07/03/1923 Board of Public Works Minutes

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Public Improvement Contract 1s. Made and entered into this... p — yL-_--_ - ; •• ...:...:, 18...... , 'by and between , South Bend Apartment Building Corp, of Zile ` aunty..... .7a. �� +sue . � Wib1-17t�:.te s + r ��. I �� Y /W►ii, �;f i f f' f 1 lit t s i S ": ifY%�j (hereinafter referred to as the ' Contractor" ), and the City of South Dond3 1# the County of St. Joseph, and -State of Indiana, by and throe its Board of PAU@ Works (hereinafter referred to as the City") , under and by; Virtue of an At of the General Assembly of the State of Indiana, entitled f �An 8t@f �ot= pal Corporations, " approved March 6, 1906, and all ondat®ry 424 acts thereto; . Witnesseth, that the contractor covenants and agrees to construct grade, curia and mlk on California Avenue from Lawndaie Avenue to Sancome Ave., in the City of South Bend, Indiana at and for the foilwng prices:- - 678 lin. ft. of curbing OX 7 X 16 per lin ft.... #**@**o**$e39 3165 sq. ft. of cement walk per sq. ft.....,,............. .17 289 cu. yds. of grading per cu. yd........................ .40 w u to periorrn all work in the prosecution of said improvement under and according t© the terrss, ami can- ,ditions of improvement Resoliftion No. ..... -1.144......... adopted'b_v the'Board of Public Works.....A X1 4-th•1923. and the plans, profile and specifications on file 1-i the offie* of the Department of Public Works, which sa if resolution, M�ans, profile and specifications are made a part hereof as fully and effectually as if copied anti set out herein at full length. " `l ,e contractor further expressly covenants and agrees that in the prosecution of said work all proper skill as d care --ill be exercised; that he %i11 proper".., - °^ 2. p -ot-ct all excavations and dangerous places, and wilt use all due ard.proper precaution to preventpr2vent in.ju.,-y fo sry person or •Frc.';'rty. ; that in the event t?f, .any injury or damage resulting from the woe:. or rP=-,?i*.i-g fron= a :v muter or thrng cOnr_�ctAd theretivi'%. Or arising therefrom, to any person or property, he ill pay PrA. lict id -ate the same at his own expense, and as- sume the liability there -for; -and in the event of any clairi or claims being made orany action or actions beirg brought against the city, by reason or on account of or grab=ing out of _ id work. or its construction. ,h said contractor` will a,t his own expense defend the same, and v✓iil pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, it§ officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action: or actions. And 'f within ten days after any such action is begun, the city shall notify the contractor of the. penviency ther of, ilim any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to thv amount, liability and other matters pertaining thereto. P nd the contractor agrees to maintain said improvement and make such repairs as may be necessary the period and in the manner as fixed by the specifications, and to,secure the wainterlauc end r@fair th€Teut to file with the Board of Public Works a bond with sufficient surety thereon and in an aulount as fAx®d by the specifications. And in doing such repair_ work the contractor and the surety on his, guarantee bond shall be subject to the same 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. And it is further agreed by and between said parties that the acceptance of the work provided for in dais contract, or the payment thereof, shall not constitute a waiver or. the part of the city of any of the provis- ions of this contract, nor shall it release said contractor cr the sureties on his bond for the faithful perform- ance thereof; nor shall the acceptance be prima facie evitlence of the.perforulance of a.ny_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 materials used or furnished to be used in the making of such improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and -the city may reserve out of any allowance made on any estimate in favor of the contractor or h;�z assigns, or out of the aniount due him or his assigns upon the completion of the work, so much as ma-cessary to pay all laborers or snaterias seen fcr amounts due them for work done or materials used` -or furnished to be usedin the performance of this contract and the doing of said work, and the county treasurer, acting as city treasurer,.may retain shone;; cvl'se=ted from property owners assessed for said improvement to pay such debts or until the contractor Shows that they have beet, paid or Satisfied =i.. e co;n_a or agrees to remo--zt all rub'oish, earth.. and"unused material in the streets or soles tlrcrcot upon the completion -of the improvement or the repairing thereof. The work of making such improvement shall be completed according to the terrns of this contract on or ----day of .................. _ before the ----....-•-------------r---- :........ _-.------._.__---- ----------- __ ......._..--•---... ...................... 19...... unless 'the time for the completion of the same shall be extended in wrriti~v by. the -Board of Public Works. And it is agreed that any such extension of time. or any alteration of this contractor of the manner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties. It is agreed that the contractor shall not assign this r *ract. or sub -let the work or any part thereof to be done hereunder, without the written cons.�nt of the Board of Pz::blic Works. It is further agreed and stipulated that tie contractor shall give to residents of said city and county preference in the employment of all 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, and things to be done and 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 in the manner fixed by the statute governing the making of such improve- Inents. To each of the conditions and stipulations of this contract, including all and singular the provisions and terias of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself, and the reEpective successor or assigns of such. parties. in Testimony thereof, We, the foregoing named parties, hereunto set our hands this 2nd, day of July 1923. CITY OF SOUTH BEND, INDIANA SOUTH BEND ApARTPQENT BUILDING BY L. B. SLAUGHTER CORP. L. P. HARDY BY FRANK J. JC.A& Treas., ALBERT F. HONER Contractor. Its Board .of Public Works.