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HomeMy WebLinkAboutOrdinance No. 315 OhDIhA110E NO. 315. AN ORDINANCE Pi,0F11DING FOIi THE aECEIV11?G OF X311b AND THE LETTING OF A CONTHACT FOR c;ONSTLUCTION OF 2HE IMr _-,OVMMNTS IN SPECIAL I12.ROVElu1I:IVT LIGHTING D1ST1iICT NO. 3, rA,66ED AhD Oh- DAMD BY THE CITY COUNCIL OF THE CITY OF LAUREL; Section 1. That at 8 o'clock on Tuesday, the 15th day of December, A. D. 1931, the City Council of the City of Laurel will receive sealed bids for the construction of improve- ments in Special Improvement Lighting District No. 3, according to the plans and specifications therefor on file in the office of the City Clerk of the City of Laurel, Montana, (Said improve- ments to consit of the erection of foux posts and the installa- tion and laying of a single conductor park and suburban under- ground cable as per the +ns and specifications), said improve- ments to be constructed and fully completed on or before the 15th of i.:ay, 1932. Section 2. That the City Council shall and does xe- serve the right to reject any and all bids. Section 3. That the City Clerk is hereby authorized and directed to publish notice inviting sealed 'bids and stating the time and place such bids will be received by the City Council. Said notice to be published in the Laurel Outlook, a weekly newspaper published and circulated in the City of Laurel, in the regular issue thereof on the 18th and 25th days of Nov- ember, A. D. 1931. Section 4. The successful bidder shall within three days aftex his bid has been accepted by the Council, make and execute with the City of Laurel, a contract in duplicate, and in accordance with the provisions of this Ordinance and all other Ordinances, notices and resolutions concerning this Dis- triot. Said contract on the part of the City of Laurel to be executed in the name of the City of Laurel by its Mayor and attested by its Clerk. Section 5. That upon the execution of said contract by the successful bidder, he shall give to the City of Laurel a good and sufficient bond in the sum of twenty-five per cent (25%) of the amount of the, contract, to be approved by the r Mayor and City Council, (and conditioned to the effect that he, the said suoeeseful bidder or contractor, shall well and truly perform all the terms, conditions and provisions of said con- tract and shall save harmless the City of Lauxel from all neg- ligence or willful acts of said contractor or contractors, his or their agents, servants, representatives, employees or sub- contractors in performing the terms and conditions of said con- tract and in making said improvements Section 6. The consideration of said bond shall be as follows:- That 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 Lauxel by reason of his failure to fully perform the terms and conditions of said contract, or to make said improvements and shall indemnify and save harmless the City of Laurel from any and all damages which it may sustain by reason of liens for labor and material fi-Irnishedfor said work or by reason of the failure of said contractor to pay the wages or earnings of any laborers or mechanics employed by him as suoh contractor in or about said work; or by reason of his failure to pay for any ma.- teriale, provisions or goods of any kind furnished; or by reason of any just debts inourred in carrying on said work; and that the said 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 failure afore- said; and that the contractor shall pay all laborers, mechanics and material men and persons who have supplied goods or mater- ials of any kind, all just debts due such person, or to any person to whom any part of such work may be given; and shall indemnify and save harmless the City of Laurel for or on ao - count of any injury or damage sustained by any person or per- sons by or from the acts of said contractor, his agents, ser- vants, employees in doing the work therein specified or by or in consequence of any negligence in guarding the same, then this obligation to be void, otherwise it shall be in full force and effect. Section 7. That each of said bids shall be acoompani- ed by a nonoonditional certified check made payable to the City of Laurel in the sum of not less than ten per oent of the amount of the bid on some reliable bank located within the City of Laurel, if such bid is accepted and the bidder complies with the terms of this ordinance to making and exeouting and deliver- ing to the City of Laurel said bond and the making and execut- ing of said contract as herein provided then said check shall, without delay be returned to said bidder, otherwise said check shall be forfeited tL) the City of Laurel, Montana. The checks of bidders other than the successful bidder shall be returned after the contract is awarded. Section 8. That all payments for the oonstruotion of said improvements shall be made'in Special Improvement Lighting District bonds drawn on the funds of said Special Improvement Lighting District No. 3 on the estimate of the City Engineer, approved by the city Council, immediately after the second reg- ular meeting of the City Council each month; provided, however, that before said warrants are delivered the contractor must furnish statements, to be approved by the city council, for all material used and all labor perormed on said improvements and the appurtenances thereunto belonging and receipts showing pay- went in fall. Ten per cent of all estimates shall be reserved until the final completion of said improvements and their ac- ceptance by the City Council; after which full settlement will be made in the manner hereinbefore stated. Section 9. That the contractor shall receive such Special Improvement Lighting District bonds in payment of said improvements at their fill face value and he or they and all owners or holders of such Special Improvement Lighting District bonds shall rely for payment exclusively on the funds on which said bonds are drawn. section 10. That the engineer shall include in the final estimate such sums as he shall estimate are necessary to cover the actual costs of engineering, inspection, printing and legal expenses, preparation of assessment rolls and other inoi- dental expenses properly charged against the District. The con- tractor before receiving sums payable in Special Improvement Lighting District bonds shall pay to the City Treasurer in cash the amounts so inoluded and shall receive Special Improvement Lighting District bonds for the amounts so paid. Section 11. That upon the completion of all the con- ditions provided for in said contract and the full completion of all said improvements and before the final payment as herein- before provided the contractor shall furnish to the City Council of Laurel a maintenance bond in the sum of One Thousand dollars providing for the maintenance of the improvements within said district for the period of one (1) year after the date of the ex- soution of said bond and providing that the said contractor will save the Council harmless from any costs or expenses because of repairs or improvements or faulty woric for the said period of one year. Section 12, That all ordinances or parts of ordinances in conflict with or inconsistent with this ordinance are hereby repealed. Passed by the City Goancil this 17th day of Nov- ember, 1931, and approved by the Mayor this 17th day of November, 1931. Vor'