The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-29
Controversy Between the Street Commissioner
and COmpvS0lier- What Constitutes u Bad
for a COnuractl

Controversy Between the Street Comm ssssoner
and Comptroller What Constitutes u Bid
for q Contract!
The Street Commissioner and the Comptroller
on occasion of opening bids for various works un
der the Street Department, on the 26th inst, again
differed on the question of the necessity for the
suretes signing an agreement binding themselves
Tin case the bidder did not enter into the contrac)
topay without proof of notice or demand, any diff
ference between the sum for which the bidder Of
fered to do the work and that which the Corpora
ton may be obliged to pay to the person to whom
the contract shall be awarded at any subsequent.
letting.
Proposals had been advertised for building
house on the south side of 125th street, between
Third and Fourth avenues, for Hook and Ladder
Company MOI The first bid opened was that of
Messrs. Mackey. Sproul g. Co. The Street Com
missioner who, by law, opens the bids, directed his
contract clerk to enter in the schedule opposite the
synopsis of this estimate, "No bid; surcties have
not signed the consent to become bound in case the
contract should be awarded to them The follow
ing are the terms of this CONSENT
In consideration of the premises and Of one dollar TO
and each Of us In hand PAID by the Mayor Aldermen
AND Commonaty Of the city Of New YORK, the reccipt
whereof ia hereby scknowledged-We, the undersigned,
consent and agree that the contract for which pre-
cedipg estimate made be awarded person per-
making the same, will become bound sure.ss
ts faithful performance and the person pee-
shall omit refuse 10 execute such contract
awarded will pay without proof Of notice deneud
10 the ead Mayor, Aldermen and C0mmOuay, any difs
between the sum TO which such person pessous
would have been entitled, upon the completion OF such
conr act and the sum which the Corporation may be
obliged 10 10 tho person TO whom toe shalt
be awarded ut subsequent letting the amount
calculated the Estimated work
by which the bids are tested.
This agreement is what others style technical
formality"-a mere matter of form. Captain Smith
considers it matter of substance and was as clear
and decided in his views and opinions given at the
opening as he has heretofore been in his commu-
nications to the Common Council. He will not re-
cognise any estimate as bid unless the agreement
is signed, and will award contracts to the lowest
bidder whenever in his opinion it may be for the
best interests of the city.
In reference to the bids opened at the same time
for the roof Of Tompkins Market about which
there has been some correspondence between the
two departments, the Street Commissioner is un.
derstood to say that he would prefer to wait and
see the result before deciding that anything is
gained by awarding contracts at prices less than
the cost Of the necessary materials and labor. If
the general principle in itself is not sufficiently
clear, there are numerous instances in the depart
ment, connected with recent judgments and law
suits upon contracts at ruinously low prices,
where parties have been awarded damages more
than three times the amount of their estimate, and
the work is not yet done. Tompkins market has
already been delayed about year, and there ap-
pears now to be fair chance for more delays,
more law suits, more damages, and no roof.