The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19


damages which may accrue by reason Of
the failure 10 complete the work within
the time required in the contract there
Tor, and otherwise conditioned as in this
act provided.
And the auditor shall give notice of the
letting of such contracts by publication
for three successive weeks in the official
paper of the county wherein such work is
located, of the time when and the place
where such contracts will be let to the
lowest responsible bidder or bidders; and
in such notice shall invite bids for the
work as one job, and also for any one
or more of such sections and shall re-
serve the right to reject any and all bids
and no bid shall be entertained which
exceeds more than thirty per cent of the
estimated cost of the construction of the
part OF SAID work covered by said bid:
nor unless accompanied by certified
check, payable to the auditor, for not
less than ten per cent of the bid; and
said auditor may adjourn such letting
from time to time until the whole work
shall be taken, and, with the approval of
of such stations. The engineer shall at
tend at each letting of the work, and no
bid shall be accepted without his APP
provaI as to the compliance with plans
and specifications
Sec. Ia. The bond and contract shall
pc attached to each other, and the con-
tract shall contain the specific descrip-
ton OF the work to be done. either ex-
preSsly or by reference to plans and
specifications, and refer to the number
OF the section or sections, as provided for
in the preceding section and shall pro-
vide that the work shall be dome and
completed as provided for in the report
of the engineer, and subject to his APP
proval and that of the board of county
commissioners. Such contract shall be
drawn to the satisfaction of the engineer.
Every such contract shall embrace the
provisions of chapter 354 Of the General
Laws OF 1895, as amended by the provis-
IONS OF chapter 3O7, General Laws of 1897,
applicable thereto, and shall provide that
time shall be of the essence of the con-
tract, in that If there Ehould be any fail
ure to perform the work according to
the terms of said contract within the
time limited therein. originally or by ex-
tension, the contractor shall forfeit and
pay to the county a certain sum, to be
named therein, and which shall be fixed
by the county auditor, for each day that
such failure shall continue. No extern
sion of time shall be granted unless APP
piled for In writing to the auditor, stat
Ing to his satisfaction good and sufficient
reasons therefor, nor shall any extension
affect the right to enforce such forfeit
originally limited, and before such eX-
tension, or occurring after the limit of
the extension. The bond shall expressly
provide that the bondsmen shall be liable
for all damages resulting from amy SUCH
failure, whether the work be resold or
not, and that any person showing him
self injured by such failure may main
tain an action upon such bond in his
own name, and that such actions may be
successive in favor of all persons so in
jured. Such contractor shall be coGsid-
cred a public officer and such bond an
official bond within the meaning of sec
lions 1851. 1852, 1858 and 1854, General
Sec. is. If a Job be not completed with
in the time fixed in the contract therefor,
it shall be the duty of the bonfssmen to
notify the county auditor In writing of
that fact within five days after the ex-
piration of the time fixed In the contract,
whereupon the auditor shall order said
bondsmen TO complete said job within
q time specified by him, and they shall
receive from the county the amount due
on such job, or part thereof, that they
ton for forfeiture, If any. The amount
due said bondSmen for such work shall
be determined by. said civil engineer;
provided, that a job not completed ais
hereinbefore specified by the original con-
tractor and the completion of which
men as herein above provided, within
ten days after such order, or Of the fail
ure to complete which the bondsmen
shall not SO notify said auditor, shall be
rcsold by the county auditor after ten
days notice by publication, to the lowest
responsible bidder, but not for a sum eX-
ceeding fifty per cent in excesas OF the
not a second time to the same party A
contract and bond shall thereupon be en-
tered into as hereinbefore provided, and
such contract shall provide for the COM
pletion of the work resold Within six
months from the date thereof. Such ex-
cess: If any, shall be recoverable against
the bondsmen ON the original contract.
Sec. 1G. 1t shall be the duty of the
civil engineer, ON being notified by any
contractor that his job Is completed, to
inspect the same, and if he find it conn
plete, according to contract, plans and
specifications, he shall accept it, and give
to the contractor a certificate Of accept
ance stating that said section or Sec
lions (by numberl are completed accord
ing to the contract, plans and Speciflca-
tions, as set forth in the report of said
engineer, whereupon, If approved by the
board Of county commissioners, and upon
the presentation and surrender of said
certificate Of acceptance by said contrac-
tor to the auditor, said auditor shall draw
q warrant on the county treasurer or his
county for the full amount found to be
due on said contract, or preliminary GER
tificate, as hereinafter provided for, and
said warrant Shall be paid out of the
general ditch fund to be provided by the
matter specified. Said warrant shall
become due and payable out of said fund
at once, and # there shall be NO cash in
said fund to pay said warrant when the
same is presented the county treasurer
shall endorse said warrant, mot paid
for want of funds" and date and sign
said warrant shall draw interest at the
rate Of six per cent per annum until
called In by the treasurer or auditor of
said county; and paid; provided. hoW-
ever, that the engineer, upon the writ
ten approval of the auditor, may issue
preliminary certificates for not to ex-
coed fifty per cent Of work already iT,, Done
treated as hereinbefore provided; but no
such certificate shall be furnished except
when accompanied by the engineer writ
ten certificate that no loss will result
therefrom.
Sec. II The board Of county commits
sioners Of each county wherein such ditch
or bitches are proposed to be located and
established are hereby authorized to is
sue the bonds of said county in such
sums aus may be necessary for the pur
pose of defraying the expenses incurred
or to be incurred in locating, constructing
and establishing the same, said word
Expenses" to be construed to mean and
to cover every item of cost Of said ditch,
from it's inception to its completion, and
all fees and expenses to be incurred in
pursuance thereof, and the said counties
shall be reimbursed as hereinafter pro-
vided. Said bonds shall bear interest at
a rate not exceeding six per cent, and
ten years, at the option of said board of
county commissioners; and the said COM
rnissioners shall provide fund for the
payment of annual interests on said
bonds. The bonds issued under the pro-
visions of this act shall be signed by the
chairman of the board of county COM
Snissioners of said county, and counter
signed by the county auditor, who shall
keep record of the bonds issued under
the provisions of this act. The said
said bonds as they shall deem best for
the interest of said county; provided
that they shall not negotiate the same at
less than par value. All such bonds shall
contain a recital that the same are issued
in accordance with the provisions and
pursuant to the authority of this act.
The county commissioners are also here
by authorized and empowered to transfer
from the general revenue fund of the
county to such drainage fund any sur
plus moneys that may be In such revenue
fund that can be properly used for the
h11Ir Of This art