The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-05

the bid which check shall be forfeited the
City quidated damages the bidder upon the awarding
OF the contract shall fail to the award
ed In all advertisements for bids there shall be reserved
the right to reject any and all bids.
Receiving and Opening Bids
Section 1S. At the time and place mentioned in the
advertisement for bids, the Council shall in public
session and publicly receive, open and read all bids that
may be presented before any bids opened that shall
be numbered consecutvey and further bids shall be
received after any bid has been opened The City Coun
nifty to inspect all bids when they opened
Action of Council
Section 49, The Council shall act upon such bids and
shall determine which if any, shall be accepted and if in
their Judgment they shall determine that the interests of the
City will be best served purchase such commodities with
out accepting competitive bids they may do and order
the purchase of the All contracts shall be awarded
to the lowest reliable and responsible bidder complying
with the foregoing requirements provided that the City
able and unreliable and the Council determining the
Liability OF the bid shall consider the question of response
biy of the bidder and his ability perform his
without reference to the responsibility of the retes on
bond In the bid of the lowest responsible bidder shall
be that the estimated commodities or serv
the Council may reject all bids and abandon the pro-
posed contract or it require the City Clerk adver
new bids the manner hereinbefore provided All
contracts shall be executed by the bidder within days
after the contract ready for his signature and
cued by him in said time he may be declared by the City
Council to have abandoned the and upon such action
by the City Council his deposit shall be forfeited and be-
come the property of the City All which the
City party shall be signed behalf of the City by the
Mayor and counersigned by the City Clerk and
shall be valid unless signed by both officers No award OF
contract shall be binding the City and no liability shall
be attached to the City upon the awarding of
until contract actually entered into between
the and the City bonds furnished therefor by
the contractor for the faithful performance of his proposed
contract All with the City shall be recorded by
the City Clerk in book kept for that purpose and he
shall keep an index thereto.
Performance of Contracts.
Section 12O After the acceptance by the Council any
bid shall direct the execution of contract by the proper
officers accordance with said plans and specifications
with such notifications as may be determined upon, and
such contract shall be carried out by the proper department
If the Council shall determine that any commodities or
to be procured in market the shall be
procured by the department officer accordance
with such general directions as the Council may give.
Bond.
Section I'll Every person whom contract award
ed for amount exceeding three hundred dollars shall
give bond such the Council direct, and
with such suretes may approve for the faithful
performance of such contract
In all OF contracts coming within the purvieW
sections 4535 to 4539 inclusive of Revised Laws 1905
the State of Minnesota and the amendments thereof the
Council shall require such bonds required by such
laws.
Expenditures.
Section 122 1t shall be the duty OF each officer head
of department to report to the Council monthly the com
modes work and services likely be needed for the OPP
Grafton OF his department Office for the ensuing month
and not before contracted tor.
Emergencies and Probable Cost Thereof.
Section 23 In of emergency, and when delays will
damage to the public endanger safety the
Council their discretion may make necessary repairs by
day labor and procure materials therefor in open market
Contracts Not to Be Assigned.
Section l24 No contract for which bond is required
shall be assigned transferred except
this section provided and assignment transfer there
by operation of law by of the Council
expressed by resolution shall fully end and terminate such
the option of the City Council and the
shall be null and void to any other and further per-
Torrance thereof by the contractor his without
the part OF the City and the City, through its
authorities proceed to relet such
its discretion, proceed to complete the
the agent and the expense of such contractor and his
sureteS.
A1idavits that Claims Are Paid.
Section us Before any contractor or his representative
shall receive final estimate contract when labor
and materials furnished and for which bond is
required and given said his representatives
shall make and file with the City Clerk affidavit that
all claims for materials and labor to date the work
which estimate is asked, have been fully paid
Collision with Bidder
Section l2o. Any officer of the City of any depart
thereof, who shall aid assist any bidder
ing furnish labor material supplies at
higher price than that proposed by any other bidder
holding information who shall wully mislead any bid
der in regard the character OF the material supplies
called for who shall knowingly accept materials
plies of quality inferior to those called for by any
tract who shall knowingly certify greater
of labor performed the receipt OF greater amount
different kind of material supplies than has been actually
received shall be deemed guilty of maeasance and shall be
removed from Office
Collision by Bidder.
Section IT, If at any time is found that the person
whom contract has been awarded has, presenting
bid or bids couded with other party parties for the
purpose of preventing any other competing bids being
made has entered into by which he made
higher lower bid than other person for the pur
pose of dividing the contract profits therefrom between