12/26/1917 Board of Public Works Minutes

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i4 THE following improvement contract and bond was approved by the Board. PUB1•IC I'ROVEkENT CONTRACT, THIS AGREEVENT, Made: and entered into this 22nd. day of December 1917, by and between Brune De P�pe of the: county of St. Joseh, and Stato 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, ( hereinafter referred as the " City")* under and by ' n irtue of an Act of the General assembly of the State of Indiana entitled " An Act Concerning Uunicileal Carperatiens, " approved M&rch,6,1g05, and all amendatory and supplemental acts thereto: Witnesseth , that the contractor covenants and agrees to construct pipe sewer in and along Dayton Street from karine Street. to lat. alley most of Leer Street, in the City of South Bend, Indiana. at and,for tbs following prices:- 285 lin. foot of ipe sewer, per lin ft...................02. 22 144 lip,.' feet of 6 Ineh pipe, per lin ft.................. 85 Manholes, each.............................I.............. 6.0o Manholes, curbs and covers, each .........................15. 0 A: o } norm all work in the prosecution of said improvement under and accnfdingf to th taxnaa at�i ems. 4111CMs of- Improvement Resolution No. ,..56 ..., ado ans, rofile and �-•--•---- adopted by the Board of Public i)V'6'tks..�¢g,� And the pl p d specifications on file it the office of the Depa-:Inent of Public Works, whi ^h sold resob-Itionplians, profile and specifications are made a part hereof as fully and effectually as if copie d tad set out herein, at full length. fl-)c contractor further expressly covenants and agrees that in the prosecution of said work all proper care be exercised; that he ,-?!]'pronerly 3r-1 a.nld protect all excavations and dangerous places, useP,per precaution to prevent SS-1/ury %O ;ny person or p;"C'. •,'r`sr; that i 4 event r.± ar?4i Q f i orrdaria ge I su!,ing from the work or resul;?ng front any rratter or thin .tP !fir ,<.: om, to any person or property, he will pay and. liquidate the sa=re at his own expense, an #. as_ s= r t ;lie I'ability therefor; and in the. event of any claim or clams being made or any action or actions b ,;;ry brc �ght ag i_nst the city by reason or on account of or growing out of slid work or Its construction-, h;� sa.;u 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 f Within ten days after any such action is begun, the city shall_ notify the contractor of the pevdency then ot, then any judgment rendered against the city shall be conclusive against the contractor and against the suret}k an his construction bond, as to the amount, liability and other matters pertaining thereto, cc `CT -Or ?,Zrees to maintain said improvement an; I z ,e such _eFairs as may - ^, �.ry for tie pc od and :.; _l e manner as fixed b the s Q t y t� c:fications, and o secure the m"ntenar,ce and repair th•ereot to file with t'ie Board of Public Works a bond with sufficient surety thereon and i t n an amount as fixed by the s_�e_ifications. And in doing such repair work the contractor and, the surety On his guarantee bond shall be s? t to he same liability to the city and any other person for any injury or damage to any person or prop- er f '._., ti:e sar_:e mariner and to the same extent as is fixed in the last preceding paragraph covering the con- greed by and between said parties that the acceptance of the work provided for in t` ss C ...-. ..... F 7r � -" 'L-.'lit tltPl �. / i"'J 'Gf, shall ilOi constitute a }valuer on the part of the City Of any Of tli^ crv'.✓ e s con_�ract nor shall it release said contractor or the sureties on his bond for the fa: itlp _o.---,-_ i411 the acceptance be prima facie evidence of the perf orniance oz any provision of tliis c --- 'Pt to the e_, tent of entitling the contractor to the contract price therefor. cc; _j actor agrees to pay for all labor and materials used or furnished to be used in the makincy !MPro�-ell and in the performance of this contract, whether done or furnished for him, or his age , svcccEsor or subcontractor; and the city may reserve out.of any allowance made on any estimate ! vor o= t ,e contractor or his assigns, or out of the amount due him tar his assigns upon the completion Fo rruch as may be necessary to pay all laborers or materiaimen for amounts eue them for work done or materials used or furnished to be used in the performance of this contract and the doing of a ;ne county treasurer, acting as city treasurer, may retain money collected from property i s ed for said improvement to pay such debts or until the contractor shows that they have b: en satisfied o r rn, all rubbish, earth, and un•ised material in the streets or sides hereof b= r r: r ` the imn-ovcment or the repairing thereof. i c in g 511rh improvement shall be completed accord' to the terms of this contract on or I� r c e -. ------ - C Y! 191 6'fii day of jiar g _ _ - - , 19 -- ? _s 'h ?- ^r + le corn-pletion of the s<_r -e shall be extended in w1�t;-.-_ by the Board of Public )Yorks. ?5, a�1'n rl t q,iy such eaten -ion of ti*._e, or any alteration of th's contract or of the manner or meth- od cf doiro- such ivorl: 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 contract, or sub -let the work or any part thereof to be done 'hcrt:mder, wiih, l' the written consent of the Board of Public Works. x It is nurcrier agreed acid stipulated that the contractor shall give to residents of said city and county preference in the employincnt 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.• ments. 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 undcrfigned binds himself or its , 7 yxi the ra spective successor or assigns of such parties, IN TESTIMONY WHEREOF, We, the foregoing named parties., hereunto set our hands this 22nd. day of December 11917'. CITY OF SOUTH BEND, INDIANA. BY JOHN B. WEBER A H. RICE Its. Board of Publicks BRUNO DE PAEPE Contractor..