08/07/1917 Board of Public Works Minutes

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and 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 c:�� __ b,_ .9. ]. an he plans, profile and; specifications `onfile in the office of the Department of Pub11c Wo klr which said iesglu - t1on,plans,.profile and specifications are made a part hereof as fully and effectually as If copied andsetout herein a, . full length. The contractor further expressly covenants and agrees that irk the prosecution of said work all proper skill and care will be exercised; that he will properly guard and protect all excavations and dangerous places, and ;will use all due and proper precaution to.prevent-injury to any person or property;; that in the event of any injury or damage resulting from the work or 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 claimor claims- being made or any action or actions being brought _against the cityby 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 notifythecontractor 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 aanount, liability ;and other matters.'pertaining thereto. And the contractor agrees toy 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 fixed 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 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 anyallowance made on any estimate in favor of the ' 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 toremove all rubbish,,earth, and unused material in the streets_or Sides thereof upon the completion 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 before the---- -------- -- - --- --------- -------- ---------------day of------ - ---------------- 19-_-- unless the time for the completion of the same shall be extended in writing by the Board of Public Works. 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 Ruch 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. IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands this---------6t 1-1 - ---------------- --- -------day of---- ----- &193kat------- ----- ------------- 19--1.7__. S'I-APLES --- & AGM-R-1AN--------------- BY S. U. ACKERMAN - --- ---- -- --- -- ------ --- ------ CITY OF SOUTH BEND, INDIANA, Contractor. By -------- E :---M: --Mflf R1S---------------- ---- ------------- ----- ----------------------------------- Its Board of Public Works. CONSTRUCTION BOND. Know all mien by these presents., That we Staples & Ackerman of the County of St. Joseph State of Indiana,, and American Surety Company of New York of the County of and State of 1xittxxx as sureties, are held and firmly bound to the City of South Bend , Indiana in the sum of Eight hundred and fifty f i five Dollars ($855.00 ) for the payment of which well and truly to be made, we jointly and severally bind oursleves, our heirs, executors , adminstratorg and assigns , firmly by these presents. The conditions of the obligations are such that it the a ove namee Staples & Ackerman shall faithfully comply with the foregoing contract, made and entered into the Gth, day of August 1917 with the City of South Bend, Indiana, and shall fulfill all th conditions and sti )ulations therein montained, according the true intent and meaning thereof, in all respects, then this obligation to be void a.therwise to be and reman_ in full force and virtue in law. In the event the said City shall extend the time for hhe_ completion of said work, such extension shall not in any way release the sureites on this bond.