07/24/1917 Board of Public Works Minutes

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PUBLIC TVI'ROVE14ENT CONTRACT. - THIS AGREEMENT, Uade and entered in to this 23rd. day of July 1917 by.• and between H. N. Barnes-of.the Cotty of St. Joseph and State of Indiana (hereinafer 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, (here- inafter 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 Uunicppal Corporations y approved March 6,1905, and all1kmendatory and supplmentai k t Jthereto/: Witnesseth , that that the contractor covenants and agrees to construct grade, curb and sulk on Seventeenth Street from Mishaawaka Avenue to Grand Trunk Western Railway Company, in the City of South Bend, Indiana at and for the following, prices:'p 2400 lin. feet of curbiAg per lin ft... ..... ..............$.21 1610 cu, yds. of gradinc; per. cu. yd........ . .. ... .42 11370 sq. ft. of cement walk, per sq. ft.:, „:.............. .09-2 --a nd-to perform all -work in the prosecution of said improvement under and according to the terms and conditions. of Improvement Resolution No. __________________ adopted by the Board of Public Works --------------------- :_._____, and the plans, profile and. specifications on file in the office of the Department of Public Works; which said resolu- tion, plans; profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenantsand agrees that in the prosecution of said work all proper skill and: care will be exercised,; that he will:. properly guard and :protect all exca vations and dangerous places, and will use all due and proper precaution to prevent injury to any person or property; that iri,the event of any injury or damage resulting_ from.theworkor resulting from any; matter or thing connected therewith or arising there- from, to any person or property, he will pay and liquidate the same at his own expense, and -assume the liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or, growing out of said work or its construction, the said 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 if within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against the . city shall be conclusive against the contractor and against the surety on his construction bond, as to the amount; liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary for 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 with sufficient surety, thereon and in an amount as axed by the specifi- cations. - :;And in -doing ,such repair work the contractor and the surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to,any person or property in the same manner and. to the same extent as is fixed in the last preceding paragraph' covering the .construction work. And 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 not constitute a waiver on the part of the city. of any of the provisions of - this contract, nor shall it release said contractor or the sureties on his bond for the faithful performance 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 orfurnished 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 favorofthe contractor or his assigns, or out of the amount due him or his assigns upon the completion of the work, so much as may be necessary to pay all laborers or material 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 treas- urer, 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 have been paid or satisfied. The, contractor agrees to remove all rubbish,, earth and unused material in the streets or sides thereof upon the corn of. the' improvement or the repairing thereof. The ,work of making ,such improvement shall be completed according to the terms of this contract on or unless he time for the completion of the same shall be ex ended in writing by the Board of Public Works. 9 And it is agreed that any such extension of time, or any alteration of this contract or of. the manner or method of doing such work 'shall in no way affect the duties, obligations or liabilities of the contractor or his sureties. It is 'agreed that the contractor shall not assign this contract, or sub -let the work or any part thereof to be done hereunder, without the written consent of the Board of Public` Works. It is further agreed and stipulated that the contractor shall give to residents of said city and county prefer- ence in the employment of all labor necessary in the performance of this contract, and failing to do so, shall for feit' 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 per- formed by said contractor the said city agrees to cause the cost'of doing such work to be assessed, collected and paid to said contractor in the manner fixed by the statute governing the making of :such improvements 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, the -undersigned binds himself or itself, and the re- spective successor or assigns of such parties: INTESTTVONY WHEREOF, We, the foregoing named parties, hereunto set our hands this 291#td. day, of July 1917. ° HARRY N. BARNES CITY OF SOUTH BEkD, INDIANA. BY E. M. MORRIS JOHN B. WEBER Its Board of Public Works. CONTRACTOR