The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-02-19

of justification, showing that they pos
sess the qualifications required of sur
cites in arrest and bail and are worth
in the aggregate in property within
this state a sum equal to twice the
penalty of the bond over and above
their exemptions; such bonds shall be
made payable to the city and shall lie
conditioned as follows: That If the
principals bid shall be accepted and
the contract for the work of improve
ment awarded to him, he WILL within
ten days after the acceptance of his
bid or within such further time as the
city council shall grant, enter into and
execute contract bond in a sum
equal to the amount of the bid and
contract in writing to and with the
city, to we'll and faithfully perform
and complete the work for which his
bid was accepted in accordance with
the plans and specifications therefor
and the terms of his bid and within
the time required by the terms of such
contract that he will pay for all labor
and materials used in such work.
Such bonds shall be for the benefit of
the city. In case the bidder shall fai;
to execute contract bond and con-
tract as aforesaid for the completion
OF the work bid for within ten days
or such further time as the city coun-
Gil may grant after the acceptance of
the bid, then the city council shall be
authorized the same as if the bid or
bond contained an expressed stipula-
ton to that effect, to canse such work
to be done or completed the work, or
contract, with somc othe: contractor
to do or complete the work, and in
such case may recover in a suit on
the defaulting bidders bond the differ
ence between actual cost to the city
of such improvements and the sum
which it would cost if the defaulting
bidder had complied with his bid.
The successful bidder shall, within
the time fixed by the city council for
executing the contract. file a contract
bond in sum equal to the full amount
of the contract with the city auditor.
Such contract shall be executed by
the bidder or contractor as principal
and surety company, authorized to
do business in this state, as surety
or by two or more freeholders resi-
dent of this state, and if executed by
individuals as sureties such sureties
must attach to such bond an affidavit
of justification showing that they pos
sess the qualifications required of
sureties in arrest and bail, and are
worth in the aggregate in property
within this state a sum equal to twice
the penalty of the bond over and above.
their exemptions; such bond shall he
made payable to the city and shall be
conditioned that he will we'll and faith
fully perform the work bid for in ac-
cordance with the terms of and with
in the time provided for in such con-
tract, and pursuant to the plans and
specifications fer such work on file IN
the city auditors office, and pay for
all labor and materials used in such
work, and that in case Of default on
the part of the bidder or contractor to
perform such work as provided in his
contract, the sum named in the bond
shall be taken and held to be fixed
and liquidated damages in favor of
said city. and that the full amount
thereof may be recovered from said
bidder and his sureties in an action
by the city against them on said bonds,
Such bonds shall be approved by the
city council and shall thereupor be
and remain in full force and effect.
Upon the execution of the contract
and approval of the contract bond the
bidding bond shall be returned.
A sufficiency of any bond filed by
bidder shall be determined by the
city council at the time of consider
ing bids. If the council shall at any
time deem the bond of a contractor
insufficient either in form or sufficien-
cy of sureties, it may require the sue
cessful bidder or contractor to fur.
nish new bond to be approved by
the mayor and the city council within
such reasonable time as the council
may fix and If the bidder or contract
or shall fail to furnish such new bond
within the time required after notice
to him to Go so his contract may lie
Cancelled and in that event the con-
tractors bond shall be liable the same
as ii the contractor had failed to per-
form his contract
Sec. Z. That section 27S3 of the re-
vised codes of the state of North Da-
kota of 1905, be and the same is here
by amended to read as follows:
Sec. 27S3. Council may reject bids.)
The city council shall have the right
to reject any and all bids for work
to be done under this article, if, in
its opinion, the interests of the CITY
will be best served by so doing, and
re-advertise for further bids, but IL
all such bids are not rejected the
contract shall then be awarded to the
responsible bidder whose bid is the
lowest upon the basis of cash pay
ment therefor. Provided such bidder
shall have complied with the fore
going requirements. provided, furthe~,
that in case the contemplated improve
ments consist of paving or repaving,
the city council may after opening and
considering the bids, by resolution,
determine the kind or kinds of pave
ment to be laid, and may then pre-
coed to award a contract or con-
tracts therefor.
Sec. 8. That section 2769 of the re-
vised codes OF the state of North Da-
kota of 1905, be and the same hereby
is amended to read as follows:
Sec. 1868. Duty OF auditory The
city auditor shall keen in his Office n