08/01/1923 Board of Public Works Minutes

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and to perform all work in the prosecution of said improvement under and according tie the terns and caai,. dit3ons of Improvement Resolution N(5..._12Q4_____ _____, adopted by the Board of Public VE/erks..May l5th. ,1923. and the plans, profile and specifications on file i i tl,e-office of Eke Depariment•of Public Works. wbith WiP resolution, plans, full and specifications are made a part hereof as fully and effectually a8 %f cool.®d and set out herein at "£ull length The contractor further expressly covenants a^d agrzPs that in the rosecution of said work alit proper skill at d care . ;,1 be exercised: th••t he �� r ' all excavations and dangerous places, and ,r,111 use all due and p- 7Pr'pr22-Titio i t, )rl— erSo'-i or !tt .. aj� injury or damn-,�+-•<-a *- ,4,,, - - p l� „ -y , that in the event rf„f Y j y ,e resi..i .b from t a yr r , - fr-)n a•-V •mitt d therewit1 or arising therefrom, to any pers^-i or property, k _ t er or thing ona.,rew p. p._ � -^ 1 -1V a, �;� +C�`�te t1.'?e Sr^.+T2$ a* b?S Otyn expett3e, and a5^ sume the liability therefor; and in the event of -triv a:rl or cla..iris being made or any action or actionsbeinbrought against the city by reason or on 2.ccouat of or growing out of id work. or' ts construction, the sail Contractor will at his own expense defend the same, and -,will 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 f Within ten days after any such action is begun, the city shall notify the contractor of the penciencv thereof, then any judgment rendered against the city shall be conclusive against the contractor and against,the surety on his construction bond, as to th� amount, liability and other matters pertaining thereto. nY# the Cop Cr C;UY F; rEP.3 -,f Yiial ain Sa1ii iirl rovlkrl eut a=., i.ia� e SU I7 repairs as may ie TlbfESh�i e.rigd find in ties inanner as fixed by, the sneeificatiens, and to $cc a the niainte:tattc@ St:d r si Cher tt With tft@ Board of Public Works a bond with sufficient suret thereon attei in aft a►m�unt'as fixe the, � PMfications, ,end in doing such repair work the contractor and the surety on his guarantee bond shnifbe S M09t to the some liability to the city and any other person for any Injury or damage to any person or prop- Rtl in the sane Inaiiaer and to the same extent as is fixed in the last recediza atrl�eflon work. A g �sa►ra raph coveringthe-.Con. And It Is further agreed by and between said nartacs:that the acceptanee.caf the wnrk provided for In tltfs eotltra.ct, or the -payment thereof, shall not constitute a waiver on tiae part of the city of any of the povil- Ions of this contract, nor shall it release said contractor or the sureties on his 'bond for the f llfhNl perform. RUCO thereof; not shall the acceptance b-e prima facie evidence of the performance of any provlglen of tilis eontracr' exeegt to the extent of entitling the contractor to the contract price. therefor, The Contractor agrees to pay for all labor and materials. used or furnished to be used In tlli' making of Such impreventent and in the performance of this contract, whether done or furnished for hi , or his.agp t, asaigitee, successor or subcontractor, and the city may reserve out of any allowance made on any astithata in favor of ,the contractor or 14* assigns, or out of the amount due' him or his assigns upon the ectuplation Of the work, so xnucp as ma,, cessary to pay all laborers or material men for anec�urits due thal� fot± work done or materials used �r urnished to be used in the performance Of this atrttttact and the doing e$ aald wort., and the county trcasurer, acting as city .Treasurer m � retaiii Owner% assessed for said improvement to pay such debts or "til tfie cont actrtt' � a t�� they ��40JIf--ted from phe paid sir satisfied . I .e co.;L a agrees to remo� z� all rub')isn. earth. and unused material in the street&,br sides th#?*A. upon the completion -of the improvement or the relsairing thereof. The work of making such• improvement shall be completed according to the t;m. s of this contract oft er befere the .... Y--•---- ------ ----------- dav of ------------------•-- 19 unless the time for the completion of the sane shall be ex*endecl in writing by the Board of Public Works, And it is agreed that any such extension of time, or any alteration of this contract or of themanner or rneth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure - It It is agreed t4at the contractor shall not assign this c R tract: or sub -let the work. or any part thereof to be done hereunder, withot,t the writ`en co:,s , t of the Board of P�I:hlic Works. It is further Agreed and stiptila-ed th�tt -Iwo contractorshall give to residents of said city and county preference in the _aemploymr:nt of all- labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the stun of ten dollars for each failure: to observe this stipulation. And upon the performance of ail the terms and conditions of this contract. and things to be done and erfornied by said contractor the said city ;spits, agrees to cause the cost of doiri'g such work to be assessed, -col-• ected and paid to Said contractor in the manner fixed by m, the statute goyerning the making of such improve, To each of tht conditions and stipulations of this contract, including all and singular the provisions and terzys of the glans, profile, specifiGa.tions and resolution aforesaid, 'the undi�fsigned binds himself or itself, and the VW-pective, successor or assiz s of such rart-.Pc: In Testimony Whereof, We, the foregoing named Parties, hereunto set, our hands this lst, day of August 1923'. CITY OF SOUTH BEND, INDIANA. HARPY N BARNES L. B .- SLAUGHTER L. P. HARDY Contractor, -- ALBERT F.--HONER Its Beard of Public Works. CONSTRUCTION BOND Maw w ru m= by dic a pres=nts. That we-_._ I . of the County of, .S St. Jo se Ph State of Indiana pal, and _...Li led Sta1 e_g Fidelity & Guarantee CgmPanZ of the County-- 3fimre and State of _ MAryl a , d .........., as sureties, are held and firmly bound to the City of South Bend, Indiana,., in the sum of nt.a - f hatl sAnd - -IT' nA tif .Dollars �-, for the payment of which, well and truly to be made, we jointly and severally bind ourselvas, n' hC1r,%y (xeeutors, adminstrators and assigns, firmly - t&ese presents. The conditions of the obligation are such that if the above named $R�YiG& ------------------------snail faithfully comply with the foregoing contract, made and entered into the_ .-_.,._--1s1—----------- - ------ da of---_.-_---__,-- �tt�llsl, 1 2 . 19._...,1 with the City of South B r-c.. Indiana and shall fulfill aWthe conditions and stipulations therein. contained, according to the true intent a ing th=reof, in all respects, then this obligation to be void, otherwise to be and remaix in full -force anc rS:111 in 'law. in the eve-- the said City shall extend the time for the completion of said work, such extensic_; ;'„a'u _I not in any way release the sureties on this bond. This shall be a construction bona, .tza the sureties on the same shall not be held responsible for the maintenance .and repair of the improvement after it h' s been accepted by the second party, but such sureties shall be held responsible for the faithful compli t.t, -e ,41- all other conditions, stipulations and requirements covered by or set out in the contract.