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HomeMy WebLinkAboutOrdinance No. 552 ORDINANCE NO. 552 AN ORDINANCE PROVIDING FOR THE RECEIVING OF BIDS AND THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF 3MPRDVERENTS IN SPECIAL :ZKPPDVM NT DISTRICT NO. 90. BE IT ORDAINED BY THE CITY CDUNCIL OF THE CITY OF LAUREL: Section 1. That it 7:30 o'clock, P.M., on Tuesday, the 3rd Day of January,, 1961,, the City Canancil of the City of Laurel will receive sealed bids for the construction of improvements in Special Improvement District No. 90, according to the plans and specifications thereof on file and of record in the office of the City Clerk and the City Engineer of the City of Laurel, Montana; said improvements to consist of the construction of a sanitary sewer lateral involving approximately Tvo Thousand Your hundred (2,4W') feet of 8" diameter vitrified clay pip*,, 8 reinforced concrete manholes$ and other accessories nscees=7 for the proper construction of such sanitary sewer lateral, adopted and approved by the City Council; That the approximate cost of the said improvements is hereby estimated to be the sum of Eleven Thousand and no/100 ($11,000.00) Dollars] Section 2. That the City Council shall, and does, hereby reserve the right to reject any and all bids. Section 3. That the City Clerk is hereby authorised and directed to publish notice inviting sealed bids$ 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 pub shed and circulated in the City of Laurel, Montana, in the regular i,ssmss thereof on the 21st of December, 19609 and the 28th day of DocapAw v 1960 Section 4. If the owners of three--fourths (3/4) of the rontags of lots acn& Iu a within said District liable to be assessed, or their agents' fail to elect to take such work and enter into a r written contract to do the whole work at a price at least five per cent (5%) less than the price at which the same be awarded, within three (3) days after the awarding of said contract to the successful bidder as provided by Section 11-2210 of the Revised Codes of the State of Montana, 1947, then successful bidder shall im ediate4 make and execute with the City of Laurel, Montana, 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, Montana, shall be executed in the name of the City of Laurel, Montana, by its Mayor and attested by its City Clerk. Section 5. That upon the execution and delivery of said contract to either the successi'dl. contractor or contracting owners, he or they shall give to the City of Laurel a bond in the sum of not less than One hundred per cent (100%) of the total amount of the contract, same to be approved by the Mayor and the 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,, Montana, harmless from negligence or willful acts of said contractor or contracting owners or him or their agents, servants, representatives, employees or sub-contractors in performing the terns and conditions of said contract and in making said improve- ments. The conditions of said bored shall be as follows: The 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 Laurel from any and all damage which it may sustain by reasons of liens for labor and materials furnished 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 arty kind furnished; or by reason of any just debts incurred in carrying on said work; and if the contractor shall pay to the city of Laurel„ all some ,of, money, damages, or costa, ared eupenses whist it W be cowpelled to pay or which it may w,ata$a.. by reapvn of his or their failures as aforesaid, and if the eaontraator or coptractors shall pay all laborers, mechapics and materials, WW and pererons-.who have supplied goods and, materials of .,any kind, all just debts, t4. suok persom or to aW persops to whom aaW.part.,,cf the work was OT44 , ., ued WuLU i.odeetni,flr &Dd says harml ens the City, of Laurels Montana, for or on accoupt of, any injuries or damages, received or sustaiscd,, by W. person or persons, by or from the acts or negligence of said eon- traator etr evatractorae, his or their agonts, servants or employees in doing the vark• therein specified, or by or in consequence of any negli- !! in guarding t4W "nos and that all of said work and improvments absll: ,bed. Odom aped ful3z coWeted at the time and according to the, plans a* opecifleatleas on, file in the offico of the City Engineer, Laurel, ##oas and shall be and remain in permanent and good condition for a period of ome:.(1) year after the date-of ito acceptance by, the City Cow=U0 and fre& from deterioration in accordance with the proTisigns of said, contract and. the ccgmxwut parts thereof, tb`n this, obllgation to lao! void, otherjoisq, to be in Hill torpe aud effect . ftqtion 6. That each of said bids sh*11 be accompanied, by an, stee:ftWitUnAl certified vheck made. pWablc, to the City of Laurels XOAtW&.p in the, RM of at least ten per. ;AWt (10%) of the bid, drawn on some respom;Lble ; bank,, If moth bid, bo accepted and geese., bidder flies with ; the . tgMV of this ordinate as to, 1cindr cacecutiag and delivering to the Gitr of 1aWe1 541A coatraet aced bond as heretofore ppmvidewd,, then cat, aback shall, without AelAys, be returned to Baird blMer? aVorwim said check and the proceeft thereof shall be., forfeited to .,the :esid City of ,Laurel,. The checks of briers other t,4&n the Meal" bidder dual.bo xisturned after., the contract has been awarded, previrded, howevefr# that all checks nay .be retained until the contract has been eaceeou,teed betwoft the City, quad the successful biddW atk. they optian d the City, Cotwmil of t)w City of 4&Uz 1, Montana. ' r. .r Section 7. That all payments for the construction of said isprove=ntm shall be made in bonds drawn on the Fund of Special Improvement District No. 90 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 the 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 acceptance by the City Council at which time final settlement will be grade 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 &gineer 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, k preparation of assessment rolls and other incidental 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 of Helena, Montana, such an amount as shall be required by law under his or their contract as a guarantee for the payment of the premium assessments necessary to be paid by such contractor 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 compli:enace 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 of the City of Laurel, Montana, and approved by the Mayor this 20th day of December, 1960. f • ar er q Mayor ATTER i Dorothy L. Bundy 136ratky Cleft (SILL)