Evening journal., 1916-04-22

there should be but one lowest bidder
on any one contract In accordance
with tn present practice. there may
be as many lowest bidders as there
are combinations Of stone.
Construction Of bituminous ma
cadam pavement (bituminous pave
mont built by penetration methodl and
bituminous concrete pavement Obi
luminous pavement built by mixing
method. section rs to 36 inclusive
The specifications for these types OF
bituminous pavements are unsatisfac-
tory and incomplete. with reference to
materials and methods of construction
employed. We advise as a substitute
for the above sections, the standard
specifications for bitumninous ma
cadam pavement and materials to be
employed in connection herewith, as
adopted October s. 1914. by the
American Society of Municipal I'm
provements and the Specifications for
Bituminous Concrete Pavement, using
for the mineral aggregate broken
stone. consisting one product Of a
stone crushing and screening plant,
together with specifications covering
the bitumninous materials to be used
Herewith. as adopted in October
1915. by the American Society Of Mu-
nicipal improvements
Under "Culverts and Drains" a part
Of section Al reads: "All joints. II so
ordered by the highway commits
sionor or supervisor, shall be filled
with first quality Portland cement
All details Of this nature should be
described in positive language where
such details can be determined upon
in advance Of advertising the contract
Section AZ includes a similar, indefinite
provision as follows: "and trench
filled with pervious earth or broken
stone as directed by the highway COM
missioner or supervisor" There be-
ing considerable difference in the cost
of nervous earth and broken stone IN
the interests OF equitable bidding II
should be specified in advance where
each is to be used in cases where both
are TO be employed in the same con-
tract. and in cases where only one IS
to he used it should be so stated.
Section A provides that the High
wav Commissioner is the only official
who NAV pass upon the completed
road. This provision is proper and
should be adopted throughout the
specifcations instead OF allowing al
tentative authority.
Under NO Extra Price Section
46 states that "All clay or gravel Tor
shouldering or binder, and all extra
baulinq is to be done at the con-
tractors expense" AS these ma
terials. for the purpose stated, should
be paid by the county as parts o.
items OF construction covered in pre-
coding sections. this section should
be eliminated.
Section 80 requires a check for $500
10 accompany each bid Although i
Is stated that a certified check viii
be required, it is further provided
that the check is to be "signed by
the bidder or bidders and one or more
responsible freeholders OF New Castle
county or executed by a company
duly authorized TO do business in thii
State" The above section shoulC
call for a certified check without pro
vision for the submission OF a checl
endorsed by a freeholder.
Section 50 provides for the roa'
10 be kept sprinkled until the fna
certificate OF completion Is given b,
the Highway Commissioner. Thi
would seem to indicate for the yea
after first acceptance which require
ment is severe, unwarranted and un
usual.
Section "a provides that the con
tractor agrees TO complete the con
tract within the number of working
DAYS named in his proposal. Thi
assumes. as is undoubtedly the case
that the contractor is allowed 4
state I'm his proposal the number o
DAYS which he will require 10 com
plete the work. This is bad prac
tice. The Levy Court should dc
termine in advance how much tim
should be allowed in which to com
plete any one contract and all bid
ders should be required to subml
their proposals accordingly. In othe
words. all bidders should base thei
nroposals upon the same conditions.
Section 54 further provides for
forfeiture by the contractor OF 81
for each day that the work shall rt
main uncompleted after the time a
lowed by contract. and that bonu
or premium of 81 a day will be pal
the contractor for each day the roa
is completed before the time specific
I'm the contract. Based on our know
edge OF engineering jurisprudenc
and the practice OF courts in case
pertaining TO penalties and liquidate
damages, we do not believe that III
above provision would be upheld
a liquidation case. We Tecommen
that section % provide that the col
tractor agree TO complete the contra'
within the number cf working da!
specified in his contract and that 81
for each day that the work shall n
main uncompleted after the time
the contract shall be deducted, not :
penalty. hut as liquidated damage
from any monies due the Contract'
unless otherwise agreed upon by q
Levy Court after presentation of
certificate from the highway commi
siOner recommending the extension
the time limit OF completion.
Section so provides that the contra
tor shall keep the road in repair for
period Of one year, and that the Ley
Court shall retain five per cent. OF u
contract price for period OF one yea
and that IL the contractor does n
make satisfactory repairs the Le'
Court will have the right 10 nal
necessary repairs and deduct the co
thereof from the five per cent. due d
contractor. We are of the opinion tn
this provision materially increases q
contract prices OF road work In Ne
Castle county; that the provision
unwarranted IL the work is construC
ed under competent supervision al