05/01/1923 Board of Public Works Minutes

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PUBLIC IMPROVEMENT CONTRACT This�rcemeht, Made and catered into this 25th. ,of April 1923 bar and between, tie d McGil'llou"y of the County of Porter and State of Indiana RareiAarter referred to as the 0 Contractor"), and the City of South Bend, I. 'ti the County of St. Joseph, and State of Indiana., by and through its soar& of Public Works, (hereinafter, referred to. as the * City")9..atn d under and by�Vtrtue of an Act of the General Assembly of the State of ibdI4a4 emtitled * -An44 CoftserAIag Mubie pal Co rat ona," approeod Mor*h 6#1905, and all smendatlakr* and supplemental acts theretel- x pitaessethl, that the contractor covets and agrees to eonstruot pipe sewer on Witerala Street frm Lawndale Avenue 'to futoome Avenue from Lasaftle Avenue to Saa* mo Avenue, -in the City of .Bow . Bend, Iddiapa at and, for the fol wing prisess- 3Q Its, feet or -12 inch sewer per -lin. ft. ..S2.60 102 Ila. feet of 8 mach sewer per, lin ft o o v .80 84 life, rest or 6 .inch sewer::per tin rt..... 1.20 12 lin. feet of manholes per lin ft....... ev. 8.00 4 storm water grates, each • . s . .. • . r....10..�i0 • aumhdle curb and cover, eseh.....,.......,..18•�JO -lid -to perform all work in the Okosecution of Astd Imptovementander anti according• to the terms and cone ditions of Improvement Resolution 13ck ll Q adcWted Jjy the Board of Public WorkL.&rI 4,.192 and the•.Mans, profile and.specx''hcahons on file-m tite affce of the Department of Public Works, which Asa resolute n, putts, profile' acid specifications `fie made a partlere4 as fully and effectually as if copied and set out ltetein`at full.lengtf}. . e6 contractor further expressly covenants irfd agrees lbat in fhe prosecution at -said work all proper skill at d care ',ill beexeretsed; that he 7:11 Properly - gr -I all excavations and dangerous place, and l use "ate due 6d proper precaution to prevent inp+i -y *o ry person ar p-c rty; -fhat in *he event any ityuf..'a, or am2.ge-testi ting from the wow'_ or resliitir; from a-y r"'tter or thin- p connected therewitf► or art sing therefrom, ,z ,ainy persrirt or property, he v-�11 r�av ate i li �.idafy the same at Kis own expense, and as - same the liability therefor s and in the. event of. any clam or claims being made or any. action or actions bnivg bro:tght against the city. by reaso4 or on account of or growing out of s-:d worse or r"ts construction., the I contractor will at his o*n expense defend the same, and will pay any judgment recovered therein, and w111 in all respects -fully indeinni€y aincl_save >barmless said city. its officers, agents orrepresentativesfrom all cost, expense, pa meet or judgment recovered in connection with Such claim or r'laims, action Dr actions. An-i f within ten Iays after any such action is begun, the city shah notify the contractor of the pendency ther A, then any judgment rendered against the city shbJ1 be conclusive against the contractor -And against the surety on his Construction ficrid,. tas to th- amount, liability acid other matters pertaining thereta: Anci the cor,rractor agrees to maize ain said improvcr:ent a:.o iaal;e such repa*rs as may be necessary . Lhe period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereoi to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by ;he specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the saine liability to the city and any other person for any injury or damage to any pers(m or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-. struction work. ' Ar,d it is further agr6cd by and between -said �-ar-C,2s tt- t the acceptance of the work provided for in this contra et, or the payment thereof,. shall net co,.ststute a -%Yaiver on the part of the city of any of the provis- iet`is t)f this contract, nor shall it release said c--narr_ctor or the sureties on his bond for the faithful perform- aiice tbf reof ; nor shall the acceptance Ile prima facie evidence of the performance of any provision .of this contract, except to the extent of entitling the contractor to the contract price therefor. .The contractor agrees to pay for all labor and inattrials used or furnished to be used in the making -of such improvement and in the performance of this con�ract, whether done or furnished for him, or his agent,, aseignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or t-:-- assigns, or out of the an,omit &,c hit_: or his assigns. upon the completion of the i}fors., so m_ucf as ma_ cessary to pay all laborers or r;,aurlai men for- a"mounts due them for work done or materials use -a or �_urnished to be use;.' ill t;_C pertcr:s .:ce of this contract and the doing of skid won.:, ar:d the cOunty tr�a6urer, acting as city areas:+rt , n:ay retain money Coll_;ed from property ®wt�crs acecee-ci {or &ales improvement to pay such debts or u. i%1 tl_E ce:_tr4ciur s:sows that they have been „sjd ar R:ttisfiM _ -. ::) ;e1;iV _ a't r "'-'sh. earth, and unt.sed material in the streets st,•. Buses therWA upon the completion of the improvein-at or the repairing thereof. The work of making such improvement shall be completed according to the terns of this contract: en,ar before the ------ --- -- - - - -- -- - —,�dav c£ -- 19;....... .� unless. the time for the completion of the sar-e shall be ex*er:ded in w,-4ti-g by the Board of Public Works. And it is agreed that any such extension of time- or any alterr:'ion of th;s contract or of the manner or rneth_ od of doing such work shallin no way affect the duties, obligations or liabilities of the contractor or -his aut�- ties. It is agreed that the contractor shall not assign this <<>> �_raet, or sub -let the work or any part thereof to be done hereunder, without the written cons mt of the Board of P;:hlic Works, .It is further agreed and stipulated contractor shall are to residents of said city and cov,zty preference' in the employment of all labor necessary in the performance of this gontract, and failing to dry �u, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be done slid performed by said contractor the Said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor is the manner fixed by the statute governing the making of such improve. n- ents. To each of the Conditions and stipulations of tlrs contract, including all and singular the provisions and tents of the plans, profile, specifications and resolution aforesaid, tho un&cnigned Ends himself or itself, and the raipective successor or assign., of such parties. Ia featimoay-llhereal, 8e, the foregoing named parties, hereuni set OUr hands tbl* 25 day of ARRI 1923. CITY OF SOUTH BEND, INDIANA. GERALD MCGILLI CUDDY BY L. 8t. SLAUGHTER Contraetorse 1►,1 .P F. $��tDY ALBEIT RCpIM Its Bosrd of Public Vot,.