Evening journal., 1916-06-06

held on the ground by residents of |
Pencader and ST. Georges hundreds. |
The adoption OF Plan b, at the time |
OF awarding the contract for the por- !
tion of the road from station to |
station 222 was not practicable be-
cause of the fact that at that time
negotiations we're pending with the I
Delaware and Chesapeake Canal for I
the purpose Of acquiring the neces- |
sary right of way for the adoption |
of Plan b. The adoption of Plan b |
only affected the last one thousand |
feet Of a road about four and thirty
eight-hundredths miles long.
Statement by Commission of Engi- |
neerS.
"On page the document also
states that The right to decrease or
Increase quantity of work and to re-
iect any and all bids is expressly
reserved. There is no statement as
to when this increase or decrease
is TO be made and no information is
given as to the probable extent Of
the decrease or increase in quanti-
ties. As the requirements provide
for a lump sum bid. there should be
no increase or decrease made at the
time the bids are received and the
contract is awarded"
Recommendation by Attorney for
Levy Court.
The above suggestion OF the COM
d mission of engineers should be adop-
ted. There should be no increase or
decrease made at the time the bids
are received and the contract is
awarded where the specifications pro-
vide for a lump sum bid 1t is
therefore recommended that the pro-
vision in instruction to bidders which
states that "The right to decrease or
increase quantity of work and to re-
iect any and all bids is expressly
reserved" be stricken out and that
. I'm lieu thereof the following be in
serted "The right to reject any
and all bids is expressly reserved
Statement by Commission Of Engi-
neerS.
Specifications On page Z. Section
3. occurs the statement that the con-
tractor shall not deviate from the in
tent Of the plans or specifications
without the written order Of the con-
tracing parties and the highway
commissioner. This is an exceeding
q ly dangerous proceeding as it would
seem to allow the highway commits
sioner TO deviate from the intent OF
the plans if he saw fit, which prac-
tice is bad procedure"
Comment and Recommendation by
Attorney for Levy Court
BY reading the whole of Section
8 il can be readily seen that said
section will not bear the construc-
ton placed upon it by the commits
sion of engineers.
r Said section does not allow the
highway commissioner 10 deviale q
n
sees fit. but authorizes such varia-
ton of location, profile, size. and di-
mensions from that shown on the
plans as may be required by the eXi-
gencies Of construction to be deter
mined by the highway commission
er. AS suggested above, under the
law. the Levy Court has the author
itv TO make necessary changes III
matters of detail II is therefore
recommended that no change be
made in the language of said sec
ion 8.
statement BY Commission Of Engi-
I'm Section u occurs phrase
found in many of the sections OF the
specification, namely, "or ordered by
the highway commissioner or super
visor" II one official should give
one direction and the other otficial
another which should the contractor
carry out? The indefniteness is ap-
parent. The word or is used in inc
same way in many parts of the con
tract.
Levy Court.
changes should be made in specih
cations relating to the authority o.
the commissioner supervisor and en-
fineer. but not as suggested by th'
Commission of Engineers. II IS pro
. vided nv Section 1908 of the Revised
Code of the State of Delaware, A. u
1915. that said highway commissionel
shall take entire charge of the wori
done under said contract, ana hl'
decision upon all matters pertalnlns
TO said contract shall be hnal III
said section further provides Tor th'
appointment of a supervisor OF IN.
construction of the work under sucl
contract with mower in the commits
sioner at any time to summarily dis
charge the supervisor if in his Judg
ment he is incompetent, or neglects nj
duty. with authority TO appoint a neV
sunervisor to take the place OF IN
one discharged. The said sector
further provides that the supervise
shall sunervise all work done unde
said contract, shall give MS Who'
time thereto. shall require the proWs
ions of the contract to be strictly ad
hered to by the contractor, and u
anv case where the contract provide
for partial payments during the pro
qress of the work he shall also a
each payment becomes due ana pe
fore paymnts shall be made presen
10 the Levy Court. and to the sai
commissioner. a certificate and also
certificate OF the surveyor or engineer
~ anv there be. stating as near a
NAV be the total amount OF wor
done. and that such work has pee
done in all respects as required o
the contract. and when the work sha
he fully completed and the terms an
conditions of the contract shall ?
fully complied with. and such facl
shall have been certified to. the sai
Levy Court and the said commissions
In their satisfaction by the supervise
and the surveyor and engineer II an
there be, payment in full shall
made
,t From reading the said provision
NJ the said section it is clearly al
narent that the supervisor and eng
neer if any there be. have certal