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HomeMy WebLinkAboutOrdinance No. 395ORDINANCE NO. 395 AN ORDINANCE PROVIDING FOR THE RECEIVING OF BIDS AND THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN SPECIAL IMPROVE- MENT LIGHT DISTRICT NO. IA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL.-. Section 1. That at 7:30 o'clock P. M. on Tuesday the 7th day of December 1948, the City (4ouncil of the City of Laurel will receive sealed bids for the construction of improvements in Special Improve- went Lighting District No. 1A, according to the plans and specifications thereof on file and of record in the office of the City Clerk and City Engineer of the City of Laurel, Montana; said improvements to consist of the erection of eight (8) posts and the installation and laying of Anaconda Duraseal, single conductor, underground cable or the equal thereof, according to the plans and specifications adopted and approved by the City Council. Said improvements to be fully completed on or before December, 30th, 1948, Section 2. That the City 6ouncil shall, and does, hereby reserve the right to reject any or all bids. Section 3. That the City Clerk is hereby authorized and directed to publish notice inviting sealed bids, stating the time when and the place where said bids will be received by the City Council. Such publication to be made in the Laurel Outlook, a weekly newspaper published and circulated in the City of Laurel, in the regular issues thereof on the 17th and 24th days of November, and the lst day of December 1948. Section 4, If the owners of three-fourths (3/4) of the frontage of lots and lands within said 'Jistrict liable to be assessed, or their agents, fail to elect to take such work and enter into a written contract to do the whole work at a price at least five per cent (5%) less than the price at which the same shall be awarded, within three (3) days after the awarding of said contract to successful bidder as provided by Section 52,33 of the Revised Codes of Montana, 1935, then successful bidder shall immediately make and execute with the city of Laurel, a contract in duplicate and in accordance with the provisions with this ordinance and all other ordinances, notices and resolutions concerning this Improve- ment District. Said contract, on the part oft he City of Laurel, shall be executed in the name of the City of Laurel by its Mayor and attested by its Clerk. Section 5. That upon the exioution and delivery of said coni, tract. to either the successful contractor or the contracting owners, he or they shall give to the City of Laurel a bond in the sum of not less than twenty-five: per cent (25%) of the total estimated cost of the improvements to be made, same to be approved by the Mayor and City council, conditioned to the effect that such contractor or contracting owners shall well and truly perform all the terms and conditions of said contract and shall save the ?'ity of Laurel harm- less from negligence or wilful acts of said contractor or contracting owners of his or their agents, servants, representatives, employees or subcontractors in performing the terms and conditions of said contract and in making said improvements. The conditions of said bond shall be as follows: The said contractor shall well and truly perform his part of said contract and each and every covenant therein contained and shall indemnify and save harmless the City of Laurel from any and all damage which it may sustain by reason of liens for labor and materials furnished for said work, or by reason oft he failure of said contractor to pay the wages and earnings of any laborers or mechanics employed by him as such contractor in and about such work] or by reason of his failure to pay for any materials provided or goods of any kind furnished; or by reason of any just debts incurred in carrying on said works and if the contractor shall pay to the City of Laurel all sums of money, damages, or costs and expenses which it may be compelled to pay or which it may sustain by reason of his or their failure as aforesaid, and if the contractor or contractors shell pay all laborers, mechanics and material, men and persons who have supplied goods and materials of any kind, all just debts to such persons or to any persons to whom any part of the work was given, and shall indemnify and save harmless the "ity of Laurel for or on account of any injuries or damages, received or sustained, by any person or persons, by or from the acts or negligence of said contractor or contractors, his or their agents, servants or employees in doing the work therein specified, or by or in consequence of any negligence in guarding the same, and that all of said work and improvements shall be done and fully completed on or before the 30th day of December 1948, and shall be and remain in permanent and good condition for a period of thirty (30) days after the date of its acceptance by the City Council, and free from all deterioration in accordance with the provisions of said contract and the component parts thereof, then this oblig- ation to be void, otherwise to be in full force and effect.. Section 6. That each of said bids shall be accompanied by an unconditional certified check made payable to the 6ity of Laurel in the sum of at least ten per cent (10%) of the bid, drawn on some responsible banks If such bid be accepted and the bidder complies with the terms of this Ordinance as to making, executing and deliver- ing to the City of Laurel said contract and bond as heretofore provided, then said check shall, without delay, be returned to said bidder, otherwise said check and the proceeds thereof shall be forfeited to the said pity of Laurel,. The checks of bidders other than the successful bidder shall be retufned after the contract has been awarded, provided however, that all checks may be retained until the contract has been executed between the City and the success- ful bidder at the option of the City Council. Section 7. that all payments for the construction of said improvements shall be made in bonds drawn on the "and of Special Improvements Lighting District No. lA on the estimate of the pity Engineer, approved by the City Council immediately after the second regular meeting of the City Council each month, provided, however, that said contractor or contractors have paid for the labor performed and materials used in said improvements and the appurtenances thereto. Yen per cent (10%) of all estimates shall be reserved until the final completion of said improvements and their acceptance by the City Council at which time final settlement will be made in the manner set out. Sect lon 8. That the City Engineer include in the final estimate such sums as he shall estimate to be necessary to cover the actual cost of engineering, inspecting, printing, legal expenses, prepar- ation of assessment rolls and other incidental expens6s properly charged against said "istrict, section 9. That the contractor or contractors shall pay and deposit with the Industrial t'ccident Board at Helena, Montana, such an amount as shall be required by law under his or their contract as a guaranty for the payment of the premium assessments necessary to be paid by such contractor as provided by the k ws of the State of Montana relative to Workmen t s Compensation and shall deposit with the City Clerk a receipt showing compliance with phis provision before he shall receive the payment of such warrants due on the final estimate. Section 1C. That all ordinances or parts of ordinances in conflict and inconsistent with the terms of this ordinance are hereby " ,led,, Passed by the City Council and approved by the Mayor this `lfth day of November 1948s AP]a OVER: Mayor (SEAL) !Attest ity Clerk Council Minutes Approving Ordinance No. 395 Council Chamber, Laurel, Montana. `T'uesday, November 16, 1948. The City Council of the pity of Laurel, Montana, met in regular session on above date. Present, Mayor Peter D. Thomson, and t'ldermen t J. E. Freebury, Paul " . Wold, Ira D. Rodgers, J. J. Parker, k'red keuerbacher, J. L. Tubman and I. N. Smith. Absent # Henry-"@ `comer . A quorum being present, the Mayor called the Council to order at 7 t3O o'clock P. M. ORDINANCE No. 395 Ordinance No. 395, being an ordinance providing for the re. ceiving of bids and the letting of a contract for the construction of improvements in special Imrr ovement Lighting District No. IA, was presented and read. It was moved by Wold and seconded by Rodgers that the unanimous consent of the council be gifen to immediate passage of Ordinance No. 395. Motion carried on roll. call as follows; Ayest Freebury, 4?old, Rodgers, Parker, Feuerbacher, Tubman, and Smith. N ayes, none. Whereupon the Mayor declared said motion.duly carried. There being no further business to come before the CDuncil at this session, on motion. of Alderman Wold and seconded by -hldermsn Smith, Council adjourned to meet in regular session on Lecember 7th, 1948. Approved Attest: Mayor City Cle