09/12/1922 Board of Public Works Minutes

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Wednesda-v September 12th., 1922. Continued. , aiia to perform all work in the proseeijtion of said improvement tinder and according to the terms aaad cra- ditions of Irnproverxr.ent Resof<.stion i*"•o- _--��9___, adapted by the Board of Public Works—Zuly— 14h.1922. ar3:d the plans, profile anal specifications on file in the office of the Depal tment of Public Works, which said resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied acid set out herein at full length.` Tht contractor further expressiv covenants and agrees that in the prosecution of saki «cork all t�r,. 011 c skill and care ,--ill be exercis-2d • th,t he ......1 r--on -- 3 ! all excavations anti dangerous la, , 1 P and :/M use all. due and proper pr2ci-ution to Dr' ...+ i J11ry'+,) ry person or p_r,, -tv; in }. eV :it any injury or damage resulting frcm the -w-' or r?S'7.1*fr^Tli `-v " ,++='r or t1lin- arising therefrom, to any person or property, h� 11 nay ar ltr _icl to the s,—ne at his or *n sume the liability therefor; and in the event of any cla r°i or claims being m de or any ac' bn era +?ons h brought against the city by reason or on .accou.it of or gro-rving out of s- • ?rs; or its con tril.c-ion, s contractor will at his own expense defend the same, and i-,ill pay any judgment recovered *herein, anO 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 claim,,,, action or actions. A I f within ten days after any such action is begun, the city shall notify the contractor of the pen---_cv thtr f, then any judgment rzaaLi reci against the city shall be conclusive again st the contractor and against the , ort,f- eat his,coustructioti boiid, as to tb , zmou-nt, liability and other matters pertaining thereto. P.na the contractor agrees to r:aiA Lain said in;prcvcment ar:d nraie such repairs as may be necessary the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file with the Board of Public Works a bond Faith sufficient surety thereon and in an amount as fixed by the specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the sarr.e liability to the city and any other person for any injury, or damage to any perss.,n or prop- erty in the same manner and to the sarrfe extent as is fixed in the last preceding paragraph covering the con- struction work. And `it is further agreed by and Between said p-arti42s that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute ,a waiver on the part of the city of any of the provis- ilous of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform- ance thereof; nor shall the acceptance be 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 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 rude on any estimate in favor of the contractor or 1`assigns, or out of the amount due him or his assigns upon the completion of the work,°so much as ma- cessary to pay all laborers or rnateriai men for amounts due them for work done or materials used or furnished to be used in the performance of this contract and the doing of said work, and the county treasurer, acting as city treasurer, may retain money Collected from property owners assessed for said improvement to pay such debts or until the contractor shows that they ha+ye beef' paid pr satisfied c The con tm,ctor agrees to remo--e all rubbish, earth, and unused material in the streets of bidel thersO triton the completion of the,improvemcn.t or the repairing thereof. The work of making such iraprove-rnent shall be completed according to the terms of this contract on or beforethe -------------------- --------.-......------.---..--- ..__.. day of------ .......... _----- ___ ................. ....................... __........ 19.........I unless the time for the completion of the sar-e shall be e--tended in writi.?g by the Board of Public Works. ,And it is agreed that any such extension of tip se, or any alteration of this contract or of the manner or meth- od of doing such work shall in no way affect the futies, obligations or liabilities of the contractor or his sure- ties. S It is agreed that the contractor shall not ^ssign this jw -tact. or sub -let the work or any part thereof to be done h.erennder, withc?H the cons-nt of the 6.-rd of P.lblic Works. Iris further agreed and stipulated that `'-z? contractor shall give to residents of said city and county preference in the emplovmr;nt of ail labor necessary in the performance of this contract, and failing to dv) so, shall forfeit to the city the sum of ten dollars for each failure to`observe this stipulation. And upon the perf.ormanct of all the terr-is and conditions of this contract, and things to be done and perfori .ed by said contractor the said city agrees -to cause the cost of doing such work to be assessed, col- lected ani paid to said contractor in the manner fixed by the statute governing the making of such improve - To each of the Fonditions and stipulations of this contract, including all and singular the. provisions and terrT:s of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself. and tie r:-.; ective successor or ass1.p_n_s of such parties. In Testimony Plhereof, We, the foregoing named partites, hereunto set our hands this 8th, day of September 1922. `7ILLISTON CONSTRUCTION COMPANY CITY OF SOUTH BEND, INDIANA. BY E. A. COATES, BY. L. B. SLAUGHTER Coni.rare or;nt. ALBFRT F. HONER. Its Board of Public Yorks . Cv 'g•^ CF s l'l ECND owV r,... c vrc - _ t& That we ------ _---- ---- The_-- WillilatQ?...CoXis:ruction Company r of the County of St . J O Seph State of Inc i a►na - , �' f> °, -1 _--__-______________________________ ___-__-_-_--_____y p,al, nand of ti.e Coi;.:rty of_ and State of .......... o9..x Ark ............................,....<„ as sureties, are held and firmly bound to the City of South Bend, .Indiana, in the'st.rn of....T.wA.... Lhouzzjw Seven------------------------.I�o11.r3 0 ------------------------------------------------------------------,-------. . for the payment.of which, well and truly to be made, we jointly and severally bind wirselvcs, our d �, executors, adminstrators and assigns, firmly by these. presents. The conditions of the obligation are such that if the above ---1<_ill-ig 1,_QZ).__C-om i+z`u c t i on C4111&M ith Tully comply with the .foregoing car tact, made and enter A into the ---------- ------------------------ $V31 ---- day o#--- _- p. with the City of South Ber_d, indian? and shall fulfill alPthe conditions and' stipulations therein contaititd. according to the true intent a- d mea.�ing th-.eof, in all respects, then this obligation to be void; othorwiel to be and remain in full force and virtac in lave. In the eve__- the said City shall extend the time for tLl' completion of said work, such e-xterrsion shall not in any way release the sureties on this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible fdr the maintenance and repair of the improvement after it has been accepted by the second party, but such surety§ shall be held responsible for the faithful compliance with all other conditions, stipulations and requirein€tit§ covered by or set out in toe contract.