struction. This would, of course, eliminate those conditions from such a standard document as would be entirely local or applicable to special kinds of work; such special paragraphs or conditions would have to appear in the document when drafted for any special work. The two days were spent in coming to an understanding as to the method of procedure and a starting point for the formulation of such a standard national construction contract. The names of such paragraphs as might be inserted in such a national document were named and agreed upon. No wording or phraseology for any of these named paragraphs were written. The full typewritten report of 374 pages has been submitted to the President and Secretary of the Association. There were present as delegates to this conference the following: Wm. Stanley Parker, representing American Institute of Architects. H. K. Bishop, representing American Association of State Highway Officials. L. W. Wallace, alternate for Col. C. O. Sherrill, representing American Engineering Council. J. S. Langthorn, alternate for H. Eltinge Breed, representing American Society of Civil Engineers. G. Waldo Smith and John M. Goddell, representing American Water Works Association. J. W. Cowper, General R. C. Marshall and Ward P. Christie (Secretary of the meeting), representing Associated General Contractors of America. E. W. Reaugh, representing National Association of Builders' Exchanges. W. A. Rogers, alternate for Onward Bates, representing Western Society of Engineers. Wm. B. King, representing American Bar Association. W. D. Faucette, representing American Railway Engineering Association. And at the close of the conference the following resolutions were adopted: "WHEREAS, the preliminary conference of representatives of architectural, engineering and contracting organizations in Washington on December 15th and 16th has resulted in the development of certain views regarding the arrangement and wording of clauses in forms of contract documents for the further consideration of the delegates to the conference, and WHEREAS, the American Institute of Architects and the American Railway Engineering Association have already adopted standard documents of this character, therefore Be it Resolved by the delegates assembled at the preliminary conference, that General R. C. Marshall, Jr., is requested to prepare, in consultation with the delegate of the American Institute of Architects and the American Railway Engineering Association, a document embodying these opinions for the further consideration of the delegates, to be accompanied if practicable by a statement of the items in which the new document departs from the standard documents of the American Institute of Architects and the American Railway Engineering Association, and such other information and such suggestions as these gentlemen may deem it desirable to place before the delegates." A full report has been made to President Downs and instructions are awaited prior to the next meeting of the delegates. CONCLUSIONS (1) The Committee recommends the changes in the Manual as set forth in Appendix A be adopted and that the Committee on Roadway be requested to make the revisions referred to in Appendix A. (2) The Committee recommends "Form of License for Wires, Pipes, Conduits and Drains on Railroad Property," set forth and printed in Appendix B be adopted and printed in the Manual. (3) The Committee recommends that the report of Sub-Committee referred to in Appendix C be received as information, with the request that any criticism and suggestions be given this Committee in order that a final report may be made next year on "Form of License for Private Road Crossings." Recommendations for Future Work Your Committee recommends that the following list be considered in making future assignments of work to this Committee: (1) Make a thorough examination of subject matter in the Manual, submitting definite recommendations for changes. (2) That the Form of License for Private Road Crossings, which was submitted this year for information, be reassigned this Committee for further study. (3) That the Committee submit a Form of Agreement for: (a) Trackage rights; (b) Joint use of passenger station; (c) Joint use of freight facilities; (d) Purchase of electricity (which it is expected this Com mittee will finish next year), and (e) Certificate of work by Chief Engineer. Next attached, in order, are Appendices, A, B and C referred to in the early part of this report. It will be the purpose of this Committee to use the word "Railway Company" hereafter instead of "Railroad Company." This is adopted for the sake of uniformity. Before closing out the report of the year, the Committee records with pleasure the satisfactory attendance at the different meetings and the interest manifested by its membership. Respectfully submitted, THE COMMITTEE ON UNIFORM GENERAL CONTRACT FORMS, W. D. FAUCETTE, Chairman (1) REVISION OF MANUAL CLARK DILLENBECK, Chairman, Sub-Committee. PROPOSED REVISIONS TO THE MANUAL-"Form of Construction Contract," Section 38, "Final Estimates," page 665 : (1) It is