New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24

ditor. In the first instance, and In the
second Instance, the auditors of the re-
spect1ve counties, meeting for that pnr-
pose at the Office of the auditor Of the
county. in which the proceedings are pend
ing, shall proceed, as hereinafter pro-
svided, to sell the jobs of digging, and con-
structing the entire work, either as one
job, or in one or more linear sections of
one hundred feet each, each of said sec
tons to be known and numbered by the
stake Or monument set by the engineer
at the foot of each such section, as shown
in the engineers report commencing at
the one including the outlet, and thence
including the source. The auditor or au-
d1tors, as the. case may be-, may, with
the approval of the engineer, sell sepa-
rately from the jobs of excavation, any
jobs of building of fumes or other wood
or masonry work, fencing or other con-
struction work specified in the engineers
report. The auditor or auditors, as the
case may be, shall contract in the name
OF the county, or in the name Of the re-
spective counties, as the case may be,
each acting by and through it's auditor,
with the party to whom any of such jobs
OF construction, work or any section or
sections is or are sold, requiring him to
construct the same in the time and man
provisions and form of contract set forth
in the report of the engineer on which
the ditch is established; and shall take
from him a bond in the penal sum of not
less than the contract price. with not less
than two (2) freehold sureties, payable to
the county, or to the respective counties,
or any two or more of them as the case
may be, for the use Of such county or
counties, as the case may be, and also
for the use of all persons who may show
themselves to be aggrieyed or injured by
any breach thereof, or Of the contract for
which such bond is given; to be by said
auditor auditors, as the case may be,
approved az conditioned that said party
contract and pay all damages which may
accrue by reason Of the failure to com
plete the work in the manner and within
the time required in the contract there
for and otherwise conditioned as in this
act provided, which bond shall include
stipulation that no change extension al
teration or addition to the terms of the
contract or specifications shall in any
wise affect the obligation of the principal
or principals or sureties on said bond.
The auditor of the county in which the
proceedings We're taken shall give notice
of the letting of such contracts by pub
LEGATION for three 60 successive weeks, in
the official paper of such county, of the
time when and the place where such con-
tracts shall be let to the lowest RESPONSE
BILE bidders: and in such notice shall state
the approximate amount of work and the
the work as one job, and also for any one
or more of such sections, or any one or
more of such construction jobs and shall
reserve the right to reject any and all
bids, and no bid shall be entertained
which exceeds more than thirty 900 per
cent the estimated cost Of the construc-
LlOn OF the part OF SAID WOTk covered ny
said bid: nor unless accompanied by
certified check. payable to the auditor. or
to the respective auditors, as the case
cent Of the bid: and said auditor or orr audi
tors may adjourn such letting from time
to- time until the whole work shall be
taken, and, with the approval of the en-
glneer, may let any one or more OF such
sections; or any one or more of such con-
struction jobs, when the estimated cost
of the construction is more than 100000
oh, Tof
ting in trade paper; If no bids are re-
ceived which can be entertained the
bondsmen for the petitioners may have
the right, at any time to pay + the . costs
The engineer shall attend to the letting of
the work and no bid shall be accepted 1s
without ,+ his approval as to the comph
Sec. is. The bond and contract shall be
attached to each other and the contract
shall contain the specific description 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 provide that the work
for in the report Of the engineer, and sub
ject to his approval and that Of the audit
or, or auditors, as the case may be.
Such contract shall be drawn to the sat-
torney. Every such contract shall en-
brace all the provisions provided by law
for the giving of bond by contractors for
public works and improvements and for
the better security of the contracting
county or counties and of the parties
performing labor and furnishing material
contracts, and shall provide that time
shall be Of the essence of the contract,
| in that if there should be any failure to
| perform the work according to the terms
! Of said contract within the time limited
| therein, originally or by extension, the
contractors shall forfeit and pay to the
county in which the portion Of the work
| in default shall be located, a certain
sum. to be named therein, and which
| shall be fixed by the county auditor, or
auditors, as. the case may be-, for each
| day that such failure shall continue. No
| extension Of time shall be granted unless
| applied for in writing to the auditor, or
! auditors, as the case may be, stating to
his or their satisfaction good and suf-
| flcient reasons therefor, nor shall any ex-
| tension affect the right to enforce such
| forfeiture, If any. as shall occur after
the time originally limited and before
| such extension, or occurring after the
| expressly provide that the bondsmen
| shall be liable for all damages resulting
| from any such failure, whether the work
be rssold s, or not, and that any person
| may maintain an action upon such bond
! in his own name, and that such actions
| may be successive in favor of all persons
| SO injured. Such contractor shall be con-
| an official bond within the meaning of
| the statutory provisions constituting such
! official bonds of public officers as securi-
! ty to all persons and providing for &C
| tions on such bonds by any injured
| party in the district court.
| Sec. 49, II a job be not completed
| within the time fixed in the contract
| therefor it shall be the duty of the bonds
| men to notify the county auditor of each
| county in which any part of the lands
| affected thereby is located, in writing
| Of that fact, within five % days after
the expiration of the time fixed in the
| contract; whereupon the auditor or au.
| ditors, as the case may be, shall, in
| writing, duly dated, order said bondsmer
| to complete said job within a time spec1-
| fed by him or them, and said bondsmen
shall receive from the proper county OF
! counties, as the case may be, the amount
| due on such job or part thereof, that they
| have SO completed, less the proper deduc-
| ton for forfeiture, if any. The amount
| due said bondsmen for such work shall
| be determined by said engineer; provided
| that job not completed, as hereinbefore
| specified, by the original contra ctor, and
| the completion of which shall not be un-
! dertaken by the bondSmen as hereinbe-
| fore provided, within ten QO) days after
| the date of such order, or Of the failure
| to complete which, the bondsmen shall
| not SO notify said auditor, or auditors
| as the case may be, shall be resold by
| the auditor, or auditors. as the case
may be, after ten C1O) days notice by
| publication, to the lowest responsible bid
! der, but not for a sum exceeding fifty