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HomeMy WebLinkAboutOrdinance No. 427 ORDINANCE NO. 427 AS ORDINANCE PROVIDING FOR THE RECEIVING OF BIDS AND THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN SPECIAL lMPROVtMEI ' DISTRICT NO. 73. • BE I•r ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL: Section 1. That at 7;30 o'clock P. M. on Tuesday the July 3rd, 1951, tYs City Council of the City of Laurel will receive sealed bids for the construction of improvements in Special Improvement District No. 73, according to the plans and specif- ications 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, scarifying, surfacing, and laying of an oiled mat Twenty-four (2)+) feet wide in the center of the following described streets and avenues: Alder Avenue between 16ixth street and the Southerly City Limits;, Idaho, Washington, Wyoming, Pennsylvania, Colorado and Montana Avenues between Sixth Street and Main Street; Ohio Avenue between Fourth Street and Main Street; Sixth Street between First Avenue and Alder Avenue; Fifth Street between Alder Avenue and First Avenue; Fourth Street between Ohio Avenue and First Avenue; Third Street between Pennsylvania Avenue and First Avenue; First Street between Alder Avenue and north and south alley between First Avenue and Second Avenue; aggregating the placing of approximately Sixty Thousand, Two Hundred Seventy"Five (609275) square yards of oiled pavying, according to the plans and specifications adopted and approved by the City Council; That the approximate cost of the said improvements is hereby estimated to be the sum of $23,199.00. Said improvements to be fully completed on or before the 15th day of Se-pyember 1-951. Section 2. That the City Council shall, and does, hereby reserve the right to reject any and all bids. Jf 1' J w 2' rw 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 r egular issues thereof on the 6th and 13th days of July, 1951. Section 4. If the owners of three-fourths (3/4) of the frontage of lots and lands within said District liable to b e assessed, or their agents, f ail 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 (5y6) less than the price at which the same shall be awarded, within three (3) days after the awarding of said contract to successfubidder as r a?o? vid?d by Secti xw?j 233 ?e p? ?7 l'?'Y1a t?I Revised Codes of Montana, 1935, en successful bidder shall immediately make and execute with the City of Laurel, a contract in duplicate and in,accordance with the provisions with this "rdinance and all other ordinances, notices and resolutions con- certing this Improvement District. Said contract, on the part of the City of -+aurel, 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 thall 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 inpp.oAmmentss to be made, same to b e approved by the Mayor and City Councils conditioned to the effect that such contractor or dontraoting 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 vAllf?aul acts of s aid con., tractor or contracting owners or his or their agents, servants, representatives, employees or sub.-contractors in performing the terms and conditions of said contract and in making said improve. mentss. The conditions of said bond shall be as follows:, 3Y w " 3 P, 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 reasons 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" cur red in carrying on said work; and if the contractor shall pay to the City of Laurel all sums of money, damages, or costs and a xpenses 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 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 City 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 13 of 4» and improvements shall be done and fully com- pleted on or before the day of 1951, and shall be andremain 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 wi11h 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 b. 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 ten per cent. (10%) of the bid, 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 bf bidders other than the successful bidder shall be returned after the contract hasl been awarded, provided however, that all checks may be 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 corffitruction of said improvements shall be made in bonds drawn on the Fund of Special Improvement District No. 73 on the estimate of the City Engineer, approved by the City Council immediately after the second regular meeting of the City Councileach month, provided, however, that said contractor or contractors have paid for the labor performed and materials used in said improvements and the a ppurtenanees f f • t a y .. s 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 f inal settlement will be made in the manner set out. Section 8. That the successful contractor or w ntractors 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 engineering, Inspecting, printing, legal expenses, preparation of assessment rolls and other incidental expenses properly charged against said Distract. The contractor dha]Ll 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. ThtLt the contractor or contractors shall pay and deposit with the Industrial Accident Board at rlelena, Montm a, 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 aspro vided by the laws of the State of Montana relative to Workmen's Compensation and shall deposit with the City Clerk a?oreceipt:- showing compliance with this pCovision 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. is' ? , J T J 4 .. , .? 6 .» Passed by the City Council and approved by thin Mayor this 5th day of June, 1951. APPROVED: 10, cjii?- Peter D. Thomson., Mayor ATTEST e Hohendorf? City erk, 36