The times., 1901-03-21

v
Houses-sites for New Buildings
MIR. Hunter on Law Enforcement.
In remodeling the plumbing in the
Grant, Gales, and Garnet School buildings
last year there were certain delays in the
completion of the contracts, which the
contractors. James Nolan & Sons, stated
were unavoidable. The question now,
however. has been brought before the
Commissioners by the Auditor. who calls
attention to the penalty required by law,
and suggests that the matter be referred
to the Comptroller of the Treasury for
decision.
The contractors. last December, in eX-
planning the delay in completing the work,
submitted a statement to the Commission
ers. containing several propositions, as
follows:
The goods specified were manufac-
tured by but one firm in the United
States, namely. the J. L. Mott Iron
Works, at the time the specifications
were written.
'The firm which entered into compe-
tition had 70 manufacture goods 70 equal
the standard of quality set forth in the
specifications, viz, equal to those in
Sumner and Banneker School buildings,
which had been furnished by the J. i.
Mott Iron Works.
The manufacturers, James B. Claw &
Sons. Chicago. stated that they were de-
layed in furnishing fixtures on account
of the fact that certain advance infor-
nation required by them regarding the
specifications of fixtures was refused by
the District authorities, and the time
elapsing between the award of the con-
tracts and the time to complete the same
was not sufficient to manufacture the
fixtures specified, it taking from six TO
eight weeks time after modelling a piece
of earthenware to get first sample
through the kilns.
The saving I'm price to the District on
these contracts was $500, by which amount
we were lower than the next lowest bid
der. by reason of having used the com
petition firms prices for fixtures in max
ing our estimate for the cost of the job.
The ixures installed in these schools
were superior to those in the Sumner and
Banneker buildings referred to in the
specifications, especially the drinking
fountains and the water closet tanks, the
latter being lined with 16-ounce copper, as
required 10y specifications, and those fur
nished on other District work being only
12-ounce.
I'VE submit that our contract provides
for penalty of IS a day, not liquidated
damages. Therefore, we believe the Dis
trict government has been put to no ac-
tual loss due to the delay in the compile
tion OF the contract. On the contrary, the
District has been the gamer in the substi
tuition OF Royal porcelain instead of en-
ameled iron drinking fountains, which
features caused the greatest delay in the
completion of the school contracts. IN
%
Comptroller Of the Treasury, set forth in
circular .. Office of the Chief of Engi-
ncers, United States Army, dated Sep
tember 49, 1900, we respectfully ask the
waiver OF penalty on these contracts and
the final payment Of the same.
In connection with this statement of
, Messrs. Nolan * Sons. Charles b Ball
the Inspector of Plumbing, submitted a
statement 70 the Engineer Commissioner
| IN January, giving the status Of the con-
| tracts, showing that there was an aggre-
gate OF 125 days in the three contracts.
| At . a day for the time the amount OF
| penalty according to Mr.. Ball, would
amount to S525.
Among other things set forth in the
| statement of Mr.. Ball was the following
There is. ] believe. no reason for the
| District TO enter into the details of the
causes Of the delay, as far as the manu-
facturers are concerned in their failure 10
furnish the goods at the specified time.
The two questions which are vital are
whether the District was put TO any
serious disadvantage on account of the
delay Of the work, and whether the con
tractors have as is claimed. rendered ma
teTial advantages in excess of the con-
tract requirements"
Mr.. BAN calls attention to the fact that
the fall term Of school began in Septem-
Der and that, in his opinion, the pupils
were put to considerable inconvenience
on that account.
On this point, however Nolan & Sons
claim that the contracts We're not award
ed on any school except the Grant
early enough TO permit the completion of
! the work. even if there had been no de-
! lay, the contract time on the Gales and
| Garnet Schools not expiring until late in
October.
! J. T Petty. the Auditor Of the District.
! in considering the matter, reviews the
! facts as given above and cites the terms
! Of the contract. which says that the work
shall be finished in seventy-fve days
thereafter or a forfeiture Of IS viii be
charged against the contractor for each
and every day the work is delayed be
| yond the time set for its completion
n Petty recommends that the com
mum ttiOn Of the contractors, together
| with letters and other papers, be referred
| to the Comptroller Of the Treasury for his
| opinion upon the question at issue
| This recommendation has been approv-
| ed by the Commissioners.