HomeMy WebLinkAboutOrdinance No. 205? I
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ORDINAHCZ go. 1- d 5r
An ordinance providing for the receiving of bids and
the letting of a contract for the construction of-
improve-ments in the Special Improvement District No. 45.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LAUREL:
Section 1. That at eight ofolock P.N. on Tuesday, the
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/f(th day of May, the City Council of the City of Laur-11 will
receive sealed bide for the construction of improvements
in MW Special Improvem,at District No. 45 according to the
plans and speeificat_ons thareof, on file in the office of
the City Clerk and City Engineer of the City of Laura-l.
Montana. The said improvements to consist at principally
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the laying, construction, installation and completion of a
storm eater main in and Along iris Main Street in said City
of Laurel, extendint from the intersection of said Main
Street with 5th Avenue in said City to the East line of
Section nine, Township-two Scuth, Runge t*,-nty four East
M.P.M. witnin the said City, including ,,he excavation of a
trenot approximately Five Thousand Ninety-four lineal faet
long, - thre4ftfide and four feet deep and the furnishing and
laying of approximately One Thousand Mine Hundred TIzA.rty-
fo$tr lineal feet of twenty in,:h vitrified sewer ripe and
Three Thousand One Htttidred Siyt,r lineal feet of twanty-
four inch vitrified sawer -iipe and fifteen catch basins
tcget'tter with such other accessories and improvements as
may be necessary for the proper ccmpletion and prover
operation of the improvem--nts to be made as aforesaid.
Section 2. That the Oity C<,unci.l shall and does re-
serve the right to:t§Jact any or all i0ids.
Section 5. That the City Clerk is hereby authorized
and directed to publish notice inviting sealed bids and
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stating the time when p1aee where stch bids will be
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received by the City Council, said notice to be published in
the Laurel Outlook, a weekly newspaper ;published and circul-
ated in the City of Laurel, in th; full and ragular issue
thereof, published on thel-14and 0th days of Apyil? A.D. 1920.
Section 4. If the owners of three--fourths of t l-e front-
age of the lots and lands within the said district, liable
to be assessed fail to elect to.. take such Bork and enter into
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a written contract to do the whole at a price ¦ at least 5%
less than the trice at which the same will be axarded whi#thin
j? three da a the awarding of the coWtTact to the successful
bidder as provided in Charter 84 of the Session Laws of
Xontana,1u13,nal1 acts amendatory t Y=areof, 'Fie succ?,ssful
j? bidder shall immediately make and. 3aecute with the City of
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Laurel, a contract in duplicate and in accordance with the
provisions of tiis nvdinanoe and all other ordinances, notices
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and resolutions conc.rning 6aid district. T!e contract on the
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part of the City of Lsurel shall be execut .d in the name of
the City of Laurel by its Mayor and attested by bts Clerk
hat upon the execution of said contract for the installation
and construction Of said improvements, the said contractor
or contracting owners shall give to the City of Laurel, a
good and sufficient bond in the sum of 25% of the amount of
the contract to be approved by the City Council and conditiorA,
ed to the effect that such contractor or contracting own3re
*hall well and try: perform all the, terms and provisions
of the said contract and shall save harmless the said. City of
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Laurel from all negligence or willful acts of the said
contractor or contractors, his or their ag==nts, servants,
represdntatives, employees or sub-ccntractors in performing
the tarms and conditions of the said contract ands aking
said improvements.
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Section 5. The ars• M of said bonds shall be
as follows:
That said contractor shall *P-11 and truly perform his
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part of said contract and each and every covenanttherein
comtakned;- and shall indemnify are, save harmless the City of
Laur--l from any and all damages ghidh it may sustain by
r;:ason of hlM-failure to fully perform t ti :terms and conditions
of said contract or to make said improvements;. and shall in-
damnify and save harmless the City of Laurel from any and all
damages whi Th it may sustain by r.ason of liens for labor
and material furnished for said work or by r3wson of the
failure of said contractor or cc-ntracting owners to pay the
wages or earnings of any laborer or laborers, mechalic or
mechanics employed by him or them as such contractor or
contractors in or about the Mork;; or by reason of his fail-
ure to pay for any materials Provided, or goods of any kind
furnished; or by reason of any just dettes incurred in carry-
ing on "he said work; that t e said contractor or contracting
owners shall ray to the City of Laurel all sums of money,
damages, costs and exrenses which it may be compelled to
pay or which it may sustain by reason of his or their fail-
ure ae aforesaid;, and that the contractor shall ray all
laborers, mechanics and material m9n %# persons who have
supplied goods or material 61 any kind or all just debts
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due Bch persons Ato m orn any part of such ??ierk may be given;;
and shall indemnify and gave harmless the City of Laurel for
all acts or any injury or danftge sustained to any person or
persons by, or from the act or acts of said contractor or
contracting owners, their agents, servants or employees in
doi g the W03; herein specs ied or by or in consequence of
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t e r ne ge cv n guarding the same,,?then this obligation
td; be void, otherwise it shall by in full force. and effect.
