, is desirable. Fre- quently, extensive manufacturers of a certain class of machinery make a specialty of a certain type or capacity, and in such cases may not have the experience necessary for the successful manufacture of ma- chinery of a different type or capacity. A machine furnished and manufactured by such parties often possesses the general characters of experimental work, and is likely to be only partially successful. Letters and references are of little value in this connection, unless carefully investigated and found to be from responsible disinterested parties, and based on a class of machinery similar or identical with the class needed for the particular purposes at hand. § 4. Detailed Specifications. — The preparation of detailed spe- cifications departs from the general specifications only in the elabora- tion of the specification of details. Specifications for Machinery and Apparatus 257 Detailed specifications for standard machinery can generally be drawn in such a manner as to avoid the necessity of requiring special machines. The general details adopted by first-class manufacturers can be specified, and, where practice differs, specifications may be so drawn as to admit the alternative of two or more first-class methods of manufacture. Such a method manifestly demands an intimate knowl- edge of correct practice, but such a knowledge is always necessary for correct specification writing. Considerable experience with the particular kind of machinery or apparatus in question is necessary before the engineer should venture to issue specifications in great detail. The builders of first-class ma- chinery, wdio are usually men of extensive experience, are slow to take contracts to manufacture machinery which is more or less special, and which may depart radically from the types or details they have found most desirable in their own line. Usually such specifications should be confined to requirements for workmanship and material, ample dimension and strength, and other requirements which will assure first-class construction and economy of operation without modifying seriously the fundamental design of the manufacturer. § 5. Design Specifications. — When plans for a machine of new design are prepared, full and detailed specifications, describing the character of material and workmanship of each part, are essential and should accompany the working drawings. Such specifications admit of great elaboration, but even in such cases the design and specifica- tions should be kept within standard commercial lines with regard to sizes of rods, bolts, etc., wherever possible. Such specifications re- quire an intimate knowledge of the principles and practice of design and manufacture, and should be attempted only by the practicing en- gineer of experience. Contracts for special machinery of any kind can, of course, usu- ally be placed, if such machinery is essential to the particular installa- tion in view. Competition for such work however is limited, and the expense of departing from regular designs is often so considerable as to make the price of special machinery considerably greater than that of regular types. This is essentially true of machines that can be classed as "standard," which are in general use and are manufactured in large quantities. In other classes of machinery and apparatus which are simple in design and more or less special, it is sometimes found that a considerable saving can be made over prices demanded 258 Notes on Contracts and Specifications by manufacturers for the adaptation of their special designs, by the preparation of detailed plans and specifications for the manufacture of a particular machine for a special purpose on carefully selected and economical lines. § 6. Preparation of Specifications for Machinery. — In general, whenever a specifications is prepared for any particular machine, it must contain certain information which will be necessary as a basis for any intelligent proposal for the same. Every specification must be complete to this extent, even though it be in the simplest possi- ble form, such as a letter of inquiry for prices on the machine desired. From such a simple form, the specifications may be elaborated to the extent that the engineer finds it desirable to be more explicit as to his requirements for certain specific features, and even to the extent of including full detailed specifications (together with full detailed plans) for the size, dimensions, material and workmanship for each and every part of the entire machine. In considering the simplest requirements for machinery specifica- tions on which an intelligent bid may be made, certain data are found to be absolutely essential and certain other data are desirable. These may be classified as : A. Specifications which must always be included, and B. Specifications which should be included when practicable. In the preparation of specifications for machinery or apparatus, it is essential, especially for the young or inexperienced engineer, to prepare an outline for the general requirements which should be em- bodied in the specifications for the machine or apparatus under con- sideration. The manner in which this may be done is shown in the following outlines which have been used for some years by the -author in his own professional practice. § 7. General Requirements for Specifications for Steam Boilers. A. Specifications for steam boilers must always include: (a) Number of boilers required. (6) Steam pressure which the boilers will be called upon to furnish. (c) Boiler capacity required — Boiler horse power. Number of pounds of dry steam at specified pressure horse power and description of machinery for which steam is to bo furnished. (d) Purpose for which boilers are desired. (e) Boilers to be delivered where. Specifications for Machinery and Apparatus 259 (/) Foundations and settings to be furnished by whom. (g) Boilers to be erected by whom. (h) Specify tools, fittings and equipment to be furnished with boiler, which may include some or all of the following: Complete boiler settings. Grates, plain or rocking. Smoke stacks and guys. ' Furnace tools. Safety valve. Steam gauge, with siphon. Water gauge with stand-pipe. Gauge cocks. Blow off valve. Check valve. Stop valve. Whistle steam piping and covering. (i) Time of delivery. (;■) The bidder should be required to specify: Diameter of boiler. Length of boiler. Number, diameter and length of flues or water tubes. Weight of boiler. Weight of fixtures. Thickness of shell. Thickness of head. (k) Bidder should be required to furnish setting diagram showing floor space occupied, and position of all pipes and connec- tions, or catalogue cuts or prints showing the type of boiler offered. (I) It is desirable to require the bidder to submit detailed specifica- tions describing the general and particular features in the construction of the boiler on which the proposition is sub- mitted, (m) Avoid so far as possible specifying exact dimensions of features mentioned under "j," for all detailed specifications requiring departures from the maker's standard, mean extra and often unnecessary expense. B. Boiler specifications should also include: (a) Position — vertical or horizontal, (ft) Type: Plain cylinder. Return tubular. Locomotive. Scotch marine, or Other internally fired boiler. Water tube. 260 Notes on Contracts and Specifications (c) Economy: Efficiency or economy required. Tests to be exacted. (d) Guarantee, insurance and forfeiture: Guarantee and insurance for one year against accident due to poor workmanship or material. Forfeiture for delay and premium for early completion. (e) Payments. § 8. General Requirements for Specifications for Steam En- gines. A. Specifications for steam engines must always include: (a) Number of engines required. (&) Steam pressure under which the engines will be operated. (c) Horse power required. r Direct-connection to drive ] .