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HomeMy WebLinkAboutOrdinance No. 362 ORDINANCE NO. 362 AN ORDINANCE PROVIDING FOR THE RECEIVING OF BIDS AND THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN SPECIAL IMPROVEMENT DISTRICT NO. 70. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL: Section 1. That at 7:30 otclock P. M. on Tuesday the 7th day of May, 1940, the City Council of the City of Laurel will receive sealed bids for the construction of improvements in Special Improvement District No. 70, 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 grading, graveling, surfacing, re- moving street crossings and curbss installing culverts and drains and the laying of an oiled mat twenty-four feet (241) wide in the center of the following described streets and avenues: Juniper, Fir, Elm, Date, Birch and ,Llder Avenues between Sixth Street and the Southerly City Limits; Idaho, Washington, Wyoming, Pennsylva- nia, Colorado and Montana Avenues Between Sixth Street and Main Street; Second and Third avenues between the North City Limits and Main Street; Fourth Avenue between Fourth Street and Main Street; Fifth Avenue between Fourth Street and Railroad Street; Durland Avenue between Railroad Street and the South boundary of Yellowstone Subdivision; Sixth Street between Juniper Avenue and Elm Avenue; Sixth Street between First Avenue and Third Avenue; Fifth Street between Elm Avenue and Third Avenue; Fourth Street between Cottonwood Avenue and Alder Avenue; Fourth Street between Idaho Avenue and Fifth Avenue; Third Street between Pennsylvania Avenue and Fifth Avenue; Second Street between Second Avenue and Fifth Avenue; First Street between Alder Avenue and Fifth Avenue; Railroad Street from Fifth Avenue to Durland Avenue; aggregating the placing of approximately One Hundred Twelve Thousand Nine r , s 1 . . Hundred (112,900) square yards of oiled paving, according to the plans and specifications adopted and approved by the City Council. Said improvements to be fully completed on or before the 1st day of November, 1940. Section 2. That the City Council shall, and does, hereby reserve 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, 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 10th and the 17th days of April, 1940. Section 4. If the owners of three-fourths (3/4) of the frontage of lots and lands within said District 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%J 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 5233 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 con- earning 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 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 it I 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 City of Laurel harmless from negligence or wilful acts of said con- tractor or contracting owners or his or their agents, servants, representatives, employees;lor sub--contractors in performing the tems and conditions of said contract and in making said improve- ments. The conditions of said bond shall be as follows: The said contractor shall well and truly per- form 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 fur- nished for said work, or by reason of the failure of the 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 in- curred in carrying on said work; 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 con- tractors shall pay all laborers, mechanics and material, men and persona who have supplied goods and materials of any kind, all gust debts to such persons or to any persons to whom any r r v ?. r part of the work was given, and shall indemnify and savd harmless the City of Laurel for or on account of any injuries or damages, received or sustained, by anj. 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 com- pleted on or before the 1st day of November, 1940, 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 con- tract and the component parts thereof, then this obligation 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 City of Laurel in the sum of at least ton per cent (10%) of the bide drawn on some responsible bank, If such bid be accepted and the bidder complies with the terms of this Ordinance as to making, executing and delivering 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 City of Laurel. The checks of bidders other than the successful bidder shall be returned after the contract has been awarded, provided however, that all checks maybe retained until the contract has been executed between the City and the successful 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 Fund of Special Improvement District No. 70 on the estimate of the City 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. Ten per cent (10%) of all estimates shall be reserved until the final completion of said improvements and their accep- tance by the City Council at which-time final settlement will be made in the manner set out. Section S. That the successful contractor or contractors shall receive such bonds in payment of said improvements at their full face value and he or they and all owners and holders of such bonds shall, rely exclusively on the funds on which said bonds are drawn for payment. Section 9. That the City Engineer include in the final estimate such sums as he shall estimate to be necessary to cover the actual cost of engin®ering, inspecting$ printing, legal expenses, preparation of assessment rolls and other indldental expenses properly charged against said District. The contractor shall pay to the City Treasurer, in cash, the amount so included and shall receive bonds against the District for the amount so paid. Section 10. That the contractor or contractors shall pay and deposit with the Industrial Accident Board at Helena, Montana, suich 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 suchiontractor as provided by the laws of the State of Montana relative to Workmen's Compensation and shall deposit with the City Clerk a receipt showing compliance r ? r s ? i with this provision before he shall receive the payment of such bonds or warrants due on the final estimate. Section 11. That all ordinances or parts of ordinances in conflict and inconsistent with the terms of this Ordinance are hereby repealed. Passed by the City Council and approved by the Mayor this 2nd day of April, 1940. APPROVED : Lucius Conrad, Moor. (SL) ATTEST: Rosella Fritz, City Clerk.