06/05/1923 Board of Public Works Minutes

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Tuesday June 5th., 1923. Continued. PUBLIC IMPROVEMENT CONTRACT. Y This agreement , Made and entered into this3lst,, day of May 19230 by and between Highways Improvement Company:orthe County of St. Joseph an State of Indiana (hereinafter referred to as the " Contractor") , and the City of South Bead, in the County of St. Josaph,_and State of Indiana, by and through its Board of Public Works 3DfXt aa' (hereinafter refired to as' the -" City"), under and by virtue of an. Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Muni- cipal Corporations, " approved March 6,1905, and all amendatory and supplemental acts thereto:- Witnesseth, that the contractor covenants and agrees to construct, Grade, curb and walk on Beverly -Hollywood -Berkley- Inglowood-Parkview from Woodlawn Blvd. to Oakwood, Blvd. Woodlawn Blvd. Oakwood Blvd. from Portage to Riverside Blvd. from Kessler - Blvd. from Woodlawn Add. to Woodlawn Blvd. in the City of South Ben, Indiana at and for the following prices:- 97,504 sq. ft. of cement walk per sq. Ft........... , . 161 28,647 cu. yds. of grading per cu. yd.................. 7,190 cu, yds. of fill per cu. yd. no bid. 4iw to' per orra all wore is i'Ac prosecution of said improvement under axed accord4 to theterras and oa. ditions'of Improvement Res4+-,on tan.._... 06.-..._... adopted by the Board of Public Works..MBJt,... b r :1923. and the plans, profile a.!A 'specifr asinns on file T'n the office of the Department of Public Works, tw.hich said resolution, plans', pfof;le atid specifications are made a part Vereof as fully and effectually as if copied and set out hetttn at full length. 'rile contractor further expressly covenants and agrees that in the prosecution of said work all proper shill and care 41,1 be exercised; th"t he ;`l rro!)e- ' _. - l F o` . t all excavations a:na dangerous places, and ,vill use 9.11 dije and proper precaation tc pier t injury +o ry person or p:-c-:.!rty;Ahat *t the event qJ any injury or damage resulting from the wo. - or resnI*.irtg from a-�v -m-itt.er or thing connected therewi6 or arising therefrom, to any person or property, he t Il ray ar'A lie .idate the` saftle a.t:his own expense, and as- sume the liability therefor; and in the event of any ctairn or claims being made or any action or actions being brought against the city by reason or on account of or growing out of s -id work or its construction, the sam contractor will at his own expense defend the same, and v;ill pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from all .cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor "of the pendeimcy thereof, thin any judgment vendered against the city shall be conclusive against the contractor and against the surety On his eonstr►iction bond, as to th- amomit, liability and other matters pertaining thereto. 1 ...y t.'�•bSI:.: (t .y`�F..i- ._ ...-. L. -.... .. :^ . tlr S-C1.:i A. lbe Fe6odall A In the mannet as fixed by ffie g��[:`te�:.i�l2C= gills tG S:t..M `,4e, 111CiYlai�`a`3 alz* aua to r tm1 'r to with etc Board 6 tiblic WoriCs a bond r 1th sufficient surety *-fl�re,®u and in'an amount ai d by *,-,he Specifications, And in doing such repair work the contractor and the surety on his prda autee bond :#hail be 1lubject to the F+atne liability to the city and any other per -son for any injury ordamao to any peraon or Wpk et'fy In the same spanner -and to the same extent as is. fixed in the last preceding paragraph eovering the t struction work. And it is further agieed-by and between said cart' -.es that the acceptance. of the work provided for In th k, ;contract, or the payment thereof, shalt not constitute a 'waiver dr. the~ part of the city of any of the, Vrwk& ., fails of this contract, nor shall it release said contractor or the sureties on his `bond f6r the faithful pirforraL urece thereof ; nor -shall the acceptance be prima facie evidence of the performn.ance of any provision of this r1€itttrset, except to the extent of entitling the contractor to the contract price therefor. , The contractor agrees to pay for all labor and materials used or furnished to be used In the making of Buch ituprovenient..and in the performance of this contract, whether done or furnished for him,:*r his A o� at�sigmtee, successor'%r subcontractor; and the city may reserve out of any allowafice trade. on any estifttd In favor of the contractor or l,.c assigns, or out of the amount due him or his assigns upoti the Com O of the work, so much as mad -cessary to pay all laborers or materiae seen for itmouuts due theul brh done or materials. Used or furnished to,be- used in the performance of this contract, and4ho doing mid wok, -and the county treasurer, acting as city treasurer, inaq retain money eolle:ted from property ownere assessed for said imprevenitnt to pay such debts or w.til the contractor Owwr that they hi-4bies ,paid or satisfied eartil,, and um_�sed material in the streets or sides tlici(x upo i the corr-plenkon of the iri_proyem gat or the repairing thereof. - The work of -making such improvement shall be completed according to the ferns of this contract our •err . lore the---- ------------------------------------- -----day cif--=------------- 19........,. At less the time for the completion of the sane siiatl be extended in wf '-g by the oar d of Public Works, ks.d it is agreed that any such extension of time, or ary attera`ion of th;s contract o of the manner or meth,. �d of doing such work shall in .no way affect the duties, obligations or liabilities of t e contractor or his sure' ties: It is agreed -that the contractor shall not assign this c71 _ract. or sub -let the wo or any part thereof to he done hereunder, withort 'the written consent of the Board of'Ptbl;c Works. m It is further agreed and stipula+_ed that 042 contractor shall give to residents Hof said city and county prefefence in the emptoym?nt of ail labor necessary in the performance of this contract, and failing to do so, 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. an�t things to be done and . performed by said coatrActor the said city agrees to cause the cost of doing such *ork to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improve' - 9:o each of the Conditions and stipulations of this contract, including all and singular -the provisions and terr:is-of the plans, profile, specifiYatior_s and resolution.afpresaidthe L:n�exSig:;e3 big;ds himself or itself, artdA.ho-Wpective success©r-or assigns of such-,areea. In. Testimony Whereof, We, the Foregoing named parties, hereunto set our Lands this,31st. &y of May 1923. CITY OF SOUTH BEND, INDIANA HIGHWC'MP_RROVEMENT BY L. B. SLAUGHTER 'BY M.. T. CALEF-, Pros. L. P. HARDY Contractors. ALERT F. HONER Its oard 01 -Pu61ic Works.