^, (d) Engines to be used for J Belt-connection to drive f -u- .9 (^ Rope transmission to drive ) (e) Engines to be delivered where. (/) Foundations to be built by whom. (g) Engines to be erected by whom. (h) Specify tools, fittings and equipment to be furnished with engine, which may include some or all of the following: Sub-base. Indicator connections. Steam separator and trap. Driving pulley, clutch couplings, or other connections. Governor size — if throttling. Steam pipes and covering. Drain or drip pipes. Throttle valve. Oiling devices. Foundation bolts. Tools and wrenches, (i) Time of delivery. (;) The bidder should be required to state the dimensions of the fol- lowing parts of the machine on which he bids: Diameter of cylinder or cylinders. Length of stroke. Diameter and length of main bearings. Diameter and length of crank pin. Diameter and length of cross head pin. Dimensions cross head bearing surface. Diameter of fly-wheel. Weight of engine. Specifications for Machinery and Apparatus 261 (k) Bidder should he required to furnish setting diagram showing floor space and position of pipes, catalogue cuts or prints showing general type of machine offered. (Z) In general it is desirable to required bidders to submit detailed specifications describing the general and particular features in the construction of the machine on which a proposition is submitted, (m) Avoid as far as possible specifying exact dimensions of cylinders, or other features mentioned under "j," for all detailed speci- fications requiring departures from the maker's standards mean extra and often unnecessary expense. B. These specifications should also include: (a) Position — vertical or horizontal. (&) Expansion — simple or compound; cut-off; cylinder ratio; number of expansions or release pressure. (c) Condensing or non-condensing. (d) Type: Slide valve. Automatic. Corliss, etc. (e) Speed: Piston speed. Number of revolutions, or Speed of periphery of band wheel. Where the engine is to be purchased to drive a particular ma- chine, either by belt rope or direct connection, the speeds of both driver and driven must be so mutually arranged as to obtain the required results. (/) Arrangement of crank: Center crank. Side crank. (g) Regulation and economy: Regulation or limiting variation of speed under variations in loading. Efficiency or economy required. Test to be exacted. ( h ) Finish : Lagging. Painting. Polishing. (i) Guarantee and forfeiture: Guarantee for one year against breakage due to poor work or material. Forfeiture for delay, and premium for early completion. (./) Payments. 262 Notes on Contracts and Specifications § 9. General Requirements for Specifications for Pumps. A. Specifications for pumps must always include: (a) Number of pumps required, and whether steam or power pumps, (ft) Steam pressure under which the pumps will be operated. Water pressure which the pumps will be required to furnish, (c) Capacity of pumps required in gallons per minute, or million gal- lons per day. id) Service on which pumps are to be placed. Fire service. Elevator service. Direct pressure water works system. Pumping into a stand-pipe. Pumping into a reservoir, (e) Pumps to be delivered where. {f) Foundations to be built by whom. ig) Pumps to be erected by whom. (7i) Specify tools, fittings and equipment to be furnished with pumps> which may include some or all of the following: Indicator connections for both steam and water end. Steam pipe connections and covering. Steam separator and trap. Size of driving pulley. Drain or drip pipes and air cocks. Throttle valve. Oiling devices. Foundation bolts. Tools and wrenches, (i) Time of delivery. (;■) Bidder should be required to specify diameter of cylinder or cylin- ders. Length of stroke. Weight of pump, together with such other information as the particular type of pump purchased will make desirable, (fc) Bidder should be required to furnish setting diagram showing floor space and position of pipes and connections, catalogue^ cuts or prints showing general type of machinery offered. (Z) In general, it is also desirable to require bidders to submit detailed specifications describing the general and particular features in the construction of the machine on which the proposition is submitted. B. These specifications should also include: (rt) Position — vertical or horizontal, (ft) Expansion — simple or compound. Cylinder ratio. Number of expansions, or release pressure, (c) Condensing or non-condensing. Specifications for Machinery and Apparatus 263 (d) Type: Single cylinder double acting. Duplex cylinder double acting. Crank and fly-wheel high duty. (e) Speed: Piston speed. Number of strokes or revolutions. (/) Economy: Duty. Efficiency or economy required. Test to be exacted. (g) Finish. Lagging. Painting. Polishing. (h) Guarantees and forfeitures. Guarantee for one year against breakage due to poor work or material. Forfeiture for delay, and premium for early completion, (i) Payments. § 10. General Requirements for Specifications for Electric Gen- erator or Motor. A. Specifications for electric generators or motors must always include: (a) Number of machines required. (6) Class of machinery: Direct current, voltage, winding (shunt, compound or series). Alternating current: Voltage, regulation, frequently, phase and power factor un- der which machine will operate. (c) Capacity required in kiloAvatts or H. P. overload requirements. (d) Generator or motor to be used: Direct connected. Belt connected, or Rope connected to what machine. (e) Machines to be delivered where. (/) Foundations to be built by whom. (g) Machines to be erected by whom. (h) Specify tools, fittings and equipment to be furnished with ma- chines, which may include some or all of the following: Switch-board and connections, including voltmeter, ammeter, wattmeter, lightning arresters, switches, lights. Portable measuring apparatus, including voltmeters. Ammeters. - (i) Time of delivery. (;) The bidder should be required to specify type of machine on which proposition is made. 264 Notes on Contracts and Specifications Number of revolutions. Diameter and length of main bearings. Type of bearing. Efficiency at full, three-quarters and half load. Size of pulley (if used). Class of belt, or other connecting mechanism to be furnished. Guaranteed limit to heating under load. (k) Bidder should be required to furnish setting diagram showing the floor space and position of connections, catalogue cuts or prints showing general type of machine offered. (l) In general, it is desirable to require bidders to submit detailed specifications describing the general and particular features in the construction of the machine on which the proposition is submitted, (m) Avoid as far as possible specifying exact dimensions or other features mentioned in "j," for all detailed specifications re- quiring departures from the maker's standard mean extra and often unnecessary expense. B. Specifications for this type of machinery should also include: (a) Greater detail concerning type of machine desired. (&) Speed: Necessary specifications controlling speed, modified by the pur- pose for which machine is to be used, (c) Regulation and economy: Regulation limiting variations of speed under variation in load. Efficiency or economy required under variations in loa) Stuffing boxes. C Water valve construction: (a) Design. (&) Valve discs. (c) Suction valves. id) Force valves, (e) Valve springs (/) Valve seats. D. Power end: (a) Pinion shaft. (&) Pinion and gears. (c) Gear guard. id) Speed of operating motor. (e) Size of driving pulley, friction clutch, etc. (/) Revolution. E. Connections. (a) Connecting rods. (?)) Cross head and cross head guides. (c) Main crank shaft. F. Water connections. (a) Hand holes. 272 Notes on Contracts and Specifications (b) Air chamber and fittings. (c) Vacuum chambers. id) Drip cocks. (e) Air cocks. (/) Air inlet. (g) Priming pipes. (h) Suction entrance. G. Lubricators and oil cups. H. Pipe sizes: (a) Suction and discharge pipes. (&) Small piping. I. Foundation bolts. J. Foundation. 11. Painting and finishing. 12. Furnishings: A. Oilers and tray. B. Tools. C. Pressure gauge. D. Gauge boards. E. Revolution counter. F. Relief valve. G. Gate valve. H. Check valve. 7. Connections. 13. Erectioti. 14. Marks. 15. Factory tests: A. Of air chamber. B. Of pump. 16. Tests for acceptance : A. A test for smoothness of working. B. Test for machine friction. C. Test of tightness and strength. D. Test of slip. E. Test for maximum working pressure and delivery, 17. Guarantee and insurance. 18. Time of completion. 19. Payments. § 17. Outline for Specifications for Duplex Steam Pump. 1. Extent of contract. 2. Class of pumps. 3. Description of pumps. 4. Drawings. 5. General design. 6. Service. Specifications for Machinery and Apparatus 273 7. Material. 8. Construction of pumps. A. Construction of water end. (a) Valve design. (&) Valve disc, (c) Suction valves. id) Discharge valves. (e) Valve springs. (f) Valve seats. (g) Hand holes. (h) Suction entrance. (i) Air chambers. (j) Vacuum chambers. (k) Drip cocks. (l) Air cocks. (m) Priming pipes. B. Construction of steam ends. (a) Steam ports. (&) Steam valves. (c) Cushion valves. (d) Clearance in cylinders, (c) Valve adjustment. C. Fittings. (a) Piston rods. (6) Valve rods. (c) Water plungers. (d) Stuffing boxes. D. Finishing. (a) Lagging. (&) General finish. 