10/17/1922 Board of Public Works Minutes

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The`followixg bond and contract approved, PUBLIC IMPROVEMENT CONTRACT. This Agrement, Made and entered into this 14th. day of October 1922 by and between While Construction Company of the County of Milwaukee and State of Wisconsin (hereinafter referred to as the " Contractor ) , and the City of South Bend, I»i the County of St. Joseph, and State of Indiana, by and through its Board of Public Works, (hereinafter referred-te-as--the ".City"), under and by virtue of an Act of the General Assembly of the State of Indiana; entitled " An Act Concerning Municipal Corporations, " approved March 6,1905, nand all amendatory and spplmental acts thervto`• Witnesseth, that the contractor covenants and agrees to construct pavement on Kendall Street From Indiana Avenue to Calvert Street, in the Cii4r of South Bend, Indiana,at and°forthe following pttees. 889 cu. yds, grading per cu, yd,,,, $.95 4 storm grates, each 12.50. 116 lin. feat of conduit pipe per lin ft. 1.00 14 inlets•reset, each 3.00 141 lin. feet of marginal curb per lin ft. .40 5 manholes reset, each 3.00 3657 sq, yds, of Mexican Oil Asphltis concrete pa emeat per sq. yd, 2.67 salad to perforns ail work. in. the prosecution df said improvement under and according to *a tcrt�,s a:td mn., dition of Improvement Re-solution.No. 1044 adopted by the Board of Public Worked_ August 16,1922. atfd the plans, profile and. specifications on file in the office of the. Department of Public Works, which said resolution, plans, rof3le and specifications are made a part hereof as fully and effectuall' as if copied and set out lgereia at full length. The contractor further expressly covenants and agrees that ui the prosecution of saM wdrk all proper skill and care vrill be exercised; that he -vill proner'.v - r : Y d p_'•o ec:t ati excavations' and dangerous places and will ase all due and proper preca+ition to�pr v2n injury to pry person. or pronerty;'that in the event Q an( injury or damage resulting from the war : or resulting from a--y matter or thing connected therewith or arisin therefrom, to any person or property, he roll Pay and liquieuate the same at his own expense, and as. sume �he liability therefor; and in the event of any claim or claims being made or any action or actions bein� brotig'ht igainst the city by reason or on account of or growing out of. s .id_worlc or its construction, the sal 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 i# within ten days after any such action is begun, thecity shall notify the contractor of the pendency thereof, tk:an any Judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond,'as to tb. amount, liability and other matters pertaining tireretgr A � And the contractor agrees to mai :rain said imt=rov.-ment a_-- 1_:w._e sac:l rcj «_: as Y' the period and in the ma aner as fixed by the specifications, and to secure the maintenance and repair ther.:j, to file with t'.te Board of Public Works a bond wjth 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 sar:ie liability to the city and any other person for -any injury or damage to any pers,,.n or prop- erty in the same'manner and to the same extent as is fixed id the last preceding paragraph covering, the con- struction work. ' And it is further agreed by and between said I.-art'ses that the acceptance -of the work provided for in this contract, or the payment thereof, shall not constitutor a•waiver on the part of the city of any of the provi5- ions 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 coral ract, 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 I-- assigns, or out of the amount due him or his assigns upon the completion of. the work, so much. as mai-cessary to pay all laborers or material men for amounts due them for work done or materials used or'rurnished 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 $aye been paid or satisfied _ o retnc _ P!1 ry ;::ail, earth., and mvz- ed.niaterial in the streets or sides thm,rcoi upon the completion of the itnpro; emt nt or the repairing thereof. The work of frs.kir._g such improvement shall be completed according to the terns of this contract on .or before the ................................ .................::... ..... ...... ...... dav of----------- ----------- ---------- -I ------------- -------------------, 19......... unless the time for the completion of the sar-e shell lie extended to snit---g by the Board of Publ;c Works. At,d it is agreed that any such extension of tine, 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 contractor shall not assign 'this .�w or sub -let the work or any part thereof to be done hereunder, withoot-the writ -'en co::s,�nt of the E lard of. P-,blic Works. It is further agreed and stipula`ed that t7-3 r contractor shall give to residents of said city and co -,;lay preference in the employment of all labor necessary in the performance of this contract, and failing to d,) 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 tied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col -and paidto said contractor in the manner fixed by the statute governing• the making of such improve - To each of the Conditions and stipulations of this contract, including all and singular t�e,pxovisions and terms of file plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself, and tha r*,ipective successor or assig,:s of such parties: IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set, our hands this 14th. day of 0et. 1922. CITY OF SOUTH BEND, INDIANA ` BY L. B. SLAUGHTER Its Board of public Works, L. P. HARDY ALBERT F. HONER THE WHITE CONSTRUCTION CO. 1VI. E. WHITE, Pros, & Treas. H. B. DETWEILER, Secy. Contractor.