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HomeMy WebLinkAboutOrdinance #0871,. ORDINANCE NO.g 71 AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 8, CHAPTER 2, OF THE CANTON MUNICIPAL CODE CONCERNING PUBLIC WORKS, CONTRACTS AND CONTRACTORS. WHEREAS, the Legal & Ordinance Committee of the City of Canton, Illinois has determined that it is necessary, desirable and to the best interests of the City of Canton to modify and amend certain sections of Title 8, Chapter 2 of the Canton Municipal Code concerning Public Works, Contracts and Contractors; and WHEREAS, the City Council of the City of Canton, Illinois has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That Title 8, Chapter 2, Section 1 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-2-1: Contracts, How P1ade: All contracts for the making of any public improvements in the City, to be paid for in whole or in part by special assessment or special taxation, and any work or other public improvement, when the expense thereof shall exceed the sum of twenty five hundred dollars ($2,500,00), shall be let to the lowest qualified responsible bidder therefor, in the manner hereinafter prescribed, and be approved by the Mayor." 2. That Title 8, Chapter 2, Section 3 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-2-3: Mayor to Advertise for Bids: As soon as the special tax or special assessment for any such improvement shall have been finally confirmed, as provided by law, and sooner if deemed expedient by the Mayor and Council, the Mayor is authorized to advertise, in one or more newspapers of general circulation printed or pub- lished in the City, for proposals to furnish materials and do said work, according to the plans and specifications aforesaid. Such advertisement shall be published at least ten (10) days before the date fixed for opening said pro- posals, and shall state the nature and extent of the improve- ment ordered, the place where specifications thereof may be seen, and the time and place when and where the bids will be opened. The right to reject any and all proposals so received shall be reserved in the advertisement." 3. That Title 8, Chapter 2, Section 4 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-2-4: Proposals, Awarding Contract: All proposals for any such improvement shall be signed by the persons bidding and be enclosed in a sealed envelope, and directed to the Mayor, and each bid shall be accompanied by a cashier's check, bid bond and/or cash in such reasonable amount as may be designated by the Mayor in said advertise- ment, payable to the order of the City Treasurer, which shall become forfeited to the City in case the bidder shall fail to enter into contract, and execute bond with approved securities, to execute work for the price mentioned in his bid, and according to the plans and specifications, in the event that the contract should be awarded to him. All proposals shall be opened by the Mayor at the hour and place mentioned in said advertisement, in the presence of such qualified bidders and other persons as may attend, and, upon examination of the same, the City Council shall award the contract to the lowest qualifi,ed~responsible bidder, or they may reject any or all bids if the same are not satisfactory." 4. That Title 8, Chapter 2, Section 9 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-2-9: Contracts, Essential Clauses: Each contract shall contain a clause, in substance to the effect that it is made subject to the provisions of this Code, and to the power of the Mayor, City Engineer or other designated City officer to suspend the work and of the City Council to annul the contract fora failure on the part of the contractor to execute the same according to the terms thereof, but that such suspension shall not affect the right to all damages claimable by it on account of the nonperformance of such contract according to the terms thereof. All contracts in which the contractor or contractors agree to be paid from special taxes or special assessments, shall contain certain covenants to the effect that they shall have no claim or lien upon the City, in any event, except from the collection of the special taxes or assessment levied for the work contracted, and that no liability shall attach to the City by reason of entering into any such contract, except to the payment to such contractor or contractors of the moneys received by the City on the special taxes or assessments levied or assessed for the improvement mentioned in such contract. Any no contract for work to be paid for as aforesaid, shall be let to any contractor who will not so agree." 5. That Title 8, Chapter 2, Section 12 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "8-2-12: Payments to Contractors: When any contract shall have been completed, and on the filing in the office of the City Clerk of the certificate of the City Engineer or other officer under whose super- vision the work was done, stating that he has inspected said work, and that it is done according to the contract and specifications, the Mayor and Clerk may issue their warrants on the Treasurer for the amount due such contractor or con- tractors; and they may, when so stipulated in the contract, or with the consent of the Council, from time to time during the prosecution of the work (upon the filing of the certificate -2- of the proper officer, stating that he has examined and computed or measured such work, and that he believes that there is enough done to cover the estimate, and that it is done in accordance with the contract), advance to the contractor and draw their warrant upon the Treasurer for such advance, reserving, in all cases, at least five percent (5%) of the estimate or contract price, to be paid when the contract is completed." 6. That the remainder of Title 8, Chapter 2, Public Works, Contracts and Contractors, of the Canton Municipal Code remain in full force and effect. 7. That this Ordinance shall be in full force and effect upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois and APPROVED by the Mayor thereof this '] th day of~FgRupR~/ 1981. ... APPROVED: -~,~~ ~ ,MAYOR ARLAN E. CROUCH ATTEST: G1--tip.-(;-~ t.<.~ CITY CLERK NANCY .WHITES -3-