Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1915-10-26
ASK BIDS IF WORK
costs ABOVE 5000
Levy Court Attorney Tells
Body Law Applies TO
Bridge Work
DIRT FOR APPROACHES
RAISES THE QUESTION

Frank l.. speakman attorney for
the Levy Court, today submitted to
that body an opinion that the Levy
Court can buy the dirt required to I'll
Z in approaches for Third street bridge
without publicly advertising for bids
for such work, providing the aggre
gate cost of the estimated quantity OF
dirt required does not exceed $500.
The opinion OF Mr.. Speakman. which
had been requested on the legal point
involved, is as follows:
Levy Court Of New Castle County.
Gentlemen: You have asked me
the question whether the Levy Court
can legally complete the approaches
to the new Third street bridge with
out publicly inviting sealed proposals
for the furnishing Of the material and
the doing Of the work required and
giving the contract resulting there
from and therefor to the lowest re-
sponsible bidder or bidders. In view
Of the following facts:
1.-THE county engineer has informed
lyou that 10 comnlete said work he
estimates that $500 cubic ~ards OF
earth will be REQUIRED:
THAT It is possible to purchase this
earth from certain contractors en-
gagged in building operations through
out this city. delivered at the bridge,
for ten cents per load Of one and one
quarter cubic yards;
That the cost for labor for spread
ing and grading the earth delivered
will probably be considerably under
nve hundred dollars;
THAT If sealed proposals are pub.
licly invited the cost for said earth
if awarded to one contractor, would
probably be from forty to fifty cents
per load of one and one quarter cubic
yards, which would not include the
cost of spreading and grading
1T is provided by section 1925 OF
the Revised Code Of 1915 of the State
of Delaware that
at shall be unlawful for any Com
missioner of the Levy Court Of New
Castle county to vote for or consent
to the doing of any work and labor
for New Castle county OF said Levy
Court. or to vote for or consent "a
the furnishing, having or using Dy OF
for account Of said county or Levy
Court of any material whatsoever
where the cost in any particular case
will probably exceed the sum OF $500
unless and until the sait
Levy Court shall publicly invit,
, sealed proposals for the doing of sucl
work and the furnishing of sucl
materials, and give the con
| tract resulting therefrom and there
- for to the lowest responsible bidde
\ or bidders"
: 1T is clearly apparent from tn,
4 above section, that it is not unlawful
! for the Levy Court to award a con
tract or contracts for the doing o
, work and labor and the furnishing o
4 materials in any particular case with
! out first publicly inviting sealed pro
lposals, where the probable cost fol
both work and labor and material
. will exceed the sum of five hundred
/, dollars, provided that the probable
cost of neither the said work an,
! labor or the furnishing of said mate
: rails in such particular case exceed
the sum of five hundred dollars.
Il am therefore OF the opinion tina
the Levy Court is authorized to pur
chase the earth required, or so mucl
: thereof as it may be able to obtain, a
. ten cents per load of one and one
. quarter cubic yards, or at any othe
> price, provided. however, that the ag
, gregate cost for $500 cubic yards
/ the estimated amount required, viii
a not exceed $500, without publicly in
i viting sealed proposals for the fur
! nishing of said earth.
= Il am also Of opinion that the Lev!
fr al 80. lob
: ers and workmen by the day for thu
. purpose of spreading and grading salt
earth, provided, however, that the cos
v for said laborers and workmen will
= not probably exceed the sum Of $500
n without publicly inviting sealed pro
= posals for work and labor requires
y for the completion of said approaches
a Yours truly. r. L. Speakman"
d, Mr. BuTTis said that in the past h
q had gotten much of the dirt for notl
Ie ing. some for and the balance at
n cents a load He said about $3.50
o. has already been spent on the al
" proaches and that N the work ha
RI been done by contract It would hav
cost the county $4,000. Under a
- conditions he believed in having tn
= work done by contract. Accordingl
he moved that the county enginee
prepare plans and specifications fc
doing the work
Z AS the motion was not secondel
j Mr.. Fouracre favored referring III
question to the court as a committe
of the whole.
~ Mr.. Smith moved that in accordanC
with the opinion. Mr. Burris as chat
man of the bridge committee be Il
3, structed to proceed with the work
I. Mr. Fouracre opposed this motion {
J. he hesitated to compel Mr.. Burris
'e do the work.
u Finally a motion prevailed thu
10 Engineer Wilson be directed to fu
al nish the Levy Court the amount
&c material needed for the work and II
n cost as well as estimate for labor 9