Section F. That each .of said bids shell be accompanied
byy a non-conditional certified check made -ayable to the City
of Laurel, in the sum of not lese t han 10% of the amount of
the bid, drawn on some reliable bank located within the City
of Laurel;; if such bid is aec pted and th,y bidder complies
with-the terms of this ordinance in making and executing and
delivering to the City of Laurel said bond and the making and
esucutin of said contract as hWrein provided, the said check
shall without delay be :returned to the said bidder, ctherwise
said check shall be forfeited to the City of Laurel. The
checks of the bidders other than the successful bidder shall
be returned after the contract has been awarded.
Section 7. All payments for the conbtruction of said
i*'provements shall be made in Spdoial Improvement District
bonds dram on the funds of said Bp: adial Improvement District
No. 45 on the estimate of the City Engineer, approved by the
City Council imr.ediately aft ar the second regulat meeting of
the City Council each month; provided, however, that before
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the said bonds are delivered, the contractor must furnish
a statement,to be approved by the City Council, for all
material used and all labor performed in the installat' on and
completion of said improvements and the aprurtenances t''7ere-
to belonging and rece'_I`ts showing t aymr.-nt in full. 10% of all
estimates shall by res:?rved until the final completion U said
improvements and then e Y eltance ? the City Ccuncil? after
which a full skadwmiM? ^ gill be madd in the manner herainbefofe
provided;; that the contractor shall receive such SFecial
Improvement ftntrSo& bonds in payment of said improvem.:nts
at their full face value and he or all owners or holders of
said Sp_-cial Improvement District bonds shall rely for ray-
meat -exclusively on the funds on whichsaid bonds are drawn.
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Section S, That the City Engineer shall include in the
final estimate such sums as he shall estimate are necessary
to cover the actual cost of engineering, inspection, print.
Ingo legal e)(penses and preparation of assessment rolls and
other incidental exrenses chargeable against the said
district. The contractor before receiving such soma payable
in Special Imprcvement District bonds shall ray to the City
Treadurer in cash, the amount so included, and shall re-
ceive Special ImprovemUnt District bonds for the amount so
paid.
Sect].on 9. That upon the completion of the conditions
provided for in said contract and the full completion of all
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such improvements and before the final paym:nt as herein-
before provided, the contractor shall furnish to the City
Council of Laurel a maintenance bond in the sum of One
Thousand (1000.) 31011are providing for the maintenance of
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improvements within the said district for the period of one
year after the data of execution of said bond and providing
that. the said contractor will save the City cf Laurel harm-
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less from any costs or exrenses on account or because of
any repairs or improvements or faulty work for -?:e reriod of
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one year.
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Section 10, That the contractor or contractors shall
pay into and deposit with the Industrial Accident Fund at
Helena, Montana, an amount equaling :got less than one (1%)
per cent of the total amount to baeome due uadex his or
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their contract as a guaranty for the r&yment of the premium
ii assessm,.nts necessary to be paid by such contractor under
ii the laws of the State of Montanao and particularly under the
provisions of the Workman's Comgensat'-on Act, Chapter 96 of
the 1916 Session Laws and all Acts am;Vndatory thereof, and
shall deposit with the City Clerk a receipt showing such
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deposit in **.d Industrial Accident Fund before he shall
receivd the rahment of such bonds or warrants due on the
final estimate.
Seotion 11. That all ordinances or parts o/
ordinances in conflict with or inconsiett-nt with this
ordinance are hereby repealed.
Passed thislOth day of April A.D. 1920 and approved
by the Mayor thisWth day of April A.D. 1920.
Attestedw
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Deputy City Cld.rk,
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Aprxoved:• ,
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Mayor.