HomeMy WebLinkAboutOrdinance No. 644M
ORDINANCE NO. 644
AN ORDINANCE PROVIDING FOR THE RECEIVING OF BIDS AND
THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF
IMPROVEMENTS IN SPECIAL IMPROVEMENT DISTRICT NO.177
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LAUREL, MONTANA:
Section 1. That at 7:00 o'clock P.M., on Tuesday, the 6th
day of September, 1977, at the Council Chambers at City Hall,
Laurel, Montana, the City Council of the said City of Laurel will
receive sealed bids for the construction of improvements in
Special Improvement District No. 97 , said improvements to con-
sist of constructing and installing curb and gutter, paving, side-
walks, and street signs in Lots 1 thru 10, Block 22, Lots 1 thru
10, Block 21, Lots 2 thru 8, Block 24, Lots 11 thru 20, Block 25
and the vacated portions of South Second Street and South Third
Street included therein, East Yellowstone Subdivision, according to
to the official plat thereof on file and of record i.n the office of
the Clerk and Recorder of Yellowstone County, Montana, and doing of
all things found necessary 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 re-
serve 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
August 10, 1977, and August 24, 1977.
Section 4. That if the owners of over 50% (fifty per cent)
of the area of land within said District liable to be assessed,
or their agents, fail to elect to take such work and enter into a
written contract to do the work at a price at least five per cent
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 of
this ordinance, and all other ordinances, notice and resolutions
concerning this Special 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 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 per cent of the amount
of the contract, to 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 contractors 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, subcontractors,
and materialmen and all other persons who have
supplied such principal with provisions, pro-
vender, materials or supplies for the carrying
on of such work, then this obligation to be
null and void, otherwise to be and remain in
full force and effect.
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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 per cent of the amount of the bid and
drawn on some responsible bank. If such bid is accepted, and the
bidder complies with the terms of this ordinance, as to the making,
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. 97 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 per cent 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.
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Section 10. That all ordinances or parts of ordinances in
conflict or 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 `, 1977.
APPROVED:
MAYOR
ATTEST:
L CITY CLERY/
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