04/09/1919 Board of Public Works Special Meeting Minutes

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f Board met in special sessi-on at 10:00 A.M. All'members present. The Board instructed* the City Engineer to prepare resolutions for pavements on Lincoln Way• West from Olive Street to the westerly City -Limits, also pavement ens Lindsey. Street from Portages Avenue t-o BlaineAvenue, and pavement on lst, alley east of Cerro 1. Street i'ram Wayne Street/ tt Division. Street and report same at regular; meeting. April '15th. y 1919, a� I0 00. A.M. , z. Renewal certificv>te. of. Stapllss Ackerman . on $10000.00 excavation bond approved, else• Exessati.on: bond. -of. $l,000.00.. of. L. � H Webster' approved., ..,............. . • Ths follsswifig' bblid' and ` b bntta6t , app ^flved. , PUBLIC IMPROVEMOMT CONTRACT. THIS AGREEMENT, Made and entered into : this 7th. , day of April 19-19 bye and between Staples & Ackerman of the Coutny 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 (hereinafter referred to as the "City"), under and by virtue of an Act of fahe Generi Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corpora• at ions-,' approved March 691905, and all amendatory and supplemental acts thereto Witnesseth, that the contractor covenants and agrees to construct pipe sewer -'in °and along Brookfield Street from Div is ion Street to Ford Street, "under Improvement .Resolution No. 597, in the City of South Bend, Indiana and at and for the following pr ices; 11.75 1 in feet of 15" pipe sewer, per 1 in ft.......... $1.90 70 l in. feet of 8" pipe sewer, per -Olin ft...: ...... , .70 644 lin, feet of 6" conduit pipe, per lin. ft.......... .85 29 lin. feet of manholes, per lin ft............; 7.00 4 storm water grates, each.................,.'......... 8000 .3 manholes, curbs and covers, eaeh...,................18.00 And to perform all wwk 4 the prosecution of said improvement under and accorMag-tcthe term and eon- MOO" of Istiprevenaeett Aa ctfkttion No ....31�.....:...--» adopted the Board of Publie_Woirka___anuar 22nd.1919. sttidl t X tfa, �fil'ofile *fld sp ectfic Lions. on file ;n the office of , the Depa: tment of : Ppblirc W orks:;. avl►ie t �ollal ,lath, rol#te a10 speddf eaftnO are made a; part hereof as fully and effft%ally as if = copied and ft out. ktrtid at full last "b". contactor farther tXpr*Oly covenants anti sere-s.At t in the fitosecuti", AN work sell yr ik#ii a�►,f eiie +IiiYl lee e�sertifirii; that he s•-.1l propsriT i .ai t aari F �.•ct a2211 excxvati i►6d Wr, use •all dut gnd r e."r es cation to vreva, _ ,riiary + sty teen or = p M Pe yr- .,ot t n Lt f sty in ttlC�► Der :fss;ta a teaitl i�ig from the eve*k or r-svl,irg from a :y !t+at!er or tiT ctr a . ! th 60 m tQ acly tom, i peisan or property, he :v:ll pay at►ri li�••_sdate the same ii lis out e g, stitslle lltd'11A-Wkty .there or; and hi the event of any elatrn or claims Leing made o- any action er e beourht a1j%%f9t the city by reason or on account of or growing out of said work-, or its e6nstrt, � �d Watraetor will at his own expense defend the same, and vrill pa�y any judgment recovered the et all�-tespeats. fully Indemnify andsave harmless said city, its officers, agents or reoresentati s i nz a :eft, expense, pa moo or judgment 'recovered in coaftection'with such claim or claims, action or acts( ns And'=f within ten days after any such action is begun, fhe city -shall notify the contractor of tke pepder c}* th+ereaf, then any judgment rendered against the city shall be conclusive against the contractor and against the--6urety On his construetiort-bont, at to 0, 'mount, liability and other matters pertaining thereto. A td L12e CQSiCa`tr• rQI ' ETC. @S tU 1LuYi *sin �a3c� ti. ei t 2atili 1' v C 5t1Ct1 repairs �$ rl:a3y .3� the period and in the n3ax�ner as fix€d. +x l by the snPc� ca_ ens, and sect,, the rnainterlance and repair thereof to fi a with the Bc+ard of Public ?1Vorlrs .a bona �;;t}i sufficient surety thereon and in an amount as fixed by the specifications, And in doing such` repair work the contractor apd the surety oil his guarantee harri shall he subject to'the same liability to the city and -any other person for