Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-09-27
ordinance. A soft vein having been struck
in the courts substance, Jacobs was allowed
until to-day to sop up the slops, and
disinfect
DODGING A CONTRAcE.

DODGING a CONTRAcT.
How Contractor Who Was not the Low
est Bidder Got a Contract but Does not
Come to Time.-Sewall Criticised Again.
The special committee, composed of Aid
ermen Smyth and Rhodes of the Fifth
ward, to whom was referred the matter of
grading Bates avenue, and the establishment
Of grades on certain streets in the Fifth
ward, met at the city hall yesterday at 8
o'clock P. M.
Besides the committee, there we're present
Clerk German, of the board of public works;
City Attorney Murray, Messrs. Kiefer, Got
zian and Dean.
The first business presented was the Bates
| avenue matter. The affair stands about
thus: Mr.. Dean was awarded the contract
for grading at 20 cents per yard, and surfac-
bid being II cents for grading and 80 cents
for surface work. MIR. Dean, the contractor,
wishes to escape from the requirements of
the contract, and the property holders wish
| to hold him to it, or at least to have the
street put in passable condition.
| The committee invited a general express
sion of opinion by all the parties to the mat
! ter. An informal talk of some length fol-
lowed.
Mr.. Rhodes contended that Mr.. Dean was
not the lowest bidder by $1OO, excepting the
surfacing of the streets.
Mr.. Murray said that at first the property
holders didn't want the surfacing done, but
finally concluded to have it done. Mr.. Dean
bid on the supposition that the surfacing
was not to be done.
Mr.. Smyth said, for all that Mr.. Dean
| had bid to do the surface work, and if it
was the intention not to have it done, bids
should not have been asked. Any contract
under such expressed Or implied agreement
or understanding was altogether wrong.
Mr. Murray--The surfacing was left to be
done at the discretion of the city engineer.
! Mr.. Rhodes-The contract doesn't say SO.
/ The property owners in chorus--Thats So.
Mr.. Smyth thought the case required
only payment to Dean, in a ratio to the
bid made by Cleary, the lowest bidder on
the whole work, for work done, provided
| the property holders would not hold Mr..
Dean to the full letter of his contract.
Deans estimate for the work is 81 AL, and
according to Cleary's bid the same work
would have cost ST. ,292.
Col. Kiefer found objection to the gener-
al grading; it was neither straight, nor were
the sidewalks such as met the approval of
the property holders, nor correspondent with
the original grade. Mr.. Deans and Sewall' 8
(city engineer) attention had been invited to
this, but no notice had been taken of the
protest.
Col. Kiefer was asked if the property
holders were determined to have the street
surfaced, and answered, yes, they were. He
continued that since the grade, the street was
worse than before, the topp ng being alto
getber faulty, and the sidewalks were obiec-
.ionable.
i Mr.. Snyth stated that tho owners had a
right to have The work done at the lowest
possible rate, and in that Clearly was lower
bid, yet Dean hal undertaken the
contract, he should be made to do it at the
rate bid for by Cleary.
Messrs. Kiefer, Freeman and Rhodes took
occasion to criticize Engineer Sewaii.
Mr.. Freeman said he didn't believe that
Engineer Sewall had ever looked at the
street.
eyes, he has, said Mr.. Murray.
Col. Keifer-ssWell, he ought to have had
the work done satisfactorily
Mr.. Rhodes-The trouble with MI. Sewall
is that he is rather too fond of his indi-
viduality. He will not do anything that he
does not want to do. Time after time mat
tiers acted upon by the council are subse-
quently passed upon by Mr.. Sewall and his
ipse daGit must be final, so he thinks.
Mr.. Murray Remember he is profess
sional man,
Mr.. Gotzian said he world consent to
substitution of Cleary's terms for Deans,
provided tie latter would remove the loose
sand he had put on the street.
I Mr.. Smyth said the contract was hor-
rible one, and ought never to have been let.
At the suggestion of Col. Kiefer, the mat
ter was further postponed until inquiry
could be made of property holders as to what
adjustment could be made with the con-
tractor.
The committee then took into considera-
ton certain proposed grades, and alterations
in the original grade in the fifth ward. The
committee approved the grade on Olive
street from Seventh to Grove street; Pine
street from Seventh to Grove; Locust street
from Seventh to Tenth street; Neill street
from Seventh to Ninth; Williams street
from Seventh to Grove Seventh street
from Kittson to Broadway; Eighth street
from NELL to Broadway; Ninth street from
Neill to Broadway Tenth street from Grove
to Broadway; Fifth street (grade already
made) from Jackson to Broadwa. Eleventh
street from Olive to Broadway, and Twelfth
street from Pine to Broadway.
The committee will present resolution to
the council at the next regular meeting for
the adoption of these grades.
Adjourned.