Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-11-20
CONTRACT Is BINDING
DECISION REACHED REGARDING
CONSTRUCTION OF SEWER.
Andrew Gleeson's Request for the Re-
moval Of Distractions and
the Response.

| Andrew Gleason, who holds q contract
with the District for the construction Of
section B of the street and New Jersey
avenue trunk sewer, has written to the
Commissioners asking that action be taken
| by them with view to causing the re-
moval of distractions from the line of the
proposed sewer, He states that he entered
into contract with the District to do the
work October o last, and that the Penn
sylvania Railroad Company subsequent to
the date Of his bid for the construction
work was given permission by the Com
| missoners to build large number Of tenn
perary tracks and to deposit a large guam
tity of building material on the ground
through which the proposed sewer is to be
built When he examined the ground pre-
V1ous to preparing his bid, says the
writer, there were no obstacles on the
site, and he made his proposal with the
understanding that there would be OBJ
stacles on the line Of work.
Mr.. GleesOn states that several days ago
when he requested the railroad company
to remove their tracks and material from
prepared to construct he was much sur
prised to be informed that the railroad
company required him to deposit $1,000
for the purpose OF reimbursing them for
the expense to which they might be put
in removing their property. or in caring
for it while the work Of constructing the
sewer was in progress. The writer says
he is willing to begin the construction of
the sewer, but is not willing to deposit any
money for any work not covered by his
contract.
Col. Biddle's Recommendations.
Col. John Biddle, Engineer Commits
sioner, recommends to his associates on
the board that the writer De informed that
the Commissioners must insist on Mr..
GleesOn carrying out the directions given
him as to beginning work on the sewer
Continuing. Commissioner Biddle states:
Bids for this work were received on
August %. The lowest received was that
Of Quincy, Jones & Cavan, to whom the
contract was awarded, but on account Of
the death of Messrs. Quincy and Cavan
before the work was started the award
was recalled on the ground that the firm
was not responsible bidder, and the con-
tract was awarded to Mr.. Andrew Gleason
on October 3, and he entered into a con-
tract for the same, under date Of October
Q. Mr.. Gleeson's price for the work was
$4,000 higher than that of Quincy, Jones
& Cavan, but his bid accepted as be-
ing the lowest responsible one.
About the date bids were received, on
August %, the Commissioners granted
permission to the Philadelphia, Baltimore
and Washington Railroad Company to lay
temporary tracks and pile certain material
over the line of the sewer. This permits
sion was granted in pursuance of law and
as a necessary incident to the elimination
road. The tracks were located at the time
the permit was issued, and were actually
in place, therefore, about forty days before
Mr.. Gleeson entered into contract for the
sewer on, October g. They are as lawfully
located as the main tracks Of the company.
1.-The contract with Mr.. Gleeson states
that the contractor shall, for the prices
bid DO all the work prescribed in these
specifications; shall make all
provisions necessary to maintain and pro-
tect railways and other struc-
q nd hot tha
tractor shall make the necessary arrange
mentS to do this.
"As the temporary tracas were laid prior
to the execution of the contract and were
existing when the contract was executed
they were within its terms, and Mr.. Glee-
son is required to take the necessary steps
to protect and maintain them.
Mr. Gleesons statement that his esti-
mate was made with the full understand
ing that there would be no obstacles on
the line of the work does not affect the
matter, as this understanding was not mu
tual and was therefore no feature of this
contract"