9. Pipe connection: A. Suction and discharge. B. Steam pipes. 10. Furnishings: A. Oilers and tray. B. Oil cups. C. Tools. D. Steam gauges. E. Revolution counter. F. Throttle valve. G. Relief valve. H. Cut-off valve. /. Stroke gauges. J. Connections. K. Foundation bolts. L. Foundations. 274 Notes on Contracts and Specifications 11. Erection. 12. Marks. 13. Factory tests: A. Of air chambers. B. Of pumps. 14. Tests for acceptance. A. Test for smoothness of working. .5. Test for machine friction. C. Test for tightness and strength. D. Test for slip. E. Test for maximum working pressure and delivery. J.5. Guarantee and insurance. 16. Payments. § i8. Outline for Specifications for a Pumping Engine. 1. Eo)tent of contract. 2. Number and class of engines. 3. Service. 4. Duty. 5. General design. 6. Construction of pumping engine: A. General description. B. Frame work. C. Galleries. D. Steam cylinders. E. Lagging. F. Throttle valve. G. Steam separator. . H. Condenser. I. Governor. J. Water end: (a) Water way. (b) Valves and valve disc. (c) Plunger and plunger rod. E. Air and vacuum chambers. L. Air chamber fittings. M. Drip cocks. JSf. Air cock. 0. Air inlet. P. Priming pipes. Q. Oil cups and lubricators. R. Indicator and connections: (a) Indicators. (&) Reducing motions. (c) Springs. (d) Scales. Specifications for Machinery and Apparatus 275 (c) Planimeter. (/) Connection. »Sf. Foundation bolts. 7. Furnishings: A. Oiler and tray. B. Tools. C. Revolution counter. D. Pressure gauges: (a) Standard. (&) Recording. E. Gauge board. 8. General ivorkmanship and material: A. Flanges. B. Nuts. C. Piping. D. Painting and finishing. 0. Foundation. 10. Erection. 11. Marks. 12. Guarantee and insurance. 13. Time of completion. 14. Tests and acceptance: A. Inspection and time allowed for tests. B. Tests for smoothness of workings. C. Tests for maximum working pressure and delivery. D. Duty tests. 15. Payments. § 19. The Specifications. — After the preparation of the outhne previously described, the engineer should prepare with great care the specifications for the machine or appliance desired. All that has previously been discussed in regard to the writing of specifica- tions should be kept fully in mind, and everything should be done to assure that the specifications shall be full and complete, clear and explicit. If the outline has been prepared with care, the atten- tion of the engineer can be confined to the preparation of the spec- ification in careftilly worded and exact language which will assure a clear interpretation of his requirements by the elimination of all indefinite, indeterminate and ambiguous language, and if all arbi- trary, unfair and unnecessary requirements are eliminated, he will be reasonably assured of low and intelligent proposals. The fol- lowing statement of the requirement of general specifications and the examples given will still further illustrate the matter and ar- rangement suggested. 276 Notes on Contracts and Specifications § 20. General Specifications for Machinery. — When general specifications for machinery are to be issued they should inchide the following: (For examples under each heading see specifica- tions following for steam engines and boilers.) 1. Extent of Work. — In this specification should be defined in general terms what is required under the contract, including : A. The furnishing of the machine, or number of machines re- quired ; B. The point of delivery ; C. The preparation of foundations, and by whom ; D. The erection, and by whom ; E. The various furnishings, tools, fittings and equipment re- quired with the machine. 2. Capacity. — Under this head, the capacity of the machine should be specified. This specification should define the amount, quantity or rate of work which the machine will be required to do or accomplish in a specified time. 3. Service. — Under this head should be included the specifica- tions regarding the pressure or intensity under or against which the machine is to operate. This would include, in steam driven ma- chinery, the steam pressure to be furnished to operate the machine, and in pumps, compressors or electrical generators, the pressure against which the machinery is to operate. 4. Type of Machinery. — In many classes of machinery, special types of machines are capable of operating with a greater or less degree of economy, and wherever possible the selection of the type of machine should be made by the engineer preparing the specifica- tions, without necessarily entering into the details of construction. When the type is given, the variation in the bids received is largely limited, and the selection of machinery becomes more largely a question of price than where a large variety of types are consid- ered. 5. Furnishings. — This specification should cover a description of the accessories, furnishings and fittings which are to be supplied with the machine in question ; it should include any auxiliary ma- chinery or apparatus and appliances which are desired and which are not normally a part of the machine. 6. Design. — This specification should cover the details of the machine which are either definitely specified or which are to be left Specifications for Machinery and Apparatus 277 to the manufacturer to select in accordance with his own practice. The elaboration of the specifications for type and design is the es- sential feature in which the detailed specification varies from the general specifications. In general, the design of any machine should be — "such that all working parts shall be readily accessible for inspection and repair, easily duplicated, and readily replaced, with each and every part of the machine properly designed and suitable for the uses and service required." 7. Drawings and Plans. — This specification should describe the plans to be furnished by the bidder. These should usually include foundation plans, showing the general plan or outline of the ma- chine, including its general dimensions, with the location of all con- nections, and this specification should also require the furnishing of catalogues or photographs showing the machinery under considera- tion in satisfactory detail. A specification requiring the furnishing of detail working plans is not usually advisable. Most responsible manufacturers rightly refuse to part with such drawings which are largely the work of their extensive experience and are of too great value to be made public property. In special work, however, or when the manufacturer is present- ing a newly designed and untried machine, a requirement for the production of the detailed plans is often advisable, and may be nec- essary for safety. Such a requirement is useless, however, unless the engineer is sufficiently acquainted with machine design to be able to intelligently criticise the designs when so presented, and in other cases the reputation and experience of the manufacturer must be the main safeguard. 8. General Guarantee and Insurance. — Under this head should be included a clause similar to the following : "The contractor guarantees the design, workmanship and material to be as described and specified herein, and also as described and specified in the detailed specification hereto annexed and hereby made a part hereof. "He further guarantees that all work and all material in said machinery shall be of the best quality and first-class in every particular. "He further agrees to replace any portion of said machinery shown de- ficient by the tests to be made on said machinery, or otherwise, or which shall within one year thereafter fail on account of being deficient in work- manship or material." 