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HomeMy WebLinkAboutOrdinance No. 655ORDINANCE NO. ~.,6-.~'- AN ORDINANCE PROVIDING FOR THE RECEIVING OF BIDS AND THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN SPECIAL IMPROVEMENT DISTRICT NO. /~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA: Section 1. day of Daacmber, Laurel, Montana, That at 7:00 o'clock P.M., on Tuesday, the t~th i-~¢¢, at the City Council Chambers at City Hall, the City Council of said City of Laurel will receive sealed bids for the construction of improvements in Special Improvement District No. ~'~._, said improvements to consist of constructing and installing curb and gutter, paving, water, and sanitary sewer in Blocks 1 and 2, Mogan Subdivision, 1st Filing: Laurel, Montana, according to the official plat thereof on file and of record in the office of the Clerk and Recorder of Yellowstone County, Montana, and doing of all things found neces- sary and incidental to the aforesaid, all of which shall be in strict accordance with the plans and specifications of the City of Laurel, Montana. 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 and place that the said bids will be received by the City Council, in The Laurel Outlook, a newspaper published and circulated in the City of Laurel, Montana, in the regular issues thereof, on Nov~m~ar ~, 1978, and December -~3, 1978. Section 4. That if the owners of over 50% (fifty percent) of written contract the area of land within said District liable to be assessed, their agents, fail to elect to take such work and enter into a . to do the work at a~price at least five percent less than the price at which the same will be awarded, within three days after the awarding of the contract, in compliance with the statutes of the State of Montana, then said successful bidder shall immediately make and execute with the City of Laurel, a contract in duplicate, and in accordance with the provisions is this ordinance, and all other ordinances, notice and resolutions concerning this Special Improvement District. Said contract on Re part of the City of Laurel shall be executed in the name of the City of Laurel by its Mayor and attested by the City Clerk. Section 5 That upon the execution and delivery of the said contract to either the successful bidder or contracting owners, he or they, shall give to the City of Laurel, a good and sufficient bond in a sum of at least 100 percent of the amount of the contract, be approved by the Mayor and City Council~ conditioned to the effect that such contractor or contractors shall well and truly perform all of the terms and conditions and provisions of said contract and shall save the City of Laurel harmless from any wanton or wilful acts of the said contractor or con~ractors in performing the terms and conditions of the said contract and in making said payments. The conditions of the said bond shall be as follows: That if the said principal shall faithfully perform all of the provisions of the contract, and pay all laborers, mechanics, subcontrators, and materialmen and all other persons who have supplied such principal with provisions, pro- vendor, materials or supplies for ~he carrying on of such work, then this obligation to be null and void, otherwise to be and remain'in full force and effect. Section 6. That each of the:said bids will be accompanied by an unconditional certified check made payable to the City of Laurel in the sum of ten percent of the amount of the bid and drawn on some responsible bank. If such bid is accepted, and the bidder complies with ~he terms of this ordinance, as to the making,~ tO -2- executing and delivering to the City of Laurel, the said contracts and bonds, as herein provided, then said check without delay shall be returned after the contract is awarded, provided, that all checks may be retained until a 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 warrants drawn on the funds of Special Improvement District No /~ , after the bonds of the said District have been sold, on the estimate of the City Engineer, approved by the City Council, each month~ provided, however, that the said contractor has paid for the labor performed and the materials used on the said improvements. Ten percent of the estimates shall be reserved until the final completion of the said improvements shall be made in the manner set out. Section 8. That the said City Engineer shall include in the final estimate such sums as he shall estimate are necessary to cover the actual cost of engineering, inspection, legal expense, printing, preparation of assessment rolls and other incidental expenses properly charged against the District to the City Treasurer in payment of the same, and deposited to the general fund of the City. Section 9. That such provisions shall be included in the contract in regard for the City's obligation in the manner of insuring payment of the premiums of the contractor to the State of Montana Industrial Accident Board, as are required by the laws of the State of Montana. Section 10. That all ordinances or parts of ordinances in conflict or inconsistent with the terms of this ordinance, are -3- hereby repealed. PASSED BY THE CITY COUNCIL AND APPROVED BY THE ~YOR, this day of N~vember., 1978. APPROVED: Larry D, Herman MAYOR ATTEST: Sharon L. Herman, Deputy CITY CLERK -4-