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Further discrepancies in design, construction, and settlements were uncovered by the Grand Jury and Mr. Dyer.

This investigation primarily involves the Wellington, Lambert, and Hooker High Schools.

Pertinent facts developed by our inquiry are substantially as follows:

IN MATTERS PERTAINING TO FINANCIAL SETTLEMENT

1. We find that deduction, extra work, and no charge contracts, with the contractors entered into by the Board of Education on the advice of its architect, N. O. James, and Chiefs of Construction, R. P. Davis and C. B. Bell, with the various contractors have not always been equitably arrived at. Our expert, Mr. Dyer, generally, though not in detail, coincides with the views expressed in the letter and testimony of Mr. Bell, formerly Chief of Construction, as regards Deduction Contract No. 1 on the Wellington High School, as follows:

Settlement as a credit to the Board of Educa-
tion

$10,550.00

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2. The paint contractor on the Wellington High School has been permitted to make radical substitutions of materials, i.e., tinting in place of enamel, as originally specified, at a substantial decrease to his costs with little or no allowance given the Board of Education.

3. We find that although 26-oz. glass was bid on and specified, the company supplied and installed 16-oz. glass. The representative of the Company admitted to this body that this has been regularly done on practically all the schools which they have supplied.

4. Aside from a later criticism on the substitution of a wooden wall for brick in the north end of the academic unit of the Lambert High School, we find a net saving to the School Board of only $78.80. Our expert estimates that a reasonable saving of about $1,100 should have been effected.

5. Extra Work Contract No. 1 with the plastering contractor on Wellington High School, shows a charge to the Board of Education of $911.90, while our expert allows as a maximum $375.00 and as a minimum $250.00.

IN MATTERS PERTAINING TO CONSTRUCTION

1. We find that the ceilings in the auditoriums of the Wellington and Lambert High Schools supplied by the painting contractor are not in accord with the specifications for fireproofing. The material is highly inflammable and a dangerous fire hazard. Immediate removal and reconstruction are recommended at contractor's expense. 2. We criticize the use of tint instead of enamel as originally planned in the Wellington High School.

3. The construction of fire baffles in the attics of the Wellington, Lambert, and Hooker High Schools is contrary not only to plans and specifications but also to good building practice and the building ordinances of the City of Harmony and are not an adequate fire retardent.

4. The plans and specifications require that all wood in contact with masonry be creosoted before setting. Examination by Mr. Dyer and by the Grand Jury at various available points in these buildings gave no evidence of creosote having been used as required. 5 ....

6. The maple floor in the gymnasium of the Hooker High School has been laid in accordance with the plans with the butt-joint unsupported. This will necessarily result in a squeaky floor, contrary to the specifications. We believe an equal responsibility rests on the architect and the builder.

7.

IN MATTERS PERTAINING TO DESIGN

We make serious criticism of architect N. O. James for errors of omission and commission in design in the plans and specifications of the various schools.

1. Our expert calls our attention to the faulty design of the roof over the academic unit of the Hooker High School, likewise the ceiling of the auditorium of the Hooker High School.

2. At the Lambert High School we find that the omission of stage ventilators constitutes a serious fire hazard.

3. The design and construction of the roof over the academic unit of the Lambert High School sponsored and approved by architect, N. O. James, are undoubtedly exceptionally dangerous to the lives of the occupants in case of an earthquake. It is obvious that the present attempts to correct the situation are absurdly inadequate. Severest censure is due the architect for acceptance of this faulty design, attempts to justify the same, the evident weakness of material and the lack of reasonable anchorage. Mr. Bell, formerly Chief of Construction, assumes some of the responsibility. His

attempt to block this construction is responsible for the lack of anchorage and loss of time to the contractor.

4. We can see no reason to justify the Board of Education and architect for the change from brick to wooden construction in the north wall of the academic unit of the Lambert High School and believe it may add to the hazard in case of earthquake or fire.

5. At the Wellington High School, we find the boiler room and storeroom adjacent to be a serious fire menace to the building. The ceiling should be of concrete instead of frame construction as designed. The wastepaper chute for the buildings empties within. eight feet of the fire door. Economy cannot be offered as an excuse, for there have been built at the first story throughout 900 linear feet of eight-inch concrete walls next to the classrooms. It would have been better to have applied about ten per cent of this cost to the boiler and storeroom ceilings.

6. Rolling steel fire doors have been provided at the opening in cross walls of the Wellington High School to protect the building from fire hazards. The doors installed are not an approved door by the Board of Fire Underwriters except perhaps for warehouses, nor the quality specified, and we consider them inadequate. In some of the openings the efficiency of these, or any door, has been further discounted because some of the dividing walls were changed to wood studs with wood lath and plaster instead of concrete.