278 Notes on Contracts and Specifications 9. Detailed Specifications. — This specification should require the manufacturer to furnish detailed specifications covering all features of the machinery, including workmanship and material, with such guarantees in regard to regulation, operation or economy as are to be required from him or given by him. Such specifications should be required to include specifications in detail of all furnishings to be supplied by him. 10. General Information. — Under this head the contractor should be required to describe with brevity the main dimensions of the im- portant parts of the machine to be furnished, including the total weight of machine, weight of such parts as may be essential for comparison, revolutions or speed, and the various essential facts on which a comparison of the class of machinery to be furnished can be most satisfactorily made, including also time of delivery or of completion. There should usually be included in the specifications, a list of the data required with blanks left to be filled out with same. By this means comparison and selection will be greatly facilitated. § 21. Specifications for Furnishing a Boiler. I. Extent of Contract. — This contract shall include the furnish- ing of the following described boiler for , including all neces- sary accessories, as herein specified, and in accordance with the detailed plans and specifications submitted by the contractor and accepted by the party of the first part, which plant shall include the following items : A. The boiler complete. B. The erection of the same, including furnishing all material and labor for the foundation and setting of the boiler. C. All stop and safety valves and connections. D. Nickel plated eight-inch (8") dial gauge and gauge cocks and water column. E. The steam pipe to the engines, suitably covered and pro- tected. F. All necessary feed and blow-off pipes, valves and connec- tions. G. Fire, cleaning and other tools. H. Track scale and hot water meter. /. Shaking grate bars of acceptable pattern. /. Stack connections. Specifications for Machinery and Apparatus 279 2. Number Required. — There shall be one (i) one hundred and fifty (150) horse power boiler. 3. Rating. — The horse power of the said boiler shall be rated on an evaporation of thirty (30) pounds of water per horse power per hour under seventy (70) pounds of steam pressure, with feed water at a temperature of one hundred degrees (100°) Fahr., or the equiv- alent to such conditions. The boilers shall be designed to sustain a working pressure of one hundred and fifty (150) pounds. 4. Type of Boiler. — The boiler shall be an internally fired return tubular boiler, water tube boiler, or return tubular boiler. 5. Description and Drazdng. — Detailed description and draw- ings, tracings or prints shall be furnished, describing and showing in detail the dimensions of all and every part of the boiler and the appurtenances thereof. Said descriptions and drawings shall show the size and thickness of all plates and pipes, the character of ma- terial from which all portions of the boiler are to be made ; and said description and drawings shall indicate clearly, the construction and method of operation of all the details. These drawings shall comply strictly with the specifications, and the boiler when set and ready for use must conform strictly with the drawings as furnished by the contractor and accepted by the party of the first part. 6. Furnace and Setting. — The furnace shall be first class in every particular and of suitable design. The furnace and all parts ex- posed to the direct flames shall be lined with the best quality of fire brick, set with two by eight inch face to the fire, and said brick shall be set in tempered fire clay. Boiler must be so designed and ar- ranged as to prevent all unnecessary radiation and, if necessary, the boiler shall be set in a suitable air-tight brick setting and all ex- posed parts shall be covered with magnesia sectional covering. 7. Front. — Boiler front shall be of a neat and artistic design ap- proved by the engineer. All joints, seats and faces shall be fitted closely and neatly. 8. Pipe Connections. — All pipe connections necessary for the operation of the boiler shall be made by the contractor and shall in- clude all pipe between the boiler and the feed pump and between- the boiler and engines. Said piping shall be so arranged that this boiler may be used independently or in connection with the boilers already in use, and in such manner that its use can be discontinued at any time and the other boilers used to operate any engine. Said 280 Notes on Contracts and Specifications piping shall be placed on plans approved by the engineer. All steam pipes shall be properly and thoroughly covered with magnesia sec- tional covering containing at least 80 per cent pure oxide of mag- nesia. 9. Furnishings. — There shall be furnished and installed with this boiler all necessary appurtenances for its care and management, including gauges, valves, etc., and all necessary fire and cleaning tools. There shall also be provided one track scale for weighing the coal used in the boilers. There shall also be installed on the feed water pipe, one hot water meter so arranged as to measure the amount of water fed to the boiler and also arranged so that it may be readily tested at any time. 10. Inspection and Insurance. — The boiler shall be inspected and insured by the Hartford Steam Boiler Inspection and Insurance Company, or some other first-class insurance company satisfactory to the party of the first part, for a period of one year, and a receipted bill for paid insurance and a certificate of inspection shall be fur- nished the party of the first part by the contractor. 11. Efficiency of Boiler. — The boiler shall give the efficiency guar- anteed by the contractor in his proposal. Said efficiency shall be based on the evaporation of water into dry steam per pound of com- bustible from and at 212 deg. Fahr. temperature, when burning an average quantity of coal of the quality commonly used for boiler purposes at .or, when preferred, when burning any qual- ity of such kind of coal as may be specified and furnished by the contractor. In either case a continuous test of any duration up to twenty-four (24) hours may be made, and while running the ma- chinery or otherwise, as the engineer may elect. Said test shall be made in conformity with the revised code of the American Society of Mechanical Engineers. 12. Guarantee. — The contractor guarantees the design and work- manship to be as described and specified in these specifications and in the specifications furnished by him and accompanying his bid for the work in question. He further guarantees all work and ma- terial in said boilers to be of the best quality and first-class in every particular. He further agrees to replace any portion of said ma- chinery shown deficient in test or otherwise, or which shall within six (6) months thereafter give out on account of being defective in workmanship or material. Specifications for Machinery and Apparatus 281 13. The contractor further agrees to have the plant complete and erected on foundations and ready for use by the day of , 19. .. Subject to the general form of the contract. 14. Payments. — One-third of the contract price for said boiler shall be due and payable when the boiler is received in apparent good order at One-third additional shall be due and pay- able after the boiler has been successfully tested in accordance with those specifications. § 22. Specifications for Furnishing a Steam Engine. 1. Extent of Contract. — This contract includes the furnishing and erecting a steam engine and appurtenances for , for use in operating a triplex power pump, also the various appurte- nances and accessories described and specified herein, all to be in accordance with these general specifications and the detailed spec- ifications and plans submitted by the contractor and accepted by the party of the first part attached hereto, marked "Exhibit D" and which are hereby made a part hereof. 2. Plant Required. — There shall be furnished one (i) steam en- gine of a capacity of ninety (90) actual horse power. 3. Serviee. — The engine shall be capable of furnishing the actual horse power above specified and shall be so rated at ninety (90) lbs. steam pressure. The engine shall be designed to stand a working pressure of one hundred and ten (110) lbs. and shall be capable of operation at full speed without shock or jar. 4. Steam Consumption. — This engine will operate for domestic service at about forty (40) actual horse power and must be designed for economical operation at this rate. It must also be capable of furnishing ninety (90) actual horse power for fire service. Economy for fire service is not so essential and will not in- fluence the selection of the engine to the extent that the selection will be influenced by economy for domestic service. The steam consumption when delivering forty (40) actual horse power must not exceed forty-five (45) pounds of dry steam for each actual horse power delivered, and a guarantee of greater economy will have addi- tional weight in the selection of the engine to be used. 5. General Design. — The design of said engine shall be such that all working parts shall be readily accessible for inspection and re- pair, easily duplicated and each and every part suitable for the use and service required. 