HomeMy WebLinkAboutOrdinance No. 489
ORDINANCE N0. 489
AN ORDINANCE PROVIDING FOR THE R ECEIVING OF BIDS !aND 2HE IiETTING
OF A CONTRAC'T' FOR THE CONSTRUCTION OF ITXPROV.EMENTS IN SPECIAL
IMPROVEMENT DISTRICT No. 80.
BE IT ORDAINED BY THE CI'T'Y COUNCIL OF THE CI'T'Y OF LAUREL:
Section 1. !hat at 7:30 o'clock p.m., on Tuesday the 6th
day of September, 1955, the City council of the City of Laurel will
receive sealed bids for the construction of improvements in Special
Improvement District No. 80, 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 Nineteen thousand, eight hundred ninety-five (19,895)
linear feet of standard Sidewalk; Nine thousand five hundred eighty
(9,580) linear feet of California-type sidewalks, and Five hundred
seventy (570) linear f eat of gutters and curbs, along; vt th other
accessories necessary for the proper completion of said improvements,
adopted and approved by the City Co4ail;
Aiat the approximate cost of the said improvements is hereby
estimated to be the sum of $71,000,00.
Section 2. '2hat the City council shall, and does, hereby
reserve the right to reject any and all bids.
Section 3. 'T'hat the City Clerk is hereby authorized and
directed to publish notice
when and the place where s
Council. Such publication
weekly newspaper published
the regular issues thereof
days of August, 1955.
inviting sealed bids, stating the time
aid bids will be recolved by the City
to be made in the Laurel Outlook, a
and circulated in the City of Laurel, in
on the 7th of August c.,nd the 14th
Section 4. If the owners of three-fourths (A) of the
frontage of lots and lands within said 'istrict liable to be assessed,
or their agents, fail to elect to take such work and enter into a
written contract to do thew hole work a t a price at least five per
--2.-
a
cent (5%) less than the price at which the same be awarded, within
three (3) days after the awarding of said contract to successful bidder
as provided by Section 11-2210 of the Revised Codes of the q*ate of
igiontanan.1947, then successful bidder shall immediately make and
with
execute/the City of Laurel, a contract in duplicate and in accordance
with the provisions with this Ordinance and all other ordinances,
notJoes and resolutions concerning this improvement District.
Said contract, on the part of the City of Laurel, shall be exe-
cuted in the name of the City of Laurel by its Mayor and attested
by its Clark.
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 then one hundred per cent (100%) of the total amount of the
contract, same to be approved by the Mayor and -ity 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 willful
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 s aid contract and in making said improve-
mantis. 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 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
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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 byr eason of his or their failure
as aforesaid, and if the contractor or con-
tractors shall pay all laborers, mech.naics
and materials, 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-
pleted at the time and according to the plans
and specifications on file in the office of
the City -"ngi ne a r, Laurd., Montana, and shall
be and remain in permanent and good condition
for a period of one (1) year after the date of
its acceptance by the City ouncil, and free
from all deterioration in accordance with the
provisions of said contract and the component
parts thereof, then this obligation to be void,
otherwise to be in full force and effect.
Mom
Section 6. 4iat 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 s hall, without delay,
be returned to said bidder, otherwise said check and the proceeds
thereof shall be forfeited to the said City of Laurel. The chekks
of bidders other than the s uccessful bidder shall be returned
after the contract has been awarded, provided however, that all
checks may be retained until the.contract has been executed be-
tween the City and the successful bidder at the option of the
Cite Council.
Section 'j, '2hat all payments for the construction of
said improvements shall be made in bonds drawn on the xund of
Special Improvement District No. 80 on the estimate of the City
Engineer, approved by the City ouncil immediately after the sec.
and regular meeting of the City `'ounc it 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 acceptance by the City youncil a t which time final
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 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, inspecti4g, printing, legal expenses, preparation
of assessment rolls and other incidental expenses properly charged against
»5e
laid 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 d eposit with the Industrial Accident Board of i1elena, 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 conctractor as provided by the laws
of the State of Montana relative to Workment s Compensation and shall
deposit with the City Clerk a receipt showing compliance 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 August, 1955•
APPROVED:
( CZX L-fx??
eter D. Thomson, Mayor
ATTEST:
Mia llie Hohen orf, ity lark