Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1916-07-11

$l.76, for the sum OF Sill. rms
written proposition of Zitterell
ISulIivan is as follows:
"The Mayor and City Coun'
|cil of Webster City, Iowa:
In reply to your inquiry as to the
lease we are awarded contracts for
paving on Seneca street, Wilson
Avenue and Des Moines street, un-
der Glass A on our bid of $1.71, we
desire to say we expect to use Ber-
mudez Pitch Lake asphalt, and we
hereby bind ourselves to use the
same.
June 5th, 1913.
4 Zitterell & Sullivan,
]. G. Sullivan
| After said written proposition was
submitted, the city council awarded
the contract for the said paving to
Zitterell & Sullivan at Sill per
yard, and entered into written con-
tract with the said Zitterell & Sui
livan whereby it was agreed they
should construct paving in COM
Ipliance with the specifications for
the third kind of paving designated
as Glass B, that is, requiring the
contractor to use natural asphalt as
designated from artificial asphalt.
This modified proposal was filed
by Zitterell & Sullivan on the even
ing of June 5th, 1913, when no one
was present but the members Of the
council and said contractors and was
Immediately acted upon by accep-
lance.
| 1t is the contention of the plain
|tiff that because of the foregoing
facts the contract for the paving
was void in that the same was not
let "by sealed proposal" as required
by statute. This contention is
raised by objections filed before the
council numbered 2, 3, 4, and 5 of
plaintiffs objections.
1t is further the contention Of the
|plaintiff in his objections that the
contract was not performed in COM
lpliance with the specifications.
list. Because the subgrade was
not prepared as said specifications
required.
The specifications, provided: "No
blowing will be allowed within two
inches of the sub-grade and the pro-
per grade must be obtained by use
lOf mattocks and shovels and other
suitable tools. No earth shall be
removed below sub-grsde, and any
earth taken out below sub-grade
lshall be replaced at the expense of
the contractors by sand or gravel;
anywhere sand or gravel are used
Ithey shall be thoroughly dampened
land tamped in layers not exceeding
Isix inches Immediately before plac-
ling the concrete"
Said specifications further pro-
wide:
in hot weather or when the sub
lgrade is dry, the contractor shall
Thoroughly moisten the same i'm
lmediately before spreading the con-
lcrete and to the satisfaction of the
lengineer."
The foregoing provisions were dis
Regarded by the contractor.
There is evidence to show that
not only was this material speci-
|fication so far as the. resulting
lquality of the pavement is con-
|cerned, but that it was material
Item in the cost of construction.
The evidence shows that the con-
Tractor would pillow not only within
two inches of the subgrade, but at
times five or six inches below the
|sub-grade. They would then fill
back to sub-grade, with soil and dirt
taken from other portions of the
lstreet.
| The contractor did not moisten
1.-The sub-grade before spreading the
concrete. During a part OF the con,
Istruction work the weather was very
hot and dry, and instead of moisten-
ling the sub-grade they poured the
lconcrete into the dust, the result OF
which was to absorb the moisture
Tout of the concrete and mix the
ldust with the concrete. On other
parts of this construction work, at.
tier some heavy rains that then oc'
Cured, they poured the concrete di
lrectly into the mud, resulting in the
wheels rolling the mud into the con
crete as it was dumped.
When these contractors would cut
, below the sub-grade they would fill
hack to sub-grade with dirt, insteat
aiof sand and gravel as the specified
q Itions required, and no attempt wa'
lmade to lamp even the dirt thus sub
. lstituted. This dirt was taken from
1 1.-The excavation in other parts OF TIT
street, thus saving the hauling in o
a 1.-The required sand and gravel.