The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 416ORDINANCE NO. 416 AN ORDINANCE PROVIDING FOR THE RECEIVING OF BIDS AND THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN SPECIAL IMPROVEMENT DISTRICT NO. 73. BE IT ORDAINED BY THE CITY COUNC{L OF THE CITY OF LAUREL: Section 1. That at 7:30 O'clock P. M. on Tuesday the 3rd day of October, 1950s the City Council of the City of Laurel will receive sealed bids for the construction of improvements in Special Improvement District No. 'P3 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, excavating and laying of a :twenty foot strip of six inch concrete paving in the Alley in Block three (3) of the Townaite of East Laurel; aggregating the laying of approximately Eight Hundred Twenty--Two (822) square yards of six inch (60) concrete of pavinga ccording to the plans and specifications adopted and approved by the City Council. Said improvements tD be fully completed on or before the 1st day of December, 1950. Section 2. That the City Council shall, and does, hereby reserve the aright 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 6th of sep tember, and the 13th of September, 1950. Section 4. If the oviners of three--fourths (3/0 of the area of lots and lands within said District liable to be assessed, or their agents, fail to elect to take such work P. 1 and enter into a written contract to do the whole work a t 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 erection 5233 of the Revised Codes of ALorttana, 1921, 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 "rdinance 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 con- tracting owners, he or they shall give to the City of Laurel a bond in the sum of not less than one hund#ed per cent. (100%) 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 City of Laurel harmless from neg- ligence or wilful acts of said contractor 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 improvements. The conditions of said bond shall be as follows: The said contractor shall well and truly perform his part of sold contract and each and every cove- nant therein contained and shall indemnify and save harmless the City of Laurel f rmm any and all darn ge -Ahi ch it may sustain by reason of liens 40 2 .. for labor and materials furnished for said workp 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 c arf'ying on said work; any if the contractor shall pay to the City of Laure 1 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 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 and improvements shall be done and fully com«o pleted on orbefore the ltt day of Lecember, 1950, and shall be and remain in permanent and good condition for a period of thirty (30) days after the date of its acceptance by tim City Council, and free from all deterioration in - 3 aocordancerdth the provisions of said contract and the component parts thereof, then this obm ligation to be void, otherwise to be in full force and effect. Section 6. That each of said bids shall be accom» parried by an undonditional 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 provid. ed, then said check sha llp vLthout delay, be returned to said bidder, otb® rwise said check and the proceeds thereof shall be forefetted 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 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 construe tion of said improvements shall be made in bonds drawn on the Fund of Special Improvement District No. 73 on the est. imate 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 contrac- tor 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, b e reserved untillthe final completion of said improvements and their acceptance by the City Council at which time final " 4 •. settlement will be made in the manner set out. Section 8. That the successful contractor or con- tractors shall receive such bonds in payment of said improve- ments at their full face value andhe or they and all owners and holders of such bonds shat 1 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, print- ing, legal expense, preparati cn of assessment rolls and other incidental expenses properly charged against said Dish trict. 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., 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 contrac- tor as provided by the laws of the State of Montana relative to Workmenx s Compensation and shall deposit with the City Clerk a receipt showing compliance with this prcv idion before she shall rec§.ive.the payment of such bonds or warrants due on the final estimate. Section 11. That all ordinances or parts of ordinance in conflict and inconsistent with the terms of this Ordinance are hereby repealed. Passed by the City Council and approved by the Mayor this 5th day of September, 1950. AP PROVED ATTEST: Mayor City Clerk