7. We are informed that the floor of the library in this school is within a few inches of the ground and not properly ventilated. In this case it will rapidly deteriorate.

IN MATTERS PERTAINING TO OVERHEAD EXPENSE

The plan designed and put into operation by the Bond Expenditure Committee of the Board of Education, composed of five business men, at the inception of this Building Program, provided that the Chief of Construction, as the owner's representative, was superior in authority to the architect and contractors. The Architect and Chief of Construction were to be paid approximately $30,000 each for all their services in connection with the Building Program. At the abrogation of the N. O. James contract, January 20, 1922, he had received $21,143.33 of this amount.

This plan operated in the construction of twenty schools at a comparatively reasonable overhead expenditure of $65,889.13, or 7.43 per cent. The newly elected Board of Education abandoned this plan on January 20, 1922. Had the schools been completed under this plan, the percentage of overhead should not have exceeded 7 per cent.

At this time a new contract was entered into with architect N. O. James by the Board of Education. It was recommended to the Board of Education by the Public Education Advisory Committee of fifteen which succeeded the Bond Expenditure Committee, resigned. Under this contract, N. O. James, architect, became superior authority over the work and architectural fees were arranged for on a percentage basis. Under this contract the architect has been or will be paid additional fees amounting to $108,827.93: this, in addition to the $21,143.33 received under the original contract, making a total of $129,971.26.

Under the former contract, all architectural expenses were paid by the Board of Education. Under the second contract these were assumed by the architect.

We find that the working plans for the Lock Junior High, Hamilton, and Gardner Schools were adopted prior to this new contract, but in accordance with this contract payments have been or will be paid for architect's fees in the sum of $8,841.82. This results in a total overhead expense of $61,618.39, or a percentage as follows:

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The overhead on the Wellington High School entirely constructed under this plan and for which James assumes complete responsibility is 10.1 per cent.

SUMMARY

1. We censure the action of A. S. Fulton Company in substituting 16-oz. glass for 26-oz. glass, as specified and bid on.

2. We recommend that the Board of Education require the General Contractors and A. S. Fulton Company to replace this inferior material with the specified quality in all schools where this substitution has been made.

3. We find that separate contracts were let with painter, plasterer, brick mason, heating contractor, electrical contractor, etc., on these buildings. This practice resulted to no good purpose, in lack of control and coördination on the part of the so-called general contractor.

Particularly was this an item in the fiasco that resulted in the roof complained of over the academic unit of the Lambert High School. We recommend that this practice be discontinued and that one general contract be let for the complete construction of each building.

4. We find that the progress of construction work has been delayed by the interference by teaching staffs and other outside unauthorized parties. Particularly did this affect the additional costs of the Gardner School.

5. It is noted that Inspectors under the former Chiefs of Construction were not always competent critics of construction matters. 6. The attempt at dual control and supervision over the work by the architect and the various Chiefs of Construction for the Board of Education has been the primary cause for the confusion, is unnecessarily extravagant, and has resulted in general inefficiency. It obviates the fixing of responsibility.

7. We censure the design and construction of the roofs of the Lambert High School, the ceilings over the Auditorium, fire baffles in the attics and the proscenium arch fire-retardent wall, and recommend immediate correction before occupancy. Likewise, we find serious fault with the design of the Wellington High School as regards fire hazard of the Auditorium ceiling, boiler rooms, fire doors, etc. Immediate correction is urgent. Also, we find serious objection to the construction of the roofs over the Hooker High School.

8. We find the use of stock or standard specifications now in use confusing and inadequate. We recommend the discontinuance of this practice and the drawing of individual plans and specifications for each building in the future. The architect's fees paid under this Building Program were sufficient to have warranted this.

9. We recommend that in future construction a Superintendent of Buildings who is both a competent builder and either an architect or engineer of recognized authority be employed and made solely responsible.

10. We condemn the change from the original contract with the architect to the percentage plan, as it has led to enormous increase in the costs of architect's fees, which is entirely unjustified.

11. Further discrepancies in design, construction, and costs undoubtedly exist in the schools investigated. Further examination of these and other schools built under this Bond Issue should be made for the Board of Education by a board of disinterested experts of recognized authority composed of an architect, engineer, and purchasing agent.

Respectfully submitted,
(Signed)
JOHN DOE

Foreman of the Grand Jury of Alabama County

JAMES ROE

Secretary of the Grand Jury of Alabama County

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