03/27/1923 Board of Public Works Minutes

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d • I�arc�h -1 �e t . � 23r _ ' �y � f _ AME`,�IRETY COMPANY 91? I�TE?A,a �,ORK �,T 3 JAYZ.�lce re dent. .l�`s PAs rterary �,�± . �L .........y�zm :3 March 1923 Ali b��.if,��,sc:1 s Via: EE_R. ST,A�1°fiiiTFR--------------------- m.�,.� 4 L. P. HARDY �,.+.338 oawrMre.wa.mw.aw..�...w ..w... ...mo.mm.mmeeeemee.esael PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and enter9d into this 23rd. day of March 1923 by and between Staples & Ackerman of the 'County of St. Joseph and State of Indiana, (hereinafter referred to as.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, (herein- • after referred to 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 6919059. and, all amendae-tor-ys=&-supplemental acts thereto:" Witnessebh, that the contractor covenants and agrees ithayt to construct pipe sewer on Calvert Street from Miami Street to Leear Street, in the City of South Bend, Indiana at and for the following prices:- 725 lin. ft. of 12" pipe pe 430'lin. ft. of 10" pipe pe 180 lin. ft. of 8" pipe pe 516 lin. ft. of 6" conduit 216 46 lin. ft. of manholes 10 storm water g a.tes, each 4 manholes curbs and covers, r linft, 2.30 r lin, ft. 1,90 r lin ft. .80 pipe per lin ft, 1.10 per lin ft. 8.00 11,00 each 15.00 and to perform all work in the prosecution of said improvement under and according to the terms and curs.; ditions of Improvement Resolution No. ......_ . adopted by the Board of Public Works......,ZgA.,,-4h. 91923 • and the plans, profile and specifications on file in the office of the Department of Public Works, which sal resolution, plans, profile afid specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all. proper skill and care vrih be exercised; that he zxr_ll pronPr'v _' er ,i,F-'o yet all excavations and dangerous places, and will use all due and proper precaution to prevz.it injury fn :.ry person or Fro^erty; that in the event of any injury or damage resulting from the xvor': or resulti-erg fr-)n. a.^-v :ml.tter or thing connected therewith or arising therefrom, to any person or property, he v-?v arnn li jt'idate the same at his own expense, and as- sume the liability therefor ; a -ad in the event of any claim or claims being made or any action or actions being brought against the cityby reason or on account of or growing out of s,;:id work or its construction, the said contractor will at his own expense defend the same, and vvill 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 if within ten days after any such action is begun, the city shall notify the contractor of the pendency, thereof, thin any judgment rendered against the city shall be conchisive against the contractor and against the surety on his construction bond, as to th- amount, liability and other matters pertaining thereto. Mid t M Wriffilatof agree§ 10 al,Itain Said 1-Ulpro': u.ent at.a niake such repairs as may be neces_s ry fo� Period dod In the Inaffinwer ss Bred by the sn.,°ci hf cations, and to secure the maintenance and repair thereof to with t#te Board of public Works a bond with sufficient -surety thereon and in an amount as fixed by the spee-Momflono, And In doing such repair work the contractor and the surety on his guarantee bond shall be 60JOeit to the §ame haMlfty to the city and any other person for any injury. or damage to any person or prop- erfy lit An game Manner acid to the same extent as is fixed in the last preceding paragraph covering the c€ n- a tActlon work, Aid It is further agreed by and between said party^s that the acceptance of the work provided for in, this 4fiiit act, or the payfnent thereof, shall not constitute a waiver on the part of the city of any of the provis- Ions of thls contract, nor shall it ri 0eaie said ccntractor or the sureties -on his bond for the faithful perform- grM thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this Wfitraet, Wept to the extent of entitling the contractor to the contract price therefor. The contractor agree® to pay for all Yabor and materials used or furnished to be used in the making of sheh l prov011jtht 16d In the performance of this contract, whether done or furnished for him, or his agent, esslgltee, uAccossor or subcontractor; and the city may reserve out of any allowance made on any estimate ffi fivor of the contractor or 14Q assigns, or out of the amount due him or his assigns upon the completion of the writ; so trawh as may cessary to pay all laborers or r ateriai men for amounts due them for it done or mmerials usid or furnished to be used in the performance of this contract and the doing of sand weal, and the e anty treasurcr, acting as city treasurer, may retain money colle ted from property ON4hers anussed for smid improvement to pay such debts or until the contractor snows that they have been void tv sati0od , e <-c. - w remo aft ru'� =sii. earth. anal um sad material in the streets or.'sides there ,upon the completion of the imp, ro-em:;nt or the repa�.ring thereof. The work of making such iprovement shall be completed according to the term of this contract on or before the---- -- --- ----_.._......w......._ ..._.. •-- -dav of..---------_� . __--------------------- __ w------•-w=M 1 ........ .., 9 unless the time for the completion of the sae shall be e--ter.ded in w,- t --.g by the Board of P.titsllc Works, And it is.agreed that any such extencion of time, or any al*_era-on of this contract or of the manner or meth- od of doing such work shall in no way affect the duties, obligatio:.s or liabilities of the contractor or his sure- ties. , Jt is agreed that the contractor shall not assign this `raet, or sub -let the work or any part thereof to be done hereunder, without the written. cons _-nt of the Board of P ,blic Works. It is further agreed and stipulated that t'32 contractor shall give to residents of said city and county preference in the employment 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 stipulation. And upon the performance 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- raents. To each of the Conditions and stipulations of this contract, including all, and singular the, provisions and terms of the plans, profile, specifications and resolution aforesaid, tho undersigned binds himself or itself and the ra«pective succcssor or assi�!_s of such.nart.es. and to perform all work in the prosecution of said improvement under and according to the terms and curs.; ditions of Improvement Resolution No. ......_ . adopted by the Board of Public Works......,ZgA.,,-4h. 91923 • and the plans, profile and specifications on file in the office of the Department of Public Works, which sal resolution, plans, profile afid specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the prosecution of said work all. proper skill and care vrih be exercised; that he zxr_ll pronPr'v _' er ,i,F-'o yet all excavations and dangerous places, and will use all due and proper precaution to prevz.it injury fn :.ry person or Fro^erty; that in the event of any injury or damage resulting from the xvor': or resulti-erg fr-)n. a.^-v :ml.tter or thing connected therewith or arising therefrom, to any person or property, he v-?v arnn li jt'idate the same at his own expense, and as- sume the liability therefor ; a -ad in the event of any claim or claims being made or any action or actions being brought against the cityby reason or on account of or growing out of s,;:id work or its construction, the said contractor will at his own expense defend the same, and vvill 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 if within ten days after any such action is begun, the city shall notify the contractor of the pendency, thereof, thin any judgment rendered against the city shall be conchisive against the contractor and against the surety on his construction bond, as to th- amount, liability and other matters pertaining thereto. Mid t M Wriffilatof agree§ 10 al,Itain Said 1-Ulpro': u.ent at.a niake such repairs as may be neces_s ry fo� Period dod In the Inaffinwer ss Bred by the sn.,°ci hf cations, and to secure the maintenance and repair thereof to with t#te Board of public Works a bond with sufficient -surety thereon and in an amount as fixed by the spee-Momflono, And In doing such repair work the contractor and the surety on his guarantee bond shall be 60JOeit to the §ame haMlfty to the city and any other person for any injury. or damage to any person or prop- erfy lit An game Manner acid to the same extent as is fixed in the last preceding paragraph covering the c€ n- a tActlon work, Aid It is further agreed by and between said party^s that the acceptance of the work provided for in, this 4fiiit act, or the payfnent thereof, shall not constitute a waiver on the part of the city of any of the provis- Ions of thls contract, nor shall it ri 0eaie said ccntractor or the sureties -on his bond for the faithful perform- grM thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this Wfitraet, Wept to the extent of entitling the contractor to the contract price therefor. The contractor agree® to pay for all Yabor and materials used or furnished to be used in the making of sheh l prov011jtht 16d In the performance of this contract, whether done or furnished for him, or his agent, esslgltee, uAccossor or subcontractor; and the city may reserve out of any allowance made on any estimate ffi fivor of the contractor or 14Q assigns, or out of the amount due him or his assigns upon the completion of the writ; so trawh as may cessary to pay all laborers or r ateriai men for amounts due them for it done or mmerials usid or furnished to be used in the performance of this contract and the doing of sand weal, and the e anty treasurcr, acting as city treasurer, may retain money colle ted from property ON4hers anussed for smid improvement to pay such debts or until the contractor snows that they have been void tv sati0od , e <-c. - w remo aft ru'� =sii. earth. anal um sad material in the streets or.'sides there ,upon the completion of the imp, ro-em:;nt or the repa�.ring thereof. The work of making such iprovement shall be completed according to the term of this contract on or before the---- -- --- ----_.._......w......._ ..._.. •-- -dav of..---------_� . __--------------------- __ w------•-w=M 1 ........ .., 9 unless the time for the completion of the sae shall be e--ter.ded in w,- t --.g by the Board of P.titsllc Works, And it is.agreed that any such extencion of time, or any al*_era-on of this contract or of the manner or meth- od of doing such work shall in no way affect the duties, obligatio:.s or liabilities of the contractor or his sure- ties. , Jt is agreed that the contractor shall not assign this `raet, or sub -let the work or any part thereof to be done hereunder, without the written. cons _-nt of the Board of P ,blic Works. It is further agreed and stipulated that t'32 contractor shall give to residents of said city and county preference in the employment 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 stipulation. And upon the performance 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- raents. To each of the Conditions and stipulations of this contract, including all, and singular the, provisions and terms of the plans, profile, specifications and resolution aforesaid, tho undersigned binds himself or itself and the ra«pective succcssor or assi�!_s of such.nart.es.