New-York tribune., 1908-12-11

| AIiar..., ,,,der sectior 4fo of the charter on
| Decennber 6. 1904 this estimate carries iter1s
! when erected Of money value "a per cent oe
! yond contract authorization. ..,
| The communication further states that the
| development Of detailed plans has now pro
gressed so that II is possible TO estimate accu-
| retelv what the total weight Of the structure
will be, and that as the Vork Is on o. uie.z ss
quantities. with necessarily some uncertainty az
| To the accuracy Of the estimated velghts Lne
| Commissioner has the option OF increasing or
decreasing these quantities the need arises:
| He states that this estimate nov shows the to'aI
cost of the work TO be S7.01925N. or an lhcTedS9
over the originally estimated cost OF - per cent
1s1 2s6 9s55 of which per cent. as before noted
| had been already authorized. This Is an excess
fs hez-ond what is usually allowed for variation
in weight of bridges computed from et[aII ~
sheets as against their actual WeighLs' Whlch -
5 per cent. =.
Increased 80 per cent beyond estimated Guanfi-
ties on which the bidders have competed AZ tno
option of the contracting officer the genera p1r
pose of com 1petitiVe bidding viii nave oeen nu'!, ~
fed and it would appear that the pFoC'euuI9 a.
be followed is that outlined for e1peuuL' W asan+ -
excess Of $1,000 necessary 70 complete OF peL
rartic,Ilar contract and will require 7loerranio
action and supplementary agreement WIN 1es ens
cor, psrv as in the case Of the per cent excess
noted before further certifcatiOn of this WORK
NJ such distinction as is claimed appears pos
<,b1a he+yUaen the additional weight provided Tor
bz- supplementary agreement and that now pre-
sented as necessary, for the FORMER aliO
II ,,,,re,- vsIne about 81 worth Of the former
a,d * worth of the latter have appeared IN al
aS+ir rnS
S+ar+ oF ercess over original contract costs ana
the same proportion will follow on the WORK S0'
to be completed -, z+-i-s
tior Of the Corporation Counsel. and W9u5c 9il5
recommend that opinion be requesIeo reS1 -7
the further Certifcation sought
A REMARKABLE OPINION
-soor5s show that the Controller sought
the opinion Of the Corporation Counsei Win
ags-d +o the payments requested, and under
oet
a., -rse obtained to the effect that, as there was
.ALi,. :, the contract limiting the price to oe
.;I +o- the work TO the amounts mentioned IN
+ba contract plus the customary per cent mar
- o,>ar that price 70 provide for unforeseen
.,1enditures he did not see any Legal oOJectIon
n the Controller making the payment asked
T IS noteworthy that clause h r. OF Ile 0oi-
tract \ copy Of which. with the report quoted
ro,-a accom- panied the opinion. states tnat no
-. .bsu be allowed under this contract m
-. o+ +Ls ,e- cent nereinbefore mentioned
Acting 1ypon this extraordinary legal opinion oI
~ ,svv officers of the city, the Controller MADE
49,. ,ez-7an+ then requested OF S3o413S IS TO the
contractors
WARNING TO CONTROLLER
7+a- m August , last public attention
was called by The Tribune to the 1aCL 1na'
another large payment request OF Ihe
svIyanis Steel Company on its contract lot 'll7
erection OF the superstructure or the bIdoA
--.II,s Ts1a1d bridge had been forwarded by
the Commissioner of Bridges 10 tne Coii1i 0,i7i
o47ce for payment. At this time the invesuga-
ton OF engineering experts ll'O 1-i
the bridge going on
The Tribune pointed out that the payment
then sought. Of some 100000, would IN all
rrohabilitv cary with II the release OF the OoIu
for 90 600 600 held by the city FOR fa1thIuI per
foruance Of the contract, and Warheo Ine Coh-
+roIIer that il he made the payment IHe CITY
-ro1d be in grave danger Of losing the money
s,,sran+ee then in its possession. out OF Wnlch
+be contractors could be compelled 10 make
6 .n1- defects in the work II the invesuga-
+tor discIosed any defects for which the con-
tractors could be held legally responsible
-rba records show that the Controller. al
+ro7,zb he started the investigation by engl-
naering experts into the safety OF the prloge /
and AT the time publicly announced tnat ne (
would make no further payments 10 the con
+-s.+orz until the investigation vas completed. /
I,s - Gen.An,ber last. make a further pay
r,ent Of some 100000 10 the Pennsylvania /
e+sa1 Cor7nanv on its contract, leaving a bal /
aroa ~ $4,000. still claimed TO be due bv the (
contractors.
T NAV be coincidence, but II so II IS
strange one that the strain sheet prepared
r7y Nessrs Boiler ard Hodge. the engineering /
experts who investigated the safety or the !
showing the extent 70 WHltH tiie SuLTi
structure as erected fell short Of contract re-
outrsr7ents. is dated September L. and was +
handed to the officials Of the Bridge Depart /
rnent At that time
Of course II is possible that the Controller T.
dir not know about the contents Of this par 7
-icrIar strain sheet a. the time he made the I
nsvrnent Of some S50oo0o TO the contractors
for the bridge s,lperstructurs on September = /
bu+ ~ he did not know the facts Il certainly /
was the duty Of the Bridge Commissioner, who /
must have known them to have informed the /
Controller. lnaemuch u vas the Bridge /
commissioner who had recommended that the /
pavrneuts should pe made
DOUBTFUL. QUESTION
officials Of both the Bridge Department and /
the Controllers ONCE assert that this payment /
of some $4,000 made on September does not /
carry with II a release of the contractors bond /
Of 81 600 600 for faithful performance, because I
there is stiH due on the contract Sl4S,O00. but /
IL is a doubtful question. The Tribune Is in
formed whether the city will be able. after
having made all payments claimed oy the con
tractor except S14soo0. to hold the contractors /
upon their bond. especially as there appears 10 |
have been paid more than 100000 IN excess OF