Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-08-08

Commission Yesterday-A Contract Sub
mitted Which Contractor Bentley Re-
fused to Sisn-The Board in Inter-
minable MIDDLE on Account of the I'M
Projections of the specifications.
The bridge commission met yesterday |
morning for the purpose OF considering the
contract which the engineer was instructed
to prepare. Besides the commissioners
there were present several gentlemen who
felt an interest in the matter, from the fact
that they had made bids for the work. The
contract was read by the secretary, Thomas
Cochran, the most importont features being
a clause inserted calling for stone
at least ten inches thick (the spec-
fcation mentions no thickness); clause
empowering the engineer to stop The work at
any time he may deem fit on account of the
weather and clause imposing penalty of
300 day for every day the contractor
might be after the 1st of December in fin
ishing the work. After the contract was
read Mr.. Bentley said he thought the penal
ty of 300 was harsh He thought that there
was sufficient guarantee for good faith i'll
the Is per cent. held back and the bonds
men. He wished to finish the work in De-
cember, and had no doubt he would be able
to do SO, but there might
be unforeseen circumstances, such
MS severe frost, which would delay the
work, to cover any damages arising from
which there was the 15 per cent. and the
bondsnen bound in % per cent. of the
whole amount of the contract.
Mr. Lindeke said the board were paying
$4,000 more for having the work done in
December, and he would suggest that the
last months payment be also forfeited if the
work was not finished at the time specified.
Mr.. Dawson said they wanted to make the
contract so binding that the work will be
done on the 1st of December.
Mr.. Lindeke-There is another point. BY
getting the piers done by December we
get the superstructure completed for 20, 900
less.
Mr.. Dawson--In matters of material and
wol X our engineer is a Judge, but ne does
not pretend to be lawyer, and it would,
perhaps be as we'll to have the opinion of a
lawyer upon the contract.
Mr.. Lindeke and others of the board had
spoken to Mr.. OBrien, in the absence of
the county attorney, and perhaps the other
members would like to hear his opinion.
Mr.. G. ID. O'Brien stated that the con-
tract as it now stood meant nothing. 1t was
finish the work in December. The
300 clause was useless, for the board
would not be able to enforce it legally.
Mr.. Cochran wanted to know if the mem
bers of the board were personally responsible
and could be held by the contractors for the
100000, providing the government engineer
did not approve the work.
Mr.. Sewall did not think there would b,
any trouble from Major Allen. He woult
simply see that the law was respected in th
case.
Mr.. Bentley said that there were SOM
things which must be left till spring, such a
pointing
Mr.. Dawson-As private individual
we would be quite willin!
to trust to your honor to ge
the work finished according to contract, bu
as public body, we have no such right.
Mr.. Bentley-There seems to be dispo
sition to hamper me i'll the work.
Mr.. Dawson.-Was not your bid to com
plete the work on December 1?
Mr.. Bentley-It was, and we are ready Il
do so.
Mr.. Dawson-But suppose the bridge
not finished in December; what remedy hav
we?
Mr.. O'Brien-None; the board coul,
not collect one cent from
the bondsmen. Before the boar
could do that they would have t.
prove through long and expensive litiga,
ton just SO many dollars damage, and tina
would, in this case, be impossible.
Mr.. Bentley-'The object of The boart
seems to be to throw the proof on me il
case of litigation.
Mr.. O'Brien-I simply want the contrac
to mean something instead of nothing-tha
If you agree to do this work by the first o
December the contract should be so frame,
that it would be impossible that you SHOULD
take till June.
Mr.. Dawson-The board received doze
bids to do the work at two different times
the one in December, the other in June
The board concluded to take the offer fo
December, and it would not be fair to til
other bidders to give Mr.. Bentley the cor
tract at high figures to complete the work i
December and then allow him by loos
contract till June to do it, If he cannot d
the work by December the contract belong
to the lowest bidder for June
Mr.. Cochran-Do understand you d
not want to complete the work by Decem
Der?
Mr. Bentley-Of course we are willing t
complete it by December
MI. Cochran moved that Mr.. O'Brien /
instructed to draw up a contract accordin
to his ideas, making it binding on Mr.. Ben
~ to finish his contract OH or before Decen
Der l, and submit copy to Mr.. Bentley.
The motion was carried and the board ad
journed till o'clock
At o'clock the commission reassemble
in the county auditors office. There wei
present most of the unsuccessful bidders an
several prominent citizens Mr.. G. I
OBrien read the contract which ba had ~.
pared. 1t was in every sense very differer
document from the one reau in the mornins
1t was, i'll fact, one which bound the COL
tracing parties strictly down to the letter {
the tender and the specifications without
single loophole for escape. 1t simply amour
ed to this: That the work is to be complete
by Dec. l; that men employed are to be pai
monthly, the board reserving the right
use the money due on the work to nav th
men if not paid by the contractor; that
per cent. be held back till the work is con
pleted; that all money due on the LIST of D.
cember, with the Is per cent, be forfeited
the work is not completed, and the cor
tractors forfeit all right to the bridge and i
appurtenances absolutely. After Mr.. O'Br
en- had read this draft of the contrac
MIR. q. l.. Otis, for Mr.. Bentle
stated that the contract contained man
marsh features, and was very peculiar.
was necessary to take security that M
bentley will act in good faith. He obiecte
to the peculiar features of the documen
by 1T his client forfeited everything in cas-
Ifeshet, severe frost, tornado or an en-
demlc prevented the completion of the wo1
at the time specified, even if it wei
delayed twenty-four hours beyond IL
time. Ii his client would sign such