Los Angeles herald., 1907-10-15
MAYACCEPT
OTHER BIDS
7HANLOWEST
COUNCIL GIVEN DISCRETION
BY RULING
MACHINE CONTRACT AWARDED
TO WESTINGHOUSE
Acts on City Attorneys Advice That
Under Certain Limitations Dis
cretionary Power Can Be
Used in Letting Bids

Acting on the advice of City Attorney
kHewitt, who ruled that under certain
limitations discretionary powers could be
exercised in awarding bids, the city
council yesterday accepted the advice of
the board of public works and awarded
the contract for an electric generator and
transformers for the Cottonwood Creek
Hydo-electrc plant to the Westir ghouse
company though its bid was slightly
higher than the Crocker-W Wheeler COM
pany.
Secretary Horace Ferris of the board
stated:
This board on October Z received
sealed bids for the installation of GER
tain machinery for the Cottonwood Creek
pant.
lone of the items to be furnished was
an electric generator and transformers,
for which we received proposals from the
Croker Wheeler company and the Wes-
tinghouse Electric and Manufacturing
company. The bid of the Westinghouse
Electric and Manufacturing company
was s1S,0Ss ard that of the Crocker-
Wheeler company was $17,4O0.
"The chief engineer of the bureau OF the
Los Angeles aqueduct, VIM. Mulholland,
recommends that the award be made
to the second lowest bidder, the Westing-
house Electric and Manufacturing COM
pany, whose bid he states after correc-
tions are made for difference in freight
rates is approximately $500 above the low
est bid but he states that the Westing-
house Electric and Manufacturing COM
pany has had many years experiences
in building high tension transformers
while the lowest bidder has made COM
paratively few as high as 10000 volts.
View Indorsed
This fact together with the isolated
location of the work, makes 1t, in his
opinion, decidedly In the interest OF the
city to make the award to the Westing-
house company
..The board indorses his view. but to
properly secure the purchase of this ma
chinery from the company at the price II
is deemed best to proceed under tne
emergency provisions of the city char
ter.
1--WE therefore request your honorable
body to authorize this board under the
emergency provisions to purchase the
generator from the said WESTINGHOUSE
for $1S,0 ,039, which price lncluoes the 'rais-
formers specified"
After the preliminary statement which
brought out queries from several council
members as to what course they had open
since their legal adviser had previously
ruled that only the lowest bidder could
pet an award Secretary Ferris remarked
that the board had the privilege OF rul-
ing out ali bids, on the ground tnat tne
bidders were irresponsible-and besides,
This was an emergency contract.
fimfam the others said Councilman
man Dromgold.
mot a dodge but a dodger," chimed in
Councilman Healy.
"you ask the firms to bid. then If the
right man does not put In the lowest you
Aim fam the others" said Councilman
I'VE invited them all to bid" said
Ferris. :.
"That,s pretty bad, Mr.. Ferris. Here is
i,,s+ what Il will terminate in," said Mr..
Ioromeo,d. .The auditor will say that 1t
is irregular But let's hear from MT
Hewitt"
The city's legal adviser said;
Hewitt's New Ruling
"The city charter provides that the low
as+ rppular responsible bidder shall get
the contract, but in constituting the law
the one whose figures are the lowest Is
not necessarily the lowest bidder
"Th. probable chance of the machinery
working well. the element of efficiency
and other features may be considered
as we'll as the probable capacity OF the
bidder for carrying the contract.
~ dor't want the unjust deduction
made that this applies to all cases-it
ehould be applied in reason"
..This is opening up great question,
continued Mr. Dromgold There is no
use OF anyone bidding for the millions OF