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HomeMy WebLinkAboutOrdinance No. 309 ;: ORDINANCE 10. 309. AN ORDINANCE PROVIDING FOR THE RNG,RIVING OF BIDS AND THE LETTIXG OF A CONTRACT 704 THE CONSTRUCTION OF INPROV S 11 OMAL IVROTAMT DISTRICT NO. 69. HE IT OI=D BY THE CITY COUNCIL OF THE CITY OF 7.8IIRUi Section 1. That at 8:00 o'clock P. M. on Tuesday the2ld-t day of duly, 1931, the City Council of the City of Laurel will receive sealed bids for the construction of im- provements in Special Improvement J)istrict Ho. 69 according to the plans and specifications thereof on file and of record in the office of the City Clerk and City Bngineer of the City of Laurel, Montana; said improvements to consist of the grad- ing, excavating and laying of a twenty foot strip of six inch concrete paving in the ]bast and Wiest Alleya in Block One fl) Laurel Realty Subdivision to the Tounsite of Ust Laurel, and B1.00k one (1) of the Tame ite of East Laurel; aggregating the laying of approximately One Thousand Four Rundred Twenty (1450) square yards of six inch (6") concrete of paving aocording to the plans and specifications adopted and approved by the City 4ouncil. Said improvements to be fully completed on or before the let day of September, 1981. Sedticn 8. That the City Council shall, and does, hereby reserve the right to reject any and all bids. Section S. That the City Clerk is hereby author- ised and directed to publish notioe inviting sealed bids, stating the time when and the plsoe where said bide Will be received by the City Council. Suoh publication to be made in the Laurel Oablook, a veekly newspaper published and air- eulated in the City of Laurel, in the regular issues thereof -1- on the. :asd;,at.;dAy'of''J-my, 1931. 4otion 4. If the owners of three-fourths Q) of the area of lots and lands within said District liable to be assessed, or their agents, fail to elect to take sm.oh 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 (5) days after the awarding of said contract to successful bidder an provid- ed by Section 5E35(lof the Revised Codes of Montana, 1821, 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 Improvement District. Said contract, on the part of the 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 execution and delivery of said contract to either the successful contractor or can- traoting owners, he or they shall give to the City of Laurel a bond in the scat of not lose than twenty-five per cent. (25%) of the total estimated cost of the improvements to be made, some to be approved by the Mayor and City Council, conditioned to the effect that each contractor or contracting owners shall well and truly perform all the terms and conditions of said oontract and shall save the City of Laurel harmless from neg- ligenee or wilful sate of said contractor or contracting owners or his or their agents, servants, representatives, SUP10ye9B or sub-contraotors in performing the terms and conditions of said contract and in making said improvements. The conditions of said bond shall be as follows: r2- The said contractor shall.well and truly perform .his part of said contract and each and every cove- nant therein, oontained 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 of the failure of the said con- tractor to pay the wages and earnings of any la- borers or mechanics employed by him as such con- tractor 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 work; and if the contractor shall pay to time City of Laurel all sums of money, damages, or costa and expenses which it may be oQatpel??d'?te;. =ar which it may sustain by reason of his or their failure as aforesaid, and if the contractor or contractors shall pay all laborers, mechanics and material, men and persons ¦ho have supplied goods and materials of any kind, all just debts to such persons or to any pe11sonat to 'whom any Part of the work was given, and shall indemnify and save harmless the City of Laurel for or on account of any injuries or damages, received or sustained, by any Person or persons, by or from the nets or negligence of said oontraetax ox oo tractors, his or their agents, servants or employees in doing the work thexsiu specified, or by or in ovpseOence of any negligenoe in -3- guarding the same, and that all of said work and improvements shall be done and fully com- pleted on or before the 1st day of September, 1931, 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 ob- ligation to be void, otherwise to be in full force and effect. Section 61. That each of said bids shall be accom- panied by an unconditional certified check made payable to the laity of Laurel in the sum of at least ten per vent. (10%) of the bid, drawn on some responsible bank. If such bid be aoeepted and the bidder complies ¦ith the terms of this 0,Vdinano a as to making, executing and delivering to the City of Laurel said oont#aot and bond as heretofore provid- ed, then said check shall, without delay, be returned to said bidder, otherwise said check and the prooeeds thereof shall be forfeited to the said City of Laurel. The checks of bidders other than the successful bidder shall be re- turned after the contract has been awarded, provided how- ever, that all cheeks may be retained until the contract has been executed between the City and the successful bidder at the option of the Qr*ty council. -4- Saotion T. That all payments for the oonstruo- Lion of said improvements shall be made in bonds drawn on the Fund of Bpecial IMprovement District Bo. 69 on-the so- ti.msts of the City SP?gineer, approved by the City Council idlately after the second regular meeting of the City Cgnnoil each month, provided, however, that said oontrac- tor or contractors have paid for the labor performed and materials used in said improvements and the appurtenances thereto. Ten per oent. (10%) of all estimates shall be reserved until the final completion of said improvements and their acoeptause by the City Qq=oil at which time final settlement will be made in.the manner set out. Section 8. That the suesessful contractor or con- tractors shall receive sush bands in payment of said improve- ments at their full face value and he or they and all owners and holders of such boade shall rely exclusively on the funds on uhioh said bonds are drawn for payment. Section 9. That the City USIneer include in the final estimate such.sume as he shall estimate to be necessary to oever the actual cost of engineering, inspeoi;JAS(?, print- ing, legal expense, preparation of assessment voila and other Incidental expenses properly charged against said Dis- triot. The contractor shall pay to the City Treasurer, in cash, the amount as included and shall receive bonds against the Aistriot for the amount so paid. section lo. That the contractor or oontraotore .shall pay and deposit with the Industrial aooident Board at Helena, M#ntam, such an amount s shall be required by law =der his or their oontrsot as a paranty for the paYMOnt of the premium aeaessnonts necessary to be paid by such oontrao- -S- ter 'as provided by the laws of the State of Montana relative to Work*n's Compensation and shall deposit with the City Clevk a reeeipt showing oomplianae with this provision before hq dell receive the payment of suoh bonds or warrants due on the final estimate. Seation 11. That all ordinances or parts of osdi- mmoes in oonfliat and inconsistent with the terms of this Ordinance are hereby repealed. Passed by the City ConnGil and approved by the Ysyos this day of 1951 n Ma r. -6-