282 Notes on Contracts and Specifications 6. Description and Drazvings. — Detailed description, drawings, tracings or prints shall be furnished showing in detail the size of each and every part of the machinery and the appurtenance thereof, and the character of the material from which the same is to be made, and shall indicate clearly the construction of all details and the manner of working the same. These drawings shall comply strictlv with the specifications, and the machinery must conform strictly with those detailed plans as furnished by the contractor and accepted by the party of the first part. 7. Regulation. — The regulation of speed shall be such that no variation in load from no load to full load shall vary the speed more than three (3) per cent with any boiler pressure between eighty (80) and one hundred and ten (no) lbs. 8. Details. — A. Cylinder Lagging. — The cylinder shall be cov- ered with suitable non-conducting material to prevent radiation. This in turn shall be covered with suitable lagging which shall be prop- erly mounted and shall accurately conform to the cylinder and steam chest. B. Connection for Pozver Transmission. — The power shall be transmitted from the engine to the triplex pump which said engine is intended to operate, by means of a flexible coupling, which shall be under this contract and which shall be so arranged as to take care of any slight error in the relative alignment of the two ma- chines without undue loss by friction or the heating of journals. The flexible coupling shall be of a design approved by the engineer. 9. Indicator Connections. — The engine shall be tapped for the indicator and shall be provided with a set of brass indicator pipes with half-inch angle valve near each tap and pipes to lead to a half- inch standard thread three-w^ay cock at about the center of the cylinder. 10. Separator. — The engine shall be provided with a steam sep- arator of satisfactory design and of suflicient size to protect the en- gine from water in the steam. The drip of said separator shall be connected by one-half (i^) inch brass pipe with a steam trap of ap- proved make to be furnished by the party of the second part. 11. Finishing. — All unfinished iron work on said engine shall be well and thoroughly painted three coats of paint of acceptable color. All lagging shall be neatly finished and all brass work and; Specifications for Machinery and Apparatus 283 polished work shall be finished in a first-class and acceptable man- ner. 12. Pipes. — A. Steam Pipes. — All steam pipes and openings shall be of ample size to prevent undue friction and loss of pressure. The steam piping within the engine room shall be furnished and placed by the contractor for the engine in a manner satisfactory to the engineer. All live steam pipe shall be covered by magnesia sec- tional covering in a satisfactory manner. B. Drain Pipes. — All drain pipes shall be of brass, properly and neatly fitted and so connected as to conduct the drip into the sewer. 13. Foundations.— Tht contractor shall furnish necessary blue print or drawing showing the location of all foundation bolts and the form of foundation required for the engine which- foundation will be furnished by the party of the first part. 14. Funiisliings. — A. Throttle Valve. — A gate throttle valve with flange connections and of approved design and manufacture shall be furnished with the engine and attached to the steam supply pipe to the engine. B. Oili]ig Dei'iees. — There shall be furnished with the engine a. one-pint sight feed lubricator with connections of approved pat- tern, also all necessary oil cups and arrangements for proper and thorough lubrication. C. Tools. — There shall also be furnished with the engine all nec- essary wrenches and tools needed for the proper operation, inspec- tion and ordinary repairs of said machinery. All tools to be of the best workmanship and material and satisfactory to the engineer. D. Foundation Bolts. — There shall also be furnished the neces- sary foundation bolts to be of approved number, size, and length. 15. Erection. — The contractor shall erect the engine on the foundation provided, and shall connect the same w^ith all appur- tenances thereto, including all necessary steam fitting from the en- gine to the main steam pipe, and the equipment of said engine for active service. He shall also furnish a competent man to operate said engine during the test and to give instructions to the engineer of the party of the first part. 16. Marks. — The engine shall be suitably marked wuth the mak- er's name and the principal dimension of the cylinder and length of stroke; the plates containing said data to be of neat and artistic de- si crn. 284 Notes on Contracts and Specifications 17. Tests. — The test for efficiency will be made for a period of ten (10) hours. In the performance of said duty the steam pressure will not exceed one hundred (100) lbs. nor be less than ninety (90) lbs. per square inch. No deductions of any kind wdiatever, other than herein specified, shall be allowed in the estimate for capacity or efficiency. The failure of the plant to perform its duty during such test will cause the rejection of the engines unless the contractor shall make such alterations in said machinery as shall be necessary in order that it shall accomplish the specified duty. The efficiency and economy shall be calculated on the number of pounds of feed water used and on the basis of dry steam. The exhaust of the plant will be delivered into a feed water heater through which the feed water will be forced. The feed water will be taken from the reservoir. The tests shall be made by and under the direction of the consulting engineer. 18. Guarantee. — The contractor guarantees the design and work- manship to be as described and specified in these specifications, and in the specification furnished by him and accepted by the party of the first part for the work in question. He further guarantees all work and material in said machinery to be of the very best quality and first-class in every particular. He further agrees to replace any portion of said machinery shown deficient in the test or otherwise, or which shall within one (i) year thereafter give out on account of being defective in workmanship or material. 19. Time. — The contractor further agrees to have the plant com- plete and erected on foundations by the day of , 19. ., subject to the general conditions in regard to time and com- pletion set forth in the general form of contract. 20. Payments. — No payments shall be made until the plant is erected, tested and accepted, and if the engine shall not prove in the specified test equal in all particulars to the guarantee, then and in that case, the party of the first part shall have the right to use such plant for a period of time sufficient to allow them to purchase and erect another plant of satisfactory design, and the use of such re- jected plant under the conditions above named shall be without ex- pense to said party of the first part otherwise than the cost of oper- ating the same. The agreed price will be paid by the party of the first part when the plant is tested and accepted. CHAPTER XVII SPECIFICATIONS FOR ENGINEERING AND ARCHITEC- TURAL WORKS § I. Subdivisions. — The subject matter of which the specifica- tions for architectural work and for engineering structures and plants are to treat should include : A. The materials, supplies and machinery to be furnished. B. The Avork to be done. C. The methods to be employed in furnishing material or in performing the work. D. The results to be accomplished. In general, the logical arrangement of specifications will call (i) for the description of the work as a whole, and (2) for the de- scription of the same in detail and in the logical order of its con- struction, so far as this can be done, and still complete the detail specification of each part when the description is once begun. In general, the logical arrangement will be. A. General description. B. Foundation or principal features, (a) Accessories or spec- cific details. C. Substructure or secondary features. (0) Accessories or spec- ific details. - D. Superstructure or general details, (a) Acessories or specific details. E. Ornamentation and finishing as a whole and in detail. The main subdivisions of any work should also be described in general and in detail. The general description should, in all cases, be sufiicient to afford a general knowledge of the work or portion of the work under discussion. The detail specifications should be confined to individual features and, in their description, should be exhaustive. In general, such specifications are made up of specifications for fundamental materials, processes, and for machinery, and all that 286 Notes on Contracts and Specifications has been previously stated in regard to those subjects applies to the complete structures, plants