03/14/1923 Board of Public Works Minutes

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PUBLIC IMPROVEMENT CONTRACT This Ap�reement Made and entered into this 9th. day of March 1923. by and between H rry Pontarelli of the County of Cook and State of Indiana, (hereinafter referred to �.s the " Contractor ), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works., (hereinafter referred toes the " City"), under and by virtue of an Act of the General Assembly o the State of In. entidtle " AidetS "-nee corning Municipal Corporaations, approved Marew- an a aame r and supplemental acts, thereto!» witnesseth , that the contractor covenants and agrees to vonstruct pipe sewer on SCott Street from Indianan Avenue to the Torre Haute & Logansport R. R. in the City of South Bend, Indiana at anf rot eh following pri cess- 4415 lin. ft. of 10" surer per lin ft. $2.10 40 lin. ft. of 8" sewer, per lin ft. 1.00 210 lin. ft, of 6" conduit pipe per lin ft. .85 82 lJoi ift. of manholes per lin ft. 8.00 2 storm water grates, each 10.00 1 manhole curb and cover, each 20.00 caid to perform all worn in the prosecution ot: said improvement under and according to the terms and con- difi'o s of lmpr6vetrent Resolution No.....1040....... _, adopted by the Board of Public Worki u ust' 9th.19 arid. the plans, profile and specifica*ions on file in the office of the Department of Public Worka, wbich said resolution, plans, ,rofile and specifications are made a part hereof as fully and effectually as if copied and set, out herein at lull length. i fie eontractor further expressly covenants and agrees that in the prosecution of said work all proper kill'arid crew, �. !i11 be exercised; that he --,I'll p-oper`v ^:'d p--o`�ct all excavations and dangerous places, utid 1�t,ll u e all due ar.d proper precaution to pTevei?t injury to �.r..y person or p�c-,n7ty; .t17-,± in `l e eV�;I �� arty ititl. , tit riarrite.ge resulting from the yr z`_ or res»lting from a.ry r7atter or thin- conr ect,d thevewi'b or crafting therefrorn' to and perso-i or property, he v-�11 pay and lit^tidate the same at his o-,ern expense, and as- sitine the liability therefor.; and in the event of any claim or claims being made or any action cr actions h•,; . brought against the city by reason or on account of or growing out of s�`d i.�,orl- or its ce' �trvctio`i. `' sn`-1 contractor will at his own expense defend the same, and will pay any judgment recovered thnr•pin apd F� i.i all rPspccts frilly indemnify and save harmless said city, its officers, agents or representatives f )m all cast, expense, payment or judgment recovered in connection with such clairfi or clairr,s, action or actions: F . i f 'within ten days after any such action is begun, the city shall notify the contractor of tr_c:: vtrA=•-_cv Cher - E, tb,,n any judgment rendered against the city shall be conch,sive against the contractor and against the surcLi oa laic Curestaaretis�at bo=ed,•.�s to tb- amount. liabiiity and other r_Aatters ,err iF.i th=_.ret� f :�+. 'c! :•I .1gi:.L..i- ♦U L T ..'�c^•_in said it, :;it) iii� c:.- :.. <a. _i; `V ;.ii re};aiF'S as r';ay. i �;i;�S L".'.Y .tile period avid in the mawier as fixed V� the snPci` ca'ions, gild to secure the ulaint'enance, and repair thereai to file with Vie Board of Public Works a bond vith sufficient surety thereon and in an.amount as fixes by the specifications. And in doing such repair work the contractor acid the surety on his guarantee bond shall be subject to the saine liability to the city and any other person for any injury:.or- damage to.any pers,.-n or prop- erty in the same mfiner and to the same cxtent as is fixed in the last preceding paragraph covering the con- straction work. A-d it is furthef agreed by and batwecn said 1._rt?es that the acceptance of the work provided for in this col tt`aet, or the payment thereof, shall not co::statute a waiver on the part of the city of any of the �rovis- lofts of this contract, nor shall it release said ccntrr:ctor or the sureties on his bond for the fatthful perform - ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of thi3 contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agres to pay for all labor and materials used or furnished to be used in the making of wich improvement and in the performance of this contract, whether done or furnished for Hirai, 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 htQ_ assigns, or out of-fi;e amount due him or his assigns upon the completion of the work, so much as ma3 ?cessary to pay all laborers or material tnen for ariounts dine theta for Work clout or materials used or furnished to be used in the performance of this contract and the doing of said work, and the counter treasurer, acting as city treasurer, ;:ray retain money eollp=.-ted front property Owners assessed for Said improvement to pay such debts or until the contractor s (mis that they ilvs been paid or satisfied ear :li, and iun,,sed maferial in the streets or sides thereea, or the repairing thereof. The work of m.........n siicrz i before the..... .... mprovement shall be eo. -mleted according to the terrns of this contract on. c:e. . ur.less.the time for .the completion of the sal -P shall b f-er(-ed i the --••---•-----•-' •-u . o .., 19- . e er_ei:ded in w� t° g by the Board of Public Worlrs. Ard it is agreed that any such eaten^ion of time, or ary a_ Lion of this contract or of the manner or meth- od of doing such work shall in no way affect the duties, obliges ties. r ions or liabilities of the contractor- or his sure - It is agreed that the contractor ehali not ?sign this -„ — t, or stab -let the work or any part thereof to be done hereiinder, withoct the written con r:.t of the Iic:.:.rd of Public Works. dt is further agreed and stipulated th?t t'..e contractor shall give to residents of said city and co:ion y preference in the employre.nnt of all labor necessary in the performance of this contract, and failing to Flo 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 anti performed by said contractor the said city agrees to cause the cost of doing such wore: to be assess d, col lected and paid to -said contractor in the mannerSxed by the statute governing the malting of such improve- means. To each of;the conditions and stipulations of this contract, including all and singular the provisions ar.d terris of the plans, profile, specifications and resolution aforesaid, the undersigned -birds himself or itself and the rw pective successor or assignis of such rtarties. In Testimony Whereof, We, the foregoes named parties, hereuni set our hands,.this 9th. day of NaArch 1923. CITY OF SOUTH BEND, INDIANA. HARRY PONTARELLI BY L. 13AUGHTER ALBF F. - HONER Its Board of Public Works. Contractor.