10/10/1922 Board of Public Works Minutes

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48t> grid w perft)v s,o :,lj work in the Qrosecanon of said improvement tinder and a rdii4g,to the tgWo-js. ditl8ns of Ir-ipi overp-ent Resntntion No. .1.C121_-._.._.___,adopted by the Board of Pulfit Wurks,AU _ St 1 1922 and the pla-iz, profile and specifications on file in the office of the Department. of Pul)lie Wgrka, which a; resolution, plans, profile anti specifications are made a part hereof as fully and effectually as ill' tppitd and set out herein at full length. , The contractor further expressly covenants and agrees that in the ro"cution of said vrnrk all proper bill ai-A care -ill be exercised; that be r='1 T o��, t l 1, r t all ea mvat ons aril dangeroras pl.3 #t'ld 4ttill u5C nil due --d p onevprecantion to Ar z : 1t in;v -v y perSC1:1 nT � C arr�r tM�t,i•� ttst f!Yri11 my injury or damage resulting from th va�r': or %s 11t, - from �'"v ir�t.nr gT thij�P , orr 4�tAd thereat#�, P,t �islng t1lerCfrdnlt0 atlypers^n Or property, 1C z" 11 t'3,v ai"' h a'idatt thv s?.rne at 1 , own e;>pens,R, find afi- methliability therefor; and nthe event of any c.air-i or cl-.ir..,s being trade or any ac,`,,on cr actiondttght against the city by reasoji or on accoai,t of or growing out of k,^ id t�orl, or rty e�n�trnetion contractor will at his own expense defend the same, and will pay any jud eaf recovered th--rein, and will in All respects. fully indemnify and save harmfbss said city, its officers, agents or representatives from all east, expense, payment or judgment recovered -in connection with such claim or clairna, action or actions, And f within ten days after any such actionis+egun, the city shall notify the contractor of t+.e pens-,ncy ther-of, thttn s ty }trd_rrlettt rendered agxlrrst the city shall be conclusive against the contractor and against the surety on his toiintrtictioa bwA, as to th amount, liability and other ire tiers pertaining theretto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary fz, t' e period and in the inanr er as fixed by the specifications, and to secure the maintenance and repair thereof to file with Vie Board of-.Rublio Works a bond with 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 ,object to the sai.le liability to the city and any other person for any injury, or damage to any pers(Yn or prr`p-. ertyin the same manner, and to the same extent as is fixed in the last preceding paragraph covering 'the con- struction work. A -,id it is further agreed by and between said parties that the acceptance of the'work provided for in this contract, or the payment thereof, shall rot constitute a waiver o f the part of the city of any of the provis- ious of this contract, nor shall it relea.,e said ccntractor 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 tQ 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 1,:� assigns, or out of the aniount due him or his assigns upon the completion of the work, so much as ma3-cessary to pay ail laborers or tnateriai men for amounts due them for locate 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 trea.surer, ;inay retain money collected from property :owners assessed for said- improvement to pay such debts -or until the contractor shows that they have been Paid y2 satisfied ' The contra^`or agrees to remo-2 all rubbish, earth, and unused material in the streets of sides thtrrcT . upon the completion of the improvement or the repairing thereof. The - work of friaking such improvement shall be completed, according to the terns of this contract on cr before the - ..� _. _-- .._.,.__.-------- - ----- day of----- - unless the time for the completion of the sar--e shall be extended in writing by the Board of Public Worlm And it is agreed that any such e_eten-ion of tile, or any alteration of this contract or 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 coritractor'shall not assign this Tact, or sub -let the work or any part thereof to be done hereiinder, without the rit en co s_nt of the $c;ard of Public Works. It is further agreed and s6pula.ted thi t t',> contractor shall give to residents o€ -said city and county preference in the employm,.nt 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 stipuld.tion. And upon the performarc�_- 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- mients. To each of the conditions and stipulations of this contract, including all a414 singular theprovisions and terms of the plans, profile, specifications and resolution aforesaid, the underoigned binds himself bk itself,, and the TO-Pective successor or assiz-ss of such. parties. IN TESTIMONY WEREOF, We, the fftegOing named parties, here- unto set Our hands this.5th. day Of October 1922. THE WHITE CONSTRUCTION CO. CITY OF SOUTH BEND,- INDIANA. M. E. WHITE, Pres. & Treas. BY L. B. SLAUGHTER. H. B. DETWEILER, Secy. L. P. HARDY Contractor. ALBERT F. HONER Its POard Of Public Works. CONSTRUC''10N B©r4D That we ...... ...__ .The_. if hi tea.. C On s ,ru e t i on CO cif the County of__ _._ _-�3,Likee,...........................................- ta.te ofveww!�Lm pal, and -Th Fideli an Ca ualt _G C(i>" Ora-ti-OH � nii ed the-- _ iria 0of the Coun nS S a 2 iberty roe , ,-,- ?�: 8i ----- - --- — ---and State of- --------------------_-.-,..._ as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of.......021e.._Thousand r --_seven---- -----------------� for the payment of which, well and truly tc be made, we jointly�and severally biDollars o rses sf 647, OQ: executors, idminstrators and assigns, firmly, by these presents. The. conditions of the obligation 'are such that if this above named.....`.__.,.__ -----------.._......_........ —..a"'s7.7.'-S"S•--VVim,Jriil-V-tiiO3VV_.. .0.__- --- -`.a1 is c ;::.'if">31 i:le f i 1� r-- Y f ! weEoln made and uttered into the ---------------------51h........... -._-...... ....__-- with the City.of 3- , - _i , r L ,l r .,, •I < Uith L ln�.t&i_2 wnu shall ,t.,-_il a11'tiie con -a-, i .� ot., t aereli coiitainei-1 according to the true intent and mea�iing th-zof, in all respects, � , r this obligation to be void, otherwise -- to be and remain in fall force and virtue in law. In the eve.:_ the; s i ,.ty shall extend the tittle for the eorripletion or said work, such extension shall not in any way release the suretiea on Ails bond. This shall be a, construction bond, and the sureties on the swyie shall not be heft responsible for the maintenance and repair of the improvement after it has been accepted by the setond partybut such sureties shall be held responsible for the faitl-�ul compliance with all other condii;'cns, stipulations and requirement covered by or set out in the contract.