New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-28
,.. ., nnweage By him that thoy are kely to prove

horonSh examination Is matter OF expense, aPpVeo"
10 avoid these difficulties has been Suggested tna I'm
cases of excavation contracts mgnt DC ee de-
arth s,aratey and then after the rock IL aDsoue 10
aSed fo the rock excavation and all other parts OF Tue
work But the mo dasy snd expense Incident to
double Of contracts and cohttactors, 100 Il de-
counts the fact that nc pubic ocer las iou " U'
r. must therefore be evident 10 any one looking larry
oImate accuracy the relative quantities Of earth ana
rock involved IN excavation, by no means ne tbo nn
incapacty carelessuess on the part OF the en-
ecr Indeed the wonder not that the estimates are
In some at fault but that they are 80 % ~
rigbt The accompanying schedules VIII snow that III
the GREAT majority Of substantial accuracy is s
aned Instances such as those recently INV
public reprobatOn being very excepuohN anu sehei'
explainable upon their OWE circumstances
EXPORTS TO AVOID THE CONSEQUENCES OF SUCH
UNCERTAINTY.
peco,nizinc this necessary uncertainty OF estimates,
the pubc officers have for the last thirty years endeaV
ored TO reduce to minimum the possibility OF loss there
frc nv various notifications in the forms Of contract
Prior 10 1854 the system OF submitting al parts OF
proposed work for separate bids was abandoned ana Ia
contracts involving rock excavation it Vas agreed t
paymep therefor should be made according TO QUANTITIES
actually performed at price TO be agreed upoh anu u
wore received only for the other parts OF the WORK 7
mefhod furnished protection to the CITY, put WI WI
demued by the courts BRADY vs. The Mayor ~ w -
Agan IL was endcavored bids Of due proper
ton by clause requiring that IU Of that
ofered for rock excavation. This also worked Wen III
pace ~ 6ds violating this rule Boyle's contract Tor
regulating FOTty-tiird ST. from tstaNe 10 LSo tra
Yet again protection was sought IN Io.i u id he
s,innlsting that fixed extraordinarily $l-WOIlu 1e
paid for every yard Of rock actually eACd ~ IL Ys
were invited only for the other parts OF the WoTk M
Nan Ike The other also answered the demand OF the sl
naton but the Court OF Appeais prohouSSSS4I ~ 81
Gnatter of Mahan 81 NJ " 6Zli matter Vi u''i'" %
Two methods remained One, invite Jump bids for
doug the entire work. Inc Oulefi tuc
ancient practice of inviting separate 6ds Tor Tor
each part Of the work 1t was Tead S per dcnv Of an
erroneous or imperfect estimate wOuld not ne aNOue
The bidder would make his Dld Ige SIoc roctors con-
tinuously work loss Hence the uncertainty Wouu ~
Of increased expense on all contracts would more than
canal the losses under any other system. , -,
In view Of these circumstances ard under the judicial
construction given to the law, this Department, upon
June r. 1876 returned in the case OF TO
method Of inviting bids for each class OF excavation ahd
thenceforward abandoned notifications IN contracts TOT
other classes of work, and there began anu "
appear series Of unbalanced bids to an extent
dring the use the modified forms OF contract buV tS
comparatively small loss TO the city from such hds WIZ
appear the fact that the aggregate cost OF III
tracts made aud completed under me has been less I
one per cent above the estimate Ia ,,oooa
mis- fact must show and Of itself an unbalanced
bid is not necessarily fraudulent and such 3eng the case
before stated has t been the dSsSe d # the lowest
bid in regular form, and no knowledge OF actual duu
Indeed under the law of 1861 chapter 30s according
10 the advice OF the Law Department sustained supse
ouently by an opinion of the Court OF Appeals fu VS.
ne MAYOR. SO N Y, 2j4l, the contract immediately
yes. f. Tie lowest bidder by force of law aud without
that ths law had undergone any modification until the
both day of August, 1883, when was ADVISED by the
toSinS eject April l. 1888 and supposed to be merely
coditlcatiOn and not change OF former laws ha oy s
sixtyourth section given to heads OF departments tne
right reject all bds9 power which mad oeen sought III
Al against this positive provision of law vesting
tract, agreement between the pup nnn0 0 b ae
stipulation varying the rights Of either the bidder or tle
CITY: he had no power depart from the requirement OF
law in order to introduce provision wDlch might 70 MN
seem 10 the public advantage. 1t ID the VIII or inc law
making body and not of administrative officer Whc1
must determine such questions Therefore was aoatsou
thai clause retained from ancient forms oil invitation
for bias and which assumed to authorize officers 10 reject
all bids was invalid and Amounted 10 nOtlg ms WiS
upon the doctrine declared by the Court OF Appeals IN 'he
OF the Police Surgeons PeopiS eT IeL yiI6 w.
The Mayor, 70 N y 80 VINO were helu W ~.
the fu salary of So $50 fixed by law, NOTWITHSTANDING
that their appointment was upon the express az d @
with the Commissioners that they shOuld receive anu
cept only $1,000. The positive prGVsioas o Id" uS w
o6eyed and cannot De EaTeu pI fr oUdans the geo
logical formation OF Manhattan Island, the lclai pro
tory right of the lowest regular bidder to receive con
tract it viii be readily that except upon PROOF OF
actual fraud there was unJu reeehIy NJ Pi"'o''io"
against unbalanced bids
CONTRACTS MADE IN THE LAST THREE YEARS
Idesire now 10 can attention 20 the paper herewith SUD
nitted beng statement in detail Of every contract ioI
regulating grading, sewerng or paving made ana com
pleted under the present Commissioner Of Public Works
This statement drawn from public records accessible 10
every taxpayer shows with absolute verify every con
tract for either the three classes Of work made ana
completed under Commissioner OF Public Works
To any one carefully examining this schedule It VIII APP
near that have made and carried 10 completion 363 con
tracts at cost of -, 234 s2S % while the preliminary
estimates called for S3,2l5622 90 Upon TINS Increase
of Sl92 POS 81, being less than per cent confidently
challenge the Judgment Of the engineers OF this country
is insty subject TO wholesale condemnation in
carrying 363 contracts during three years at an ex
penso Of than 100000 he has exceeded MS cst
mate Of cost by less than one per cent.
do not deny and shall hereafter explain the existence
of contracts not yet completed which are likely 70
show a satisfactory result, but the ultimate DISPOSE
ton those is not yet determined and know OF
BILE than consideration Of all the contracts actually
made and completed under me- These contracts are IN
summary ,,.....,., .,.,u ,,,
90 tTse1s i---. SO sO62l9 y
10 10 S ssSGl 278s6o 2G565S 81
1913 contracts OF all kinds m s82l5622 SO s3l3i828 %
Al my request the engineer in charge OF sewers mas re
ported that sewers are now being D9t muer twenty
eight contracts of which the cost as originally estimated
was, round numbers, $4,000, while the cost pr0nab'
from the present developments Of the work VIII be $3l9
OOO an Increase Of less than two per cent
Similarly, the Chief OF the Bureau OF street Improve
der him. being thrtylsx in number and iftherc be
cepted three contracts hereinafter specifically explained
appears that the cost CT all these incomplete cOnlfac
for regulating and grading will be less than five per cent
the estimates
belief that the prosecution OF the work under all con
tracts made by whether complete or incomplete wiz
painabe, the excess OF cost over estimates VIII no
amount to two per Such variation as this is hard
incompetence nefcency or lack integrity the par
Of officers under whom 1t resulted.
THE MATTER OF ASSESSMENTS.
This record of all the work Of these classes done within
my department Is not satisfactory than Is tn
record OF the for work done under the pres
ent Commissioner OF Public Works.
bas been charged since 1876 assessments 10 tn
amount OF more than million dollars have beer
vacated reduced. principally account OF unbalanced
bids and largely by the Assessment Commission Tit
apparent object OF the chUrge being 10 induce beef tina
IN some way other I have been or am pursuing
course contributing such modification OF assessments
say the suggestion is abOminably Incorrect ana ui
Just, and state specifically that
No contract made by under Inc, has ever been
before the Assessment ComuissOn has any ASSESS
Inen for work done by been modified 10y thai
Commission.
2 Al am informed. assessment for work done un-
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