The Hawaiian gazette., 1905-01-13


specifications are purposely drawn so
as to unfairly exclude competition on
even terms is so strong that It is i'm
possible for any contractor to safely
bid upon them upon any future call for
tenders, II such there be.
CONTRACT WOULD HAVE BEEN
PROFITABLE.
1t is with great reluctance that 1 am
obliged to do this, as there is n good
margin OF profit in the price bid by
this company. provided II Is permitted
to use standard concrete constructing
apparatus, instead OF it's being requir-
ed to use machine which does not ex-
government to try and invent such a
machine. which when invented. will be-
long to such officers and not to the
contractor who pays for 1t.
I wish to corroborate the statement
made by other contractors that brick
building so planned as to be an equiv
alent in strength. finish and water
proof qualities, with the concrete build
ing designed by Mr.. Beardslee, can be
built for less money than such con-
crete one. The brick building describ-
ed In the specifications is not an equiv
alent of the concrete one, but is much
more elaborate and expensive one.
desire to further call your attention to
the fact that the specifications are so
incomplete and imperfect that there
must necessarily be extras to a large
amount in order to properly complete
the building fit for occupation.
FAIR SPECIFICATIONS AND RE-
ADVERTISEMENT ASKED.
In the interest of fair, honest deal
ing, of the general public and of the
contractors OF Honolulu who have
through no fault of their own, been
compelled to waste much valuable
time upon this matter, respectfully
request:
First. That the specifications for the
Insane Asylum may be so changed as
contractors to bid on a fair and equal
basis.
Second. That IL tenders are called
for a concrete building, the require
ments may be so modified that stand
ard apparatus for making concrete
blocks may be used.
Third. That provisions which unfair
ly exclude brick construction may be
eliminated.
Fourth. That when so changed, ten
ders may again be called for. to build
the Insane Asylum.
Enclosed herewith please find copies
re l,n 80 N.
this company and its bondsmen, in
Guiding evidence secured by such
bondsmen, above referred to.
1 have the honor to remain,
Your obedient servant
CHAS. H. GILMAN,
President American Hawaiian Engi-
neering & Construction Company.
Limited.
December 22, 1904
L. A. Thurston, Esq, City.
Dear Sir: I am a surety on the
bond of the American Hawaiian En-
cheering & Construction Company, 10
secure the performance of the contract
with the government, to construct the
Insane Asylum at Honolulu in thir-
teen q3) months.
The contractors are DESTROYS Of 60
ing on with the contract, provided
they are not required to do the i'm
possible. claiming that there is good
profit in it. do not wish to interfere
with their doing so If it is safe for
them to go on; but certain questions
have arisen in connection with the con-
tract which make it necessary for me
to know their legal status in the mat
ter, as bearing on my responsibilities
1 therefore request that you will ex-
anime the contract and correspond
ence, which the contractors will place
at your disposal, and such other in
formation as may be available, and
advise me upon the following points,
viz:
The contractor claims that no ma
chine exists which will make the con-
crete blocks, under 400 lbs. pressure
to the square inch, called for by the
contract; but that such blocks can be
perfectly constructed by standard hand
tamping apparatus, which 1t is de-
sirous of using.
Question /. If this claim of the con-
tractor is correct will it be legally
justified in proceeding with the con-
tract, using such hand apparatus and
ignoring the pressure clause upon the
theory that 1t requires a commercial
impossibilty. If the Superintendent of
Public Works refuses his consent?
Question g. If the superintendent
consents to ignore the pressure clause,
will the contractor be safe in going
ahead with the work, or would it be
liable to be enjoined?
Question 3. If this contractor cam
not proceed except by complying with
the pressure clause. can the govern
ment compel it to go on with the con-
tract or hold the bondsmen If it does
not?
The contractor states that the spe-
, cifications are unfairly drawn in sew
eral respects, for the apparent pur-
pose of shutting out or hampering
| competition and giving a particular
| company, the Concrete Construction
Co an advantage over the bidders