recommended that the word "whole" be omitted from the second line, as indicated below: Present Form Upon the completion and acceptance of the work, the Chief Engineer shall execute a certificate over his signature that the whole work provided for in this agreement has been completed and accepted by him under the terms and conditions thereof, whereupon the entire balance found to be due to the Contractor, including said retained percentage, shall be paid to the Contractor at the office of the Treasurer of the Company within days after the date of said final certificate. Proposed Form Upon the completion and acceptance of the work, the Chief Engineer shall execute a certificate over his signature that the work provided for in this agreement has been completed and accepted by him under the terms and conditions thereof, whereupon the entire balance found to be due to the Contractor, including said retained percentage, shall be paid to the Contractor at the office of the Treasurer of the Company within days after the date of said final certificate. It was called to our attention that the American Railway Development Association had some observations to make on "Form of Industry Track Agreement" and "Form of Lease Agreement for Industrial Site" and we were instructed to get in communication with George E. Bates, their President, which resulted in Mr. Bates appointing a special committee to meet jointly with our Sub-Committee No. 2 to carefully consider these Forms of Agreements. We have held two joint meetings, and although we are making good progress, the threatened Railroad Strike prevented several members of the American Development Association from attending our second meeting, rendering it impossible to conclude our work in time for our Committee to make any recommendations for revisions to these forms in the Manual this year. (2) As regards the use of the word "railway" and the word "railroad" in the Manual, for uniformity it is recommended that hereafter the word "Railway" shall be used in all forms and specifications, and when the Manual is reprinted wherever the word "railroad" occurs it shall be changed to "Railway." (3) "Specifications in the Manual in connection with which any uniform general contract form would or should be used." It is found that the Specifications for Roadway were compiled before the organization of the Committee on General Contract Forms, and included therein General Conditions for the construction of such roadway and stated in these Conditions that the Specifications and General Conditions formed the entire Agreement. Our "Form of Construction Contract" has since been adopted and printed in the Manual, and now when a complete contract is attempted by the use of the Form of Construction Contract and the Specifications for Roadway, as printed in the Manual, the contract will contain some terms which are contradictory and some that result in ambiguity. Your Committee recommends that the report covering study of all specifications in the Manual in connection with which any Uniform General Contract Form would or should be used, be accepted and the Committee on Roadway and the Committee on Uniform General Contract Forms be requested to revise the Specifications for Roadway so that the "General Conditions" of the Specifications as now printed in the Manual be omitted from the Specifications and covered by the General Conditions of the Construction Contract Form. FORM OF LICENSE FOR WIRES, PIPES, CONDUITS AND DRAINS ON RAILWAY PROPERTY J. C. IRWIN, Chairman, Sub-Committee. The work assigned to this Sub-Committee included: 1. The submission of a final report on agreement covering the construction of electrical conductors, conduits, pipe lines and drains on railroad property. 2. The collection of data for agreement for "Trackage Rights." The Sub-Committee has completed its work on the first item and submits herewith attached the "Form of License for Wires, Pipes, Conduits and Drains on Railroad Property," as approved in the general meeting of Committee XX, December 9th, 1921, and recommends its adoption. The Sub-Committee reports progress on the second item. It has collected thirty-four forms of Agreement for Trackage Rights used by representative railroads throughout the United States and Canada; has indexed and made synopses of these agreements and has commenced the writing of a proposed "Typical Form of Agreement for Trackage Rights," embodying the points that might be covered by the majority of such agreements but recognizing the fact that many of the points included in such agreements are local in character. The Sub-Committee plans to continue this work without interruption, if it is again assigned. FORM OF LICENSE FOR WIRES, PIPES, CONDUITS AND DRAINS ON RAILWAY PROPERTY (Final form submitted for adoption) THIS AGREEMENT, made this day of 19...... by and between the.. and hereinafter called the Railway Company, having a principal office or place of business in hereinafter called the Licensee, WITNESSETH; WHEREAS, the Licensee desires to construct, maintain and use upon the property of the Railway Company, situated... |