Newark post., 1915-03-10
s EVER LITIGA TON
MEMBERS OF COMMISSION ISSUE STATEMENTS
COUNCIL WILL BACK HOSSINGER

for disposing Of sewage and shall
employ such assistance as it deems
necessary and proper to prepare
plans, specifications, and estimates
governing the construction Of the
work. Accordingly Mr.. T. Chalk
ley Hatton was employed to pre-
pare such plans, specifications, es-
Inmates, etc, and they were prop
erly exhibited, and submitted to a
vote Of the property owners, pur-
suant to the act.
The next step was to have work
ing plans and specifications pre-
pared and to solicit bids.
An agreement was entered into
with Mr.. Hatton by the Council of
Newark to take complete charge Of
the work on a percentage basis. He
prepared the advertisements, in
structions to bidders, forms of pro-
lposal, contract and bond, and COM
plete specifications governing the
construction of a Sewage Disposal
Plant and a System of Sewers, and
was to be Chief Engineer during
the construction. My understand
ing was that Mr.. Hatton was to be
the expert in charge, and that the
Commission was to act upon his
recommendations and acting as
agents Of the Council that they
were to carry out to the letter any
agreement made. Sealed proposals
for the construction of the system
were received and opened at the
Council Chamber on the 25th day
of June 1913, and L. B. Jacobs be-
ing the lowest bidder, the contract
was awarded to him, and in due
time was properly executed by him
and the Council of Newark.
Sections Q and R of that agree
ment reads as follows:
@. Construction work must be.
gin within ten (1O) days from the
date of the Chief Engineers no,
tice 70 begin the work, and all the
work contemplated in this agree.
ment shall be completed and ready
for acceptance on or before the ex'
piration of one hundred and fifty
(150) working days from the date
of such notice from the Engineer
| working days here meaning
every day except National lega
holidays and Sundays.) The time
Of completion, as above stated
shall be increased or diminished il
the same proportion which tht
amount of the final estimate bears
to the total amount of the proposal
1t is distinctly understood ant
agreed by both parties hereto tha
the time specified for the compile
ton of the work is of the essenc'
Of this agreement, and the Con
tractor shall not be entitled to clain
performance of his agreement un
less the work is satisfactorily com
pleted in every respect, within tn
time agreed upon.
, Section r. If the Contractor i
, permitted to finish the work afte
the time for it's completion, a
| named in this contract, has ex
: pired, or, if the work is complete'
as provided in Paragraph 7 of thi
contract, the Sewer Commission
3 shall and is hereby authorized t
l deduct monthly from the estimate
: of the amount due the contracto
: under this agreement, and shall pa
to the Chief Engineer and inspet
tors. as fee, salaries or wages fo
| services rendered after the expire
e ton of the time specified in thi
!, agreement for the completion 9
the said work, sums which shall b
s equal to the same average per diel
s amount as would have been pal
: the Chief Engineer during the pei
e iod of this contract, if completed i
S Continued on page y