or works of which they constitute the elements. Such specifications may include both general and detailed spec- ifications, and in all cases require a considerable special technical experience and knowledge in their preparation. § 2. Outline. — Preceding the preparation of specifications for complete structures an outline should be prepared including all items which should be covered in the required specification. As these structures are even more complicated and contain a greater amount of detail than the subjects heretofore discussed, such an out- line becomes even more important in order that the specifications when prepared shall include all necessary requirements. The fol- lowing outlines will give the idea of such outlines as developed by the author in his professional practice. § 3. Assignments for Preparing Outlines and Specifications for Engineering and Architectural Work. — For the purpose of giving more point and interest to the work of preparing specifications for engineering or architectural works, it is desirable that assignments be based on actual plans for such works which plans should be in sufficient detail so that the requirements can be clearly distin- guished. For student practice the plans selected should be for sim- ple structures as being more nearly within the capacity of the student. Even such simple structures will be difficult for the beginner, and the complicated subjects often assigned are so entirely beyond their comprehension and ability that they simply result in the unintelli- gent copying of other specifications and little consequent benefit to the student. For purposes of assignment, a number of drawings of simple structures are given in the Appendix. A few of these drawings are more elaborate and involve a number of parts into which they may be subdivided. In this way, the preparation of a more elaborate specification can be undertaken by several students, and the idea can be made manifest that all elaborate specifications consist simply of a number of more or less simple parts or features joined together in a consistent and complete whole. Besides the drawings of simple works given in the Appendix, there are occasional plans of simple structures published in the tech- Specifications for Engineering Works 287 Tiical press in form sufficiently complete to afford a fairly satisfac- tory basis for the writing of specifications. The following list contains a few references to such drawings. § 4. Plans from which Specifications may be Prepared. A Superstructure for a Turn Table Eng. Rec, Vol. Bulkhead to Protect Points on New Jersey Sea Shore Leads for Drilling Outfit Standard Gate House for 36" Valve on Steel Pipe Line Railroad Car Bumper Fifteen Ton Guyed Derrick Small Reinforced Arch Bridge " " River Wall at Davenport, Iowa " " Reinforced Concrete Garage " " " Drainage Pumping Station " " " Washington Park Sewage Pumping Station " " " Automatic Reversing Hoist " " " Concrete Pier, Cleveland, Ohio " " Monolithic Concrete Sewer and Trestle Eng. News " Overhanging Pile Driver " " " Timber Bulkhead to Retain Fill Pump House for Group of Wells Snow Shed Plate Girder Railroad Bridge Hollow Concrete Dam " " " Concrete Lamp Post " " " Stone Fill Timber Crib Bulkhead § 5. Outline of Specifications for the Construction of a Building. L Extent of contract: General description of work and material to be furnished under the contract. II. Estimate of quantities: Approximate or exact quantities and kinds of work and material. III. Plans and Dr arcings. IV. Engineering work-lines, grades, etc. V. Special work. VI. Materials: A. Furnished by the owner delivered where. B. If furnished by the contractor: 1. (a) Cement. (ft) Sand. (c) Gravel. (d) Water. 2. Steel, reinforcing. Page 71 290 71 547 71 725 72 407 72 474 72 532 72 599 69 396 70 88 70 137 74 292 74 301 74 258 73, 309 73 399 73 942 71 29 71 1228 74 , 1106 74 1032 74 989 74 740 288 Notes on Contracts and Specifications 3. Steel, structural. 4. Brick: (a) Common. (6) Face exterior. (c) Face interior. (d) Glazed or decoration. 5. Rubble stone. 6. Cut stone: Dressed. Polished. 7. Tile: (a) Wall. (&) Roof. (c) Floor. (d) Coping. (e) Decorative. 8. Lumber: (a) Rough. (T)) Dimension, (c) Finishing. 9. Piling: (a) Bearing. (^) Sheet. 10. Plaster. 11. Doors: Exterior. Interior. 12. Windows. 13. Roofing. 14. Flashing and sheet metal work. 15. Lighting: (a) Conduits. (h) Switches, (c) Outlets. 16. Piping: (a) Gas. (6) Water, (c) Steam. 17. Power and heating plant. "VII. General furnishings: A. Scaffolds, ladders, hoists and other equipment incidental to the proper execution of the work. B. Rough hardware: Nails, spikes, bolts, straps, etc., incidental to the construc- tion. C. Blocking. Specifications for Engineering Works 289 D. Bond timbers. E. Wood centers, templets, forms, etc. F. Temporary covers for door, window and other openings. G. Workmanship. H. Inspection. I. Cleaning premises after completion of work. Villi Foundations: A. Preparation of site: 1. Removing existing structures, etc. 2. Grading. B. Excavation: 1. Earth. 2. Rock. 3. Other excavation. 4. Blasting. 5. Disposal of excess material. 6. Ownership of excess material. G. Piling. D. Sheet piling, shoring, bracing, etc. E. Caissons. F. Grillage. G. Footings. H. Concrete. I. Grouting. J. Mason work. E. Protection of existing property: 1. Responsibility for injury to. L. Backfilling: 1. Tamping. 2. Puddling. IX. Floors and ceilings: A. Concrete: 1. Plain. 2. Reinforced. B. Tile. C. Structural steel work. D. Lumber — carpenter work. E. Openings. F. Columns: 1. Covering. G. Girders: ]. Covering. H. Finishing: 1. Concrete surface. 2. Finishing and painting. 3. Granitoid. 290 Notes on Contracts and Specifications 4. Tile. 5. Polished stone. 6. Wood and finish. 7. Other surfaces. I. Plastering under side or other finish. J. Suspended ceilings— plastering, etc. X. Walls: A. Outside walls: 1. Concrete. 2. Brickwork: a Common brick. a Selected brick, bearing brick, etc. 1 a Bonding. 2 a Jointing, a Mortar. b Face brick, b Bonding: Straight wall. Around openings. Trimmings and belt courses, b Jointing. 2 b Mortar. 3. Stucco— outside plastering. 4. Structural steel. 5. Terra cotta and cut stone. 6. Lumber. 7. Openings: (o) Window. (6) Door. (c) Special. 8. Cutting and patching. 9. Cleaning and painting. lOi. Lathing, furring and plastering. B. Partition and interior walls: 1. Tile. 2. Metal lath and plaster. 3. Concrete. 4. Wood lath and plaster. 5. Brick. 6. Face brick— Interior decoration brick. 7. Stone. 8. Composition. XI. Windows: A. Sash. B. Frame. O. Trim. Specifications for Engineering Works 291 D. Glazing. E. Operating services. F. Hardware: 1. Locks. 2. Hinges. 3. Weights and rollers, G. Sills. H. Lintels. XI L Doors: A. Door. B. Frame. C. Trim. D. Glazing. E. Hardware: 1. Locks. 2. Hinges. 3. Rollers. 4. Track. 5. Checks. F. Threshold. XHL Roof: A. Concrete. B. Tile. C. Composition. D. Shingle. E. Tin or iron. F. Structural steel. G. Timber. H. Skylights. I. Ventilators. J. Air shafts. K. Drains: 1. Gutters. 2. Downspouts. L. Flashing: 1. Openings. 2. Chimney. 3. Ventilator. 4. Pipe outlets, etc. XIV. Stairways: A. Iron or steel. B. Concrete. C. Stone. D. Wood. XV. Railings: A. Iron. B. Wood. 292 Notes on Contracts and Specifications XVI. Platforms: A. Iron. B. Concrete. C. Wood. XVII. Finishing: A. Carpenter work. B. Plastering. C. Outside painting: 1. Mixing paints. 2. Stopping, filling and puttying. 3. Staining. D. Interior finishing; 1. Painting: (a) Mixing paints. (b) Filling, stopping, puttying. (c) Staining. (d) Varnishing. (e) Decorating. XVIII. Plumhitig: A. Cast iron pipe and fittings. B. Wrought iron pipe. C. Vitrified pipe. D. Other pipe: 1. Lead. 2. Brass. 3. Plated. E. Pipe joints. F. Fittings and valves. G. Fixtures, traps, etc. H. Ventilation risers. I. Supply pipe. XIX. Lighting: A. Wiring and conduits. B. Piping, valves and connections. C. Switches and outlets. XX. Heating: A. Furnace. B. Boilers. C. Piping: 1. Steam or hot water. 2. Sheet metal. 3. Pipe covering. 4. Valves. D. Radiators. E. Registers. Specifications for Engineering Works 293 § 6. Outline of Specification for small Power Station. 1. Extent of contract. 2. Location. 3. Description. 4. Excavation. 5. Masonry work: A. Foundation walls. B. Brick walls. C. Cut stone. D. Mortar. E. Cement: (a) Kind. (ft) Delivery. (c) Testing. (d) Qualities — we F. Sand. G. Crushed stone. H. Concrete. I. Placing concrete. J. Stack. K. Machinery foundations. L. Plastering. 6. Roof: A. General. B. Boiler room I. G. Engine room. D. Laying tile. E. Tile. F. Gutter and down spouts. 