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Home My WebLink AboutOrdinance No. 5584 ORDINANCE NOS 558 AN ORDINANCE PROVIDING FOR THE RECEIVING OF BIDS AND THE LETTING OF A CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENTS IN SPEC- IAL IMPROVEMENT DISTRICT NO. 91. BE IT ORDAINED BY THE CITY COUNCIL OF TUB CITY OF LAUREL: Section 1. That at 7:30 o°clock, P. M., on Tuesday., the 19th day of September, 1961, the City Council of the City of Laurel will receive sealed bids for the construction of improvements in Special Improvement District No. 91, 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 construction of approximately 10,765 linear feet of new monolithic curb and gutter and other appurten- ance* necessary for the proper constructioa of said curb and gutter, adopted by the City Council; That the approximate cost of the said improvements hereby is estimated to be the sum of Twenty-six Thousand Five Hundred and no/100 ($26,500.00) Dollars; Section 2. That the City Council shall, and does, here- by 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 the place where said bids will be received by the City Council. Such.publication to be made in the Laurel Outlook, a weekly news- paper published and circulated in the City of Laurel, Montana, in the regular issues on the 6th and the 13th days of September, 1961. Section 4. If the owners of three-fourths (3/4) of the frontage of lots and lands within said District liable to be as- sessed, OXL their agents, fail to elect to take such work and enter into..a written contract to do the whole work at a price at least five (5%) per cent less than the pries 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 Codas of the State of Montana, 1947, then successful bidder shall immediately make and execute with the City of Laurel, a contract s J• In duplicate and in accordance with the provisions of this Ordi- nance and all other ordinances., notices and resolutions concern- ing,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 City Clerk. 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 sun of not less than one hundred (100%).per cent 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 ownere shall well and truly perform all the terms and conditions of said contract and shall save the City of Laurel harmless.frou 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 said contract and in making said improvements. The conditions of said bond shail 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 At 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.earaiags of any laborers or mechanics employed by his as such contractor in and about such work; or by reason of his failure to pay for any materials provided of goods of any 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 sums of money, damages, or costa and smonses which it may be ao yelled 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, mec- hanics and materials, son and persona 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, rece- ived 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 em- ployees 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 improve- ments shall be done and fully completed at the time and according to the plans and specifications on file in the office of the City Bngineer, Laurel, 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.Counoil, and free from de- terioration in accordaiaoe 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. section s. That each of said bids shall be accompanied by. an unconditional certified check made payable to the City of Laurel in the sun of at least ten (10%) per cent 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 de- iivdring to the City of Laurel said contract and bond as hereto- fore provided, then said check shall, without delay, be returned to said bidder, otherwise said check and the proceeds thereof shall be forfeited to the said City of Laurel. The checks of bidders other than the successful bidder shall.be returned after the contract has been awardedl, provided lever, that all checks may be retained until the contract has been ezecuted between the City and the suc- cessful bidder at the option of the City Council. Section ?. That all payments for the construction of said improvements shall be made in bonds being drawn on the Fund of Special Improvement District' Ho. 91 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 per- formed and materials used in said improvements and the appurten- ances thereto. Ten (10'x) per cent of all estimates shall be re- served until the final completion of said improvements and their acceptance by the City Council at which time final settlement will be made in the manner met out. Section S. That the successful contractor or contrac- tors 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, inspecting, printing, legal ex- penses, preparation of assessment rolls and other incidental ax- pauses 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 big or. their contract as a guaranty for the payment of the premium as- sessments necessary to be paid by such contractor as provided by the laws of the State of Montana relative to Workmen's Couponsa- tion, and shall deposit with the City Clary, a receipt showing com- pliance 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. r Passed by the City :.-mncil and approved by the Wayor of the City of Laurel this 5th dal of.September, 1961, o n Ogg r.-t-Ow. Mayor ATTEST: