The Waterbury Democrat., 1939-08-30
LEGAL ADVERTISING

such contract may provide bonus per diem for completion of the con- tract prior to the stated date for completion and may provide for liquidation damages to the city for each day the contract shall be up- completed beyond such date. Each such contract shall also reserve to the city the right, when the city manager shall become satisfied that the work provided for will not be completed within the time limited, to render such assistance and addi- tional labor and material as he may deem necessary and to charge the cost to the contractor and retain it out of the contract price. In case of failure on the part of contrac- tor to complete his contract within the time limited, the city manager may declare the contract to be by fact terminated and that no corn- pensation for further work done hereunder shall be paid. The city then may proceed to complete such contract, either by reletting or otherwise, and the contractor and his bondsman shall be liable to the city for all loss or damages which 1t may suffer on account of his failure to complete his contract within such time.
 Sec. 167. Alterations in Contracts. Alterations may be made in con- tracts when authorized by the city council, by resolution, upon the written recommendation of the city manager giving the reasons there- for. No>such alteration shall be valid unless the new price to be paid for any supplies, materials or work under the altered contract shall have been agreed upon in writing and signed by the contractor and the city manager prior to such au- thorization by the city council.
 Sec. 168. Liability of Contractor for Negligence. Subrogation of City. If injury to persons or property shall occur by reason of default or negligence of any contractor in do- ing the work under his contract, the contractor and his bondsmen shall be liable for the damage sus- tained. If any judgment be recov- cred against the city as defendant in any suit based upon such default or negligence, the city shall be sub- rogated to the rights of the plain- tiff agaisnt such contractor or his bondSmen.
 Sec. 169. Powers reserved to City regarding Fulfilment of. Contract. Each contract to which the city Is party shall reserve to the city the right to determine finally all ques- tionS as to the proper performance of such contract, or any unfinished portion thereof, according to the true intent and meaning of the con- tract, and, in case of improper, dil- atory or imperfect performance, to suspend the work at any time and to order reconstruction in whole or in part, and when, from unreason- able delay in the work or for other just cause, 1t shall declare such contract forfeited, to relet the work covered by such contract or any unfinished portion thereof.
 Sec. 170. Collision in Bidding. If, at any time, 1t shall be found that any party to whom a contract has been awarded has been guilty of collision in the submission of his bid or has endeavored to prevent the making of any other bid, then the contract so awarded, upon de- termination of the facts by the board of finance, shall be null and void. The city shall not be liable for any further payments hereunder but the contractor may recover such sums as he may be awarded through proper action for goods and mater. ials furnished and work and labor done, and the contractor and hi, bondsmen shall be liable to the city for all loss or damage which the city may suffer as @ result of failure of the contract.
 Sec. III. Contracts not Complying with Charter are Void. Any contract or agreement, express or implied, entered into otherwise than in &C., cordance with this charter and the provisions of the administrative code not inconsistent herewith, shall be null and void, ab initio, and of no effect toward raising an obli- gation on the part of the city, and shall be incapable of ratification by the city to give 1t legal effect.
 Sec. 172. Leases and Sales of Pulp lie Property. All leases of any land or building and sales of surplus real or personal property, owned by the city at the time of the passage of this act or thereafter, shall be made to the highest responsible bidder under the same procedure as re- quired for contracts.
 Sec. 173. Official Advertising. The city may provide for the publication of its own advertising in a city bull letin to be published by the city; but, in the absence of such publica- . ton, the official advertising of the city shall be done by contract, un- der the same procedure for compe- titive bidding as is provided for other contracts herein. Any bidder to be entitled to have his bid con- sidered. shall be the responsible publisher of a newspaper in the city having bona fide daily circulation, printed in English, which has been regularly published in the city for at least two years immediately pre- ceding. Publication in the official newspaper of any official notice or other matter, required by law to be advertised or published, shall be deemed to satisfy all requirements of law for publication in two or more newspapers, or otherwise, ex- cept as provided herein.
 Sec. 174. Selection of Repositories. Repositories for city moneys shall be selected from among those banks agreeing to pay the highest rates of interest, on competitive bids. The administrative code shall provide for receiving bids separately for &C., tive and inactive accounts and for the listing of the bids approved by the board of finance in the order of the rates of interest offered, with the amounts that the bidder is will- ing to receive at the rate bid. No bid shall be so approved from any bank that hoe mt haav, iy, hl,civaSc f0r nf