7. General work. 8. Carpenter work. A. Floor of the engine room. (a.) Joists. (&) Floor. (c) Stairway. B. Ceiling of ( 3ngine room. (a) Ceiling joists. (b) Ceiling. C. Roof. (a) Trusses. (&) Rafters. (c) Roofing. id) Gutters. D. Inside work. (a) Doors. (h) Windows. (c) Trimmings. weight, time of setting, fineness, strength. 294 Notes on Contracts and Specifications id) Wainscotting. (e) Finishing. (/) Lumber. (g) Bridging. 9. Painting. A. Paint. iO. Cleaning building. 11. Payments. § 7. Outline Specifications for Bridge Substructure. 1. Description of work, or extent of contract. 2. Plans and drawings. 3. Grading, embankments and roadways. 4. Foundations. A. Excavation — Depth and size. B. Sheet piling, coffer dam or caisson. C. Pumping and draining. D. Masonry footings. Concrete. E. Piles. (a) Size. (&) Driving. (c) Sawing. F. Grillage. (o) Material. (&) Drift Pins. G. Riprap. 5. Materials. A. Stone or gravel. B. Cement. C. Sand. D. Mortar. E. Concrete. 6. Masonry. A. Class. B. Footing stone. C. Stretchers. D. Headers. E. Backing. F. Bonding. G. Laying. (a) Joints, (ft) Bedding, (c) In freezing weather. H. Cutting. (a) Face. (ft) Joints. (c) Draft, batter line and corners. Specifications for Engineering Works 295 I. Coping. J. Pedestals. E. Cut water. L. Bridge seats. M. Pointing. 7. Construction plant. § 8. Outline of Specification for Iron Bridges or Structural Work. (Only general plans furnished) 1. General description. General data. Classification. Description. '. Material. Head room. Roadway. Foot walks. Hand rails. Stress in timbers. Steel beams. Floor girder. Stringers. Bracket plates. Bracing. Length of span. 2. Load — dead and live and wind. 3. Proportion of plate. 4. Details of construction and workmanship. 5. Qualities of material. 6. Inspection. 7. Painting. . i 8. Erection. i 9. Acceptance. i § g. Outline of Specification for Bridge or Roof Truss. (Detailed plan furnished.) 1. Description of work. i 2. Plans. ' 3. Quality of material. Class. Wrought iron. Steel. Cast iron. Phosphor bronze. Purpose. Rivets. 296 Notes on Contracts and Specifications Pins. Punching. Plates. Shapes. Eye bars. 4. Workmanship. 5. Details of construction. Eye bars. Tension members. Pin holes. Ties and counters. Turnbuckles. Pins. Web plates. Rivets. Splice plates. Flooring and wheel guard. 6. Inspection and tests. 7. Painting. 8. Erection. 9. Acceptance. § 10. Outline for Specifications for Stand Tower and Appur- tenances. 1. Extent of contract. 2. Location. 3. General description. 4. Laying out work. 5. Foundation. A. Excavation and filling. 6. Foundation masonry and masonry superstructure. (a) Concrete, making and placing. (h) Stone or gravel. (c) Cement. id) Sand. (e) Mortar. (/) Quality of stone. (g) Rubble stone. (h) Cut stone. (i) Valve chambers, pipe tunnels, etc. 7. Trestle. A. Posts. B. Shoe plate and anchorage. G. Cap and top connection. 8. Balcony. Specifications for Engineering Works 297 Tank. A. Dimensions. B. Material. (a) Inspection. (&) Size of sheet. C. Shop work. (a) Rivet holes. (&) Corners of sheets. (c) Calking edge. id) Bending and fitting plates, (e) Joints. (/) Bottom. {g) Connection. {h) Manhole. D. Thickness of sheets, size and spacing (a) Details. (b) Rivets. (c) Riveting. {d) Calking. 10, Appurtenances: A. Rising pipe. B. Expansion joint. C. Frost pipe. D. Base. E. Automatic valve. F. Overflow pipe. G. Ladder or stairway. H. Cornice. /. Roof. J. Trap door. K. Finishing: (a) Cleaning. (&) Riveted and inaccessible work. (c) Shop coat. (d) Final work. (e) Paint. (f) Inspection. {g) Application. L. Testing. 11. Payments. § II. Outline of Specifications for laying Cast Iron Water Pipe, Including Setting of Special Castings, Hydrants, Valves, etc. 1. Description of work and material to be furnished under the contract. 2. Approximate quantities and kinds of work to be done under the contract. 3. Plans, profiles and drawings. 4. Engineering work, lines, grades, etc. 298 Notes on Contracts and Specifications 5. Special work. 6. Materials: Furnished by whom: A. Where delivered to contractor. B. Distribution. C. Delays in receipt of. D. Breakage and inspection. E. Report of number, size and breakage. F. Responsibility. 7. Excavation and trenching: A. Line. B. Size of trench: (a) Depth. (h) Width. C. Grade. D. Disposal of material. E. Removing improved street surfaces. F. Material: (n) Earth. (6) Rock. G. Extra excavation and foundation. H. Bell holes. I. Bracing and shoring. J. Protection of buildings. K. Draining, bailing and pumping. L. Obstructions. M. Limits of amount of work opened. N. Bridging trench for street and side walk travel. 8. Back filling: A. Tamping, puddling, etc. B. Replacing improved street surfaces. C. Removing shoring, etc. D. Repairing injuries to pipes, drains, etc. E. Removal of surplus material, rubbish, etc. F. Replacing improper material (in rock excavation). 9. Pipe laying: A. Order of laying, storage of pipe, etc. B. Foundation. C. Lowering pipe into trench. D. Cleaning and protecting pipe. E. Length of pieces admitted. F. Cutting pipe. G. Adjusting spigots uniformly. H. Wet bell holes. I. Making joints: (a) Thickness of joint. (b) Depth of lead in joints. Specifications for Engineering Works 299 (c) Gasket, (rf) Lead. (e) Running joint. (/) 'Calking joint. J. Straps, and bracing of ends, and bends. 10. Setting specials and appurtenances: A. Specials. B. Hydrants: (a) Hydrant walls. (ft) Drainage. (c) Setting and bracing. C. Valves. D. Plugs. E. Drinking fountains. F. Disconnecting and reconnecting old services. 11. Manholes, hydrant wells, valve boxes, etc. 12. Connection of new work to old. 13. Omissions. 14. Defective work and material. 15. Maintenance, guarantee and insurance. 16. Tests. 17. Measurements. 18. Removal of old pipe, etc. 19. Payments. § 12. Outline Specifications for Construction of Sewers. 1. Extent of contract. Description of work and material to be furnished" under the contract. 2. Approximate or exact quantities and kinds of work. (Quantities givem as basis for comparison.) 3. Plans, profiles and drawings. 4. Engineering work, lines, grades, etc. o. Special work. 6. Materials — furnished by whom: • A. If furnished by city: (a) Where delivered to contractor. (&) Distribution. (c) Delays in receipt of. id) Breakage and inspection. (c) Report of number, size and breakage. (/) Responsibility. B. If furnished by contractor: (a) Pipe and specials. (b) Tile. (c) Brick. id) Stone. 300 Notes on Contracts and Specifications (e) Cement, mortar and concrete. (/) Iron castings. (g) Lumber, (h) Piling. 7. Excavation and trenching: Line. Preservation of line and grade marks. Depth. Width. Grade. Character of material. Disposal of material. Removing improved street surfaces. Earth. Rock. Protection during blasting. Tunneling. Extra excavation. Bell holes. Bracing and shoring. Sheet piling. Foundations, piling, etc. Protection of buildings. , Draining, bailing and pumping. Obstructions. Care, protection and repairs of Gas pipe. Water pipe. Drains. Cisterns. Reservoirs. Streets and gutters. Sidewalks. Railroads. Cross walks. Fences. Under drains. Limits of amount of work opened. Bridging trench for street and sidewalk travel. Barriers and lights. 8. Back filling. Puddling. Tamping, flushing, etc. Replacing improved street surfaces. Removing shoring, etc. Repairing injuries to pipes, drains, etc. Specifications for Engineering Works 301 Cleaning and flushing sewers. Use of city water supply. 9. Removal of surplus material, rubbish, etc. Replacing improper material. Frozen material. 10. Embankment. 11. Pipe sewers. Foundation. Joints. Protecting and keeping sewers clean. Removal and rebuilding defective work. 12. Brick sewers. Brick laying. Foundation. Forms. 13. Brick masonry. 14. Stone masonry. 15. Appurtenances. A. Flush tanks: (a) Syphon and fixtures. (6) Connecting with water pipe. B. Manholes: (a) Ladders and steps. (b) Foundation. C. Catch basins. D. Outlets. E. Branch sewers and connections. F. Tile drains. G. Iron pipe. H. Special construction with specifications for material and work. 16. Inspection: A. Defective material. B. Removal and rebuilding. 17. Extra work. 18. Omissions. Condemned, inferior or defective work. 19. Maintenance and guarantee. 20. Tests and requirements. Measurements of quantities. 21. Acceptance. APPENDIX A Drazmn^s "ii' The following drawings are furnished as a basis for the writing of specifications in order that the student may have a definite and dis- tinct conception of the subject on which he is required to write. The student should be assigned one or more of these subjects and be re- quired to write complete specifications of all or of such part of the same as mav seem desirable. Appendix 303 ?