Appeal
from Carroll District Court.--E. G. ALBERT, Judge.
THE
proceedings up to the bidding for the pavement of certain
streets in the city of Carroll were regular. A form of
contract, together with the plans and specifications, was on
file with the city clerk, and bidders were required to use a
form provided in bidding. The contract exacted the
construction of the improvement according to the plans and
specifications, and the latter, among other things, provided:
"The
successful bidder must sign the contract for the work to be
done by him and furnish the bond required therefor within 10
days after the contract has been awarded to him, and he has
been notified thereof, and must begin work on or before May
1, 1916. He shall proceed with the work, prosecuting it with
due diligence from day to day at such time in such places as
the engineer may from time to time direct during the progress
of the work. He shall have the improvement entirely completed
on or before November 1, 1916. The time limit shall be
considered as extending between May 1, 1916, and November 1
1916. If the contractor fails to complete the work at the
time specified, he shall forfeit to the city the sum of $ 25
per day for each and every day which the completion of the
work is delayed beyond the time fixed by the contract. . . .
Each bidder will be required to deposit with his bid a
certified check for the sum of $ 3,000, made payable to the
city treasurer of Carroll, Iowa, as a guarantee that he will
enter into contract with the city for doing the work, in
strict accordance with the plans and specifications and in
accordance with his bid, and that he will furnish the bond
required. Said checks shall be forfeited to the city of
Carroll, Iowa, as agreed and liquidated damages if he fails
to enter into such contract and furnish the required bond
within 10 days after the contract has been awarded to him and
he has been notified thereof."
The
form of the bid furnished read:
"To
the Mayor and City Council, of the City of Carroll, Iowa:
"The
undersigned hereby certify that they have personally examined
all of the plans, specifications, stipulations, form for
contract and form for bond, and having made such examination
the undersigned proposes to pave the roadway with a 2-inch
asphaltic concrete wearing surface on a 5-inch concrete base
on each of the streets in Carroll, Iowa, named therein, by
furnishing all of the labor, material, tools, machinery and
appliances necessary to complete the work in a proper and
workmanlike manner, and in accordance with plans, and upon
the terms and conditions of the specifications, printed
advertisement and form for contract therefor to the
satisfaction of the city council and city engineer of said
city, and complying with the laws of the state of Iowa, the
rules, regulations and ordinances of the city of Carroll
Iowa, at the following prices, to wit: [Here names of
different things are recited, with spaces for prices in
detail and totals.]
"In
case our bid is accepted, we agree to sign the contract and
furnish the required bond within 10 days after the contract
has been awarded to us and have the improvement entirely
completed on or before . . . ., 1916.
"The
names and addresses of all the persons interested in the bid
are: . . . This bid is made without connection with any other
person making any bid for the work, and said bid is in all
respects fair, without collusion or fraud, and no member of
the city council or other officer of the city is directly or
indirectly interested in this bid or any portion of the
profits therein."
J. S
McLaughlin & Sons made a sealed bid in form as required,
filling in the blank for date "Nov. 1st," total sum
being $ 141,982.10. Western Improvement Company submitted a
sealed bid in due form as required, totaling $ 140,263.40,
but writing in the blank for date "Dec. 1st." The
city council, upon opening the bids, rejected that of the
Western Improvement Company and accepted that of J. S.
McLaughlin & Sons. The representative of the Western
Improvement Company was present, and, though authorized to
act in the premises, made no claim that there was a mistake
in the bid or that it was otherwise than intended. The
plaintiff, as resident and taxpayer of the city of Carroll,
contended that the bid of the Western Improvement Company
should have been accepted, and prayed that defendants be
enjoined from carrying out the contract entered into by the
city with J. S. McLaughlin & Sons. The petition was
dismissed, and plaintiff appeals.
Affirmed.
OPINION
LADD, J.
The
preliminary proceedings for the pavement of certain streets
in the city of Carroll had been regular, form of contract and
plans and specifications prepared, and an advertisement for
bids duly published. Printed forms were furnished those
desiring to bid. In its bid, the Western Improvement Company
proposed to perform "in accordance with the plans and
upon the terms and conditions of the specifications, printed
advertisement and form of contract therefor." After
stating in detail prices for so doing, it proceeded:
"In
case our bid is accepted, we agree to sign the contract and
furnish the required...
