The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-11-15

tract READS as fOllOWS.-
sIf the engineer shall certify that the
contractor has abandoned the work to be
done under the contract, or that said work
layed, or that the contractor is wilfully
violating any Of the terms, oovepants and
agreements Of the contract. or Is not
executing this contract in good faith, or
is not making such progress as to indicate
its completion within the required time,
then the Board of Street and Water Com
missioners shall have the power and right
to notify the contractor to discontinue all
work or any part thereof under this con-
tract, and upon such notification said con-
tractor shall discontinue said work or
such parts thereof as said Board may
designate, and said Board shall have the
power to reject the work or any part
thereof and to complete the same at the
cost and expense of the contractor, and
the expense so charged shall be deducted
and paid by said Board out OF such money
as may be due or become due at any time
thereafter to said contractor under this
contract or any part thereof. In case
would have been payable under this con-
tract if the same had been completed by
said contractor, it is agreed that said con-
tractor shall be entitled to receive the
difference; and IN case such expense shall
exceed the sum which would have been
payable under this contract If the same
had been completed by said contractor,
then said contractor shall pay the amount
of said excess to said city, on notice from
said Board OF the excess SO due"
This section means that if the contrae-
tor shall abandon the work the city shall
complete 1t. The objections to this propo-
sition are. first, that the city is wholly
without power to do anything of the sort;
second, the section is SO drawn that if the
contractor should abandon the work be-
cause he had underestimated the cost or
found insurmountable difficulties, the city
would be bound to take up his unwise
speculation and attempt to carry it out.
We are not as I understand the project,
about to advertise for the construction of
works for the city, but for a supply of
water, with an option to purchase COM
pleted plant. Where would the city OBJ
tain the funds necessary to complete an
abandoned or unnecessarily delayed con-
tract? The only way to protect the city is
to provide such a penalty for non-per-
formance by the contractor as will put
performance beyond doubt. This should
be done by providing, in words susceptible
of but one construction, that if the con-
tractor shall fail to complete his contract
within three months after the time given
him by the contract the city shall have
tract, retaining, however, its rights under
the bond given for performance.
The specifications are in my opinion,
faulty in that they do not provide that
the source of supply shall be wholly
within the State of New Jersey. This
would seem absolutely necessary to give
the city power to prevent pollution OF the
water The arms of our legislative or ju-
dicial departments cannot reach into 9TH
er States, and we cannot too carefully
guard against the possibility of pollution
The specification for Location of Plant
should be amended to provide that ali re-
servoirs and storage basins shall be lo-
Gated wholly within the State of New
Jersey.
The specification provides that bids shall
be accompanied by plans and drawings of
the proposed works. In order that these
may be properly compared they should
be drawn on the same scale, and sug-
gest that the scale be fixed in the speci-
hcations
1t is provided that the city shall take
minimum supply of twenty million gal
Ions of water per day. We are now using
twenty-seven million gallons of water per
day, and while that amount could prob
ably be reduced by strict supervision of
waste and consumption, it seems evident
that we will need more than twenty-five
million gallons per day in 1900. 1t may be
that the city would obtain more advan-
tageous bidding if the minimum supply
was placed In alternative form, so that
bids could state prices on the basis of a
minimum supply OF twenty, twenty-five
and thirty million gallons per day.
You provide that "the right of way for
conduits shall in no case be less than
forty feet in width" I recommend re-
consideration of this provision, being ad-
vised that thirty feet would be ample.
The city does not need any greater right
of way than that obtained by Newark,
and unnecessary condemnation will of
course increase the price to be fixed for
the plant. Before final determination on
this point, suggest that you consult the
city officials of Newark, to ascertain
whether the width asked for is necessary
to meet any possible contingency.
In making these recommendations l
have used information gathered from
various sources, and trust that we shall
reach an early agreement. Desiring the
opinion of an eminent engineer, whose at
titude would be that of a critic, 1 sub
mittsd the specifications to Mr.. j. James
r. Croes. While he made several sug-
gestions of change in detail, l am pleased
to convey to you his opinion that "the
area of watershed required, the amount
of storage necessary to be provided, the
character of the materials and the work
manship demanded are all very fully and
explicitly set forth in the specifications,
which, on careful examination, appear to
be framed with great care, and in accord
with the latest experience and informa-
ton in engineering practice"
The last time Mayor Hoos was asked
by a reporter about the water specifica-
tions-about week ago-he said his ac-
ton would be Satisfactory" There is
some curiosity now as to what he meant.
1t is believed he had Lebbeus B. Ward
in his mind as the prospectively Salts
fed" person.
GENERAL FUENTES' DENIAL
SAN FRANCISCO, Nov. Is, 1S97.-Gen-
eral Fuentes, of Guatemala, who was ar
rested on Saturday, denies that before
leaving that country he looted it's treas
ury. He says
.sThis matter and also the further false
-t FAY pnf that PrOSDerO Morales and i