> "^ ^ •*> O ?: I §- I § I I ^ b ^ Cm I .^^ u b CO 1^ II J .c C3 !^ si^^' <5 q, ,,0-,9 ->| 304 Appendix D ^ s; c: ^^ sPj ^ ^ ^ j; .-. ^p ^ V" «> ^ "^ ^ ii "J -,P/H ^ 1^ fi] 4) O (b r- k^/Z-^i 53 I Is <: to 1. N O 0, 5 >> I .^ N ^ ~s: (I) s ~^ ^5 o X K 03 Appendix 309 I M r ^ .&>¥ 1^ •5^ ^1 ^1 §^S 5^ g §s.H g ^ zfY:,9-2 9-Z mm\ k ~oTW L_Ji^. I ! I i I I ;^n^ Xo:^ 310 Appendix t3 (Ji Q> R >2 til I I 5^ :| |i^ -^ !^ .t; ^ I I I 'i-y'Vi:-?* .,?As- H ei o o 02 c o o a c;3 X 0), ;-! o o U 0) « o 0) PC! be Appendix 311 O ^ et-l i O t>^ $ < m o > a X H o • i-H o O o W) 5 o a o 312 Appendix PU3 C/ODd Sbuo/J pi^'/q l/l/AI 9UO •uo/^on9 ^udsdjc/ o^ pa^oauuoD duo 'i>uo/^,0:9 sd/d /;\/^^, z/ - s^a//no uo/^ong z ,0t12 ffO/ 72 r uoz/ongjo ^^ o o o CI o (V u o o "C pq u o 0) o (=! o ^3 O) o o '■t-> 03 > o H o o m ^ Appendix 313 314 Appendix Q o > O W) fc o S Appendix 315 '—.,9 ^ .£:Z G3/Of^,% O. V^^^"^ 1^ ,//- ^/^/^ „% J.^^40/-„P'K^ ,d "^ -^ ^ ^ <^ S w^ Ci ^ !0 ^ 'O ^ p Jt^ p Q. 9i/D/U/ JO U0//O/I9/J J/D/^ 6- Z- .O7I 0:V -r-b^,-/- "^ s>. J -J- -- /— ^ c3 u o O '■*-> O ^ 0) > C) ^3 C ;-! , -, 't / ^ ^ > — i ^- ./^;^- — * Jp. I 1 Appendix 317 03 I— t 03 CD 0) o O 1=1 o o 13 ;-( CO O TS 1=! ;-i o CO (^ a be ^ E 318 Appendix ^^/.'d -faai^g poo/^- m K-- Id o ■4-> P u O) d. -*-> O) a> ^ «2 ^ C o -l-> rt TS r! 1, bC o s:: p^ ^ +j 0) rt a» CU 02 O rl q; o P -*-) o TJ 13 c ^ oi -i-j OJ fl ■t-J O fl CJ (1) m r=! s (?;r*| -- -6 ■.0,-f/- I Ci t^ i ,$ i^ :^ -^ ^^^^ ^^:S$^ t ,o-,zi ^^^^^^^^^^^^ 'i'''''\ '"{^ I VI .111' — MMv?l Ty^ 9-£-^ "^^^■M^B^i ,0',£/- rO-.ZI y////////////////////y*i^VA \ ^ u o o U, TS «■ (A w C o ■t-> i=! S Oi O o fe O O) ;:2 o TJ c ct CM (4-1 O O o c « o -«-> 0) CJ •PH :3 H ;-< -4-1 *. r/j yj o s 0) m 'O n CM a o o j- Pi o et-i r— H OJ rr O) ctf C/i ;-> *, O) Oj is o S3 •i-H o ^ > TJ fl d M ^ M o t o 1 G fl o -- .r-l «2 o et-i a as he Appendix 321 PUMPING STATION The following Figures 19 to 24 inclusive are drawings for a water works pumping- station. Specifications may be drawn for work and material for either the plant as a whole, or for the various parts ac- cording to the following schedule : Building. Excavation. Foundations. Concrete floors and walls. Wooden floors. Brick walls. Cut stone. Roof trusses. Roof. Machine foundations. Stairways. Railings. Doors. Windows. Wainscoting. Trim. Gutters and downspouts. Chimney. Machinery. Steam piping. Water piping. Sewer piping. Breeching and smoke connection. Boiler — 125 H. P. return tubular. Heater. Engine — 50 H. P. simple Corliss. Triplex power pump, 500 gallons per minute, 200 ft. head. 322 Appendix o *■§ m S o bO Appendix 323 o U) "a a o o 324 Appendix g a 03 o cd Appendix 325 .f/£0/-,il 326 Appendix Bif/p/rnq spisu/^o-.Z I eg m to A S PL, OQ o CO It Appendix 327 5-2"- IZ —±. a O /6' '36^//'5p. IT) b* -::x. • // —38 "Square '■ Cemenf fi//inq~ ■IZ"- Oefa// cf Top ^8-Z"— y . > ■ '■■ ■ ^ 1— 9-4-' 5ecf/on A- A '7'- Defail of Base stone MasonrLf /8 Concrete \ giQ"^^ / 1 M 1 —i= / 1 N 1 1 5ect/ona/ E/e^ation /4-0' 3ecfion B-B Q. Fig. 24. — Water Works Pumping Station, Chimney. 328 Appendix WATER POWER PLANT The following Figures 25 to 28 inclusive show four views of a vertical turbine setting with plate steel bulkhead, timber penatock gates, trash racks, etc. Specifications may be drawn for either the com- plete structure or its various parts as given in the following schedule : Rock and earth excavation. Concrete. Plate steel bulkhead and other wrought iron work. Trash racks and supports. Cast iron. Timber gates and other timber work. Harness or power transmission machinery. Gate lifting devices. Appendix 329 /9-0- C. /. Cuf^ pinion C/. Morf/3ec/ '/z"x6"5f.f?o// Pi. Fig. 25.— Vertical Turbine Setting— Sectional Elevation Through Wheel-pit and Bulkhead. 330 Appendix -.,,... ,.-.^ -«?/- ^ E m Pi w a a cc O Q be c CO c (-1 1^- bO J- 332 Appendix SfDQ ^Si/O'M . Z/ tih '^'t^l Vi^k0sSi^^iM^^^^i^^ o k k Appendix 333 V- iJ.'a/ JO ^ ■,9-,Z/ -H. O < G OS 03 o u a> C/2 as 334 Appendix •3/8 "3o//er p/ofe *- ^//6 "So//er p/afe Wafer qauqes ^W'x Z4" q/ass scretved for ■% "pipe - brast fittings ■ wood yv fleets 32- ^V/6" ho/es on 27" circfe for ^W r/ii'efs /6 - f)oies on Zf/^ "arete fap for /"cop scre^vs - furr7/sh /6 f'xZ^U" hexaqono/ fiead cop scree's Top for /" cop scret^ Wafer gauges Cost /ron eodcffe f/ar?qe Tap sftett for 'k'air pipe Soffom-ftonqe remoyeaf Pig. 30.— Plat6 Steel Air Chamber. Appendix 335 93USJ3Ju/n oj/Q ,9/^ e-gz • H:>o/euicf JO O % m ■«-> u o 4h O t-J Ci o a o. &3 be 336 Appendix :^/H^^ ,0-,£ Appendix 337 - -., fZ ► t » • • ^^ El n L • • -1 ■7 J/, V/,£\ 9^ 7,^/i-^919^ t3 U O O -4-> '% m o bo a o 03 O -t-> w S3 -t-> CO CO CO bo 338 Appendix CO /o-o' ^s'-e^S^r^aVUlt 5'-6 £/ewa//o/ Fig. 34. — Structural Steel Transmission Line Pole — Excavation, Work and Material for Setting Concrete Bases and Anchors, Work and Material for Construction and Erection of Steel Pole. Appendix 339 -^ffj/F ,;^x,^ev^ J„p/,^„p-',.p' ^ ^''>> 4 1? >5< »>« sir 1^ v^ " ^ 4 jp — - ^*LF=— ^ !=! m u o o a <: O) go > 2 Hi I « o o m m •l-H a CO aius — Wachusett dam, details of. A. D. Flinn. Eng. News, 1900-11-17 7. The New Kensico Dam (masonry dam), by A, D. Flinn. Eng. Rec, 1912-1-772. Elephant Butte dam. Extracts from specifications, U. S. Reclamation Service. Eng. Rec, 1913-1-120. New regulations governing the design and construction of dams. New York State Conservation Comm. Eng. Rec, 1912-1-7 4. Abstract of Specifications for Earthen Dam for McAlester, Okla., by J. W. Holman. Eng. Cont., Nov. 13, 1912, p. 547. Specifications for timber dam at Hymelia Crevasse, La. Eng. Cont., Sept. 18, 1912, p. 328. Earthen dam for storage reservoir for irrigation purposes. Johnson, p. 130. Masonry. Kanasha River. Wm. P. Craighill, Maj. of Engineers. Haupt, p. 71. Contract. No. 5 Soughborough, of the Boston Waterworks. John- son, p. 358. Specifications for the Arrow Rock dam U. S. Reclamation Service. Eng. News, 1913-1-118. See also "Concrete." Drainage — see "Excavation." Drain Tile — see "Pipe." Earthwork — see "Excavation." Electrical — General — Engineering Specifications, by Frank F. Fowle before Armour Inst. of Tech., Branch of A. I. E. E. Discusses the relation of specifica- tions to contracts and matters related, giving three examples of specifications. Proc. A. I. E. E., Sept., 1911, Vol. 30, No. 9, pp. 2029-2047. Standardization rules of the A. I. E. E. (As approved June 27, 1911.) References: Trans, of the A. I. E. E., Vol. 30, Part 3, p. 2539. Note: Preliminary draft of revised rules printed in Nov., 1913. Address, 33 W. 39th St., N. Y. Rules of the National Electric Light Ass'n. (Adopted 1891 and amended Feb., 1892.) References: Electric Lighting Specifica- tions, by Merrill. 1st ed., p. 118. Rules of the National Board of Fire Underwriters. (Edition of Jan. 1, 1895.) Reference: Electric Lighting Specifications, by Merrill. 2d ed., p. 154. Electrical Inspection. Section of review of City of Chicago, Govern- ing Electrical Inspections. (Adopted March 13, 1911.) Reference: Handbook for Architects and Builders, Vol. 16, 1913, p. 165. Bibliography of Specifications 357 Electrical, General — Continued. Electrical inspection. Regulations governing Commonwealth Edison Company's system. Reference: Handbook for Architects and Build- ers, Vol. 16, 1913, p. 173. Protection of electric service employees, rules for. Being an order of the New York Public Service Commission. First District. Eng. News, 1913-1-1131. See also "Transmission Lines." Electric Generators and Motors — Specifications for Performance and Ratings of Generators and Motors, by W. L. Waters. Notes and points on operating requirements. N. E. L. A. Thirty-second convention, Vol. 11, 1909, p. 443. Electric generators. St. Charles St. Railroad Co., New Orleans, La. Johnson, p. 414. A. C. Generator. Typical Specification for an Alternating Current Generator, "Electrical Machine Design," by Gray, pp. 312-314. D. C. Generator. Typical Specification for a Direct Current Generator, "Electrical Machine Design," by Gray, pp. 153-155. Induction Motors. T>'pical Specifications for a Large Induction Mo- tor, "Electrical Machine Design," by Gray, pp. 4 2 2-4 24. Standardization rules A. I. E. E. Performance specifications and tests. A. I. E. E., Vol. 24, 1907, Part II, p. 1799. Parallel operation of alternating current generators. Engine require- ments. Specifications of Westinghouse El. & Mfg. Co. E. M. Ting- ley and H. E. Longwell. Eng. News, 1902-1-498. Electric Insulators — Testing of and proposed standard f s\ o 0' -^ >^ v^^ -n... ,^V' ^r^. ^b. ^^' -->. '^.^ ' /■ v^^ >^y>. ^ ( ■p '.;-^o ^v- o,"^' v\^' 0^ .'-^^ V>' ^ ^^^ .-V ^x^^ '<^^ '\,#\.'>'"' '^> '5> ^ £ V> .V ci-. / .H -7- . ^^, ^ ,0-'