Daily press. [volume] (Newport News, Va.) 1896-current, 1909-10-26

sand base. upon which the yitrned
bricks were laid runs all the way IRON
four inches In one place TO one nan
an inch In another The city engineer
admits that he directed that only TWO
inches Of sand instead OF tour inehesi
should be laid ON those streets on
which there were street car tracks,
!, and that neither he, nor any one OF
his assistants was superyiing the
putting down of the and base on the
other streets, upon when the Fiori'
fled bricks were being 1874
Authority Vested IN Committee.
..Tha oath clause of the contract IS
| I'm the following words The right Is
expressly reserved by the city or New
port News. through its committee on
highways and sewers, TO order ihe
omission of any portion OF the work or
materials called for by the plans anc
specifications. or 10 order any add
ton thereto. or to make any aitera-
tions whatever in the nature OF the
work or material called for therein,
provided the said order ne In wfl'ihs'
and the amount of compensation 10
be added TO or deducted from the con
tract price for such addition or omis-
sion shall be determined and nxed ns
a written agreement between tne
contractor and the committee on hish-
ways and sewers; and IN case they
should fail 10 agree upon the amount
to be so added or deducted, then the
amount shall be determined by the
council OF the City Of Newport News,
whose decision sha.. be final and bind
ing upon both parties, and 1t Is ex-
.pressly understood that sucn alterd-
tions, addition or omission shall In no
way inyalidate the contract, and the
contractor hereby agrees not to bring
suit for any damages whether by Joss
OF profits or otherwise. on account OF
such alterations additions or cmis-
sions'
at will thus be seen where, alone,
the power lay to vary the contract.
There Is no doubt that'the bus for the
brick paving contemplated four inches
of sand under the pavement and the
excavation of the streets to SUFFICIENT
depths for four inches OF sand. the
city engineer claims that by reducing
the depth Of the sand under 4 bricks
on the streets where there are street
car tracks. to two inches. he was en-
abled to get better job. If It was
necessary to reduce the sand base TO
two inches, II was his plain duty to
report that fact to the committee on
highways and sewers. 80 that the
contract price could have been adj
justed in accordance with the said
clause SO. to meet that condition. II
the contractor gets pay from the city
for four inches of sand and for ex-
cayating therefor. when he has fur
nished only two inches and excavated
for only two inches. it is plain that the
city is paying him for what ii did NOT
get.
Contractor Had to Obey Engineer.
THE AZ clause o. the said contract
provides, When city engineer or en-
gineers is mentioned in these specifi-
cations it means the engineer employ
ed by resolution of the council APP
proved July so. 1908, to prepare plans
and these specifications. He shall
have full charge of all the work under
these specifications: his orders shall
be obeyed by the contractor or his as
sistants. and In the absence OF the en-
gineer his assistant or assistants will
act fer him en- behalf of the city That
Continued on Fourth Page.l