The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-07-11

riously considered. The next lowest
bid to William Kelley, that of the New
England Improvement Co., Is for Trini-
dad Pitch Lake asphalt, as is also that
of the Barber Asphalt Co, and the
| Warren. Scharf Co. While we saw
| Trinidad Pitch Lake asphalt pave
ments five or six years old in fair con-
dition without repairs we saw much In
very bad condition not over four years
old. Much depends on care in the Sc
lection of materials, the sand particu-
larly, and in the proper proportioning
and manipulation of the ingredients
The lowest bidder for Sicilian Rock
asphalt is the Boston Asphalt Co. This
rock asphalt is simpler in its manipula-
ton than the Trinidad, being composed
of two kinds of powdered rock, mixed
in proper proportion and heated, This
pavement is a somewhat harder pave
ment, and In the opinion of the COM
mittee is more durable pavement
than the Trinidad.
Signed, James e. Mccain, l.. IL.
Johnson, c. W. Kelly, Committee.
i In connection with this report, the
committee recommended as follows:
ITO the Honorable Board of Public
Works:
We, the commissioners appointed to
inquire into the kinds of asphalt pave
ments represented by the bidders, as
the result of our investigation, recon-
mend the laying Of Sicilian Rock as
phalt.
(Signed) James E. Mccain, L. II.
Johnson"
The records OF the board show that:
Commissioner Hoyt moved that the
| report be accepted and the recommen-
dation adopted. Commissioner Bishop
moved to amend that Pitch Lake as
phalt be recommended instead. The
motion to amend was not seconded
and the original motion was adopted
Commissioner Mccain moved that the
contracts for permanent asphalt pave
ments in Orange, Chapel and Trumbull
streets be awarded to the Boston AS
phalt Co. Commissioner Bishop moved
to amend that said contract be award
ed to the'New England Improvement
Co. The motion to amend was not sec
onded and the original motion was
adopted The contract was awarded to
the Boston Asphalt Co."
Thereupon the Board of Public
| w OIhS, OH DeHdlL OIL the CITY Ol NEW
Haven, entered into written contracts
with the Boston Asphalt Co., which
were duly signed and executed by both
the parties thereto. and the Boston As
phalt Co procured the written guaran-
ty of the American Surety Co. to the
city of New Haven, on the three con-
tracts for the three streets mentioned,
to the amount in all of $9S,000, being
fifty per cent. of the contract price.
This guaranty provides for the faithful
performance of the contracts of the
Boston Asphalt company, both in the
construction of the pavements, and in
their satisfactory maintenance for a
period of ten years.
The Board of Public Works further
respectfully submits that the city of
New Haven having entered into the
above mentioned contracts with the
Boston Asphalt company, it would
clearly be breach of the contracts on
the part of the City OF New Haven for
this board to refuse to permit any
work to be done on either Orange,
Trumbull or Chapel streets by the Bos-
ton Asphalt company in the perfor-
nance of such contracts.
We are further Informed that the
Boston Asphalt company, in reliance
upon the contracts, prior to June 18th,
1896, had bought substantially all the
material, to arrive from Europe, to be
used in the performance of such con-
tracts.
Any action by this board Of the ma
ture required in the resolution of the
Court Of Common Council of June 18th
1896, might properly be treated by the
Boston Asphalt company as breach
of the contracts on the part of the City
of New Haven, which would entitle the
Boston Asphalt company to consider
the contracts as broken by the City of
New Haven, and to recover from the
city the profits of the contracts without
the performance by the Boston Asphalt
company of the work imposed upon 1t
by such contracts.
In other words, if the Board of Public
| Works refuses to permit the Boston
Asphalt company to perform the con-
tracts, so far as this board can see, the
City of New Haven would be held in
damages for the entire prospective
profits which would arise to the Boston
Asphalt company in the carrying Out
of the contracts by it, while the City Of
New Haven would not receive one pen
ny of benefit.
And Furthermore, the Board of Public
Works submits that as we'll under the
charter of the City of New Haven as
under the act of 1895 (Which must be
interpreted by the charter) the Board
of Public Works is by law the only
lawful agent of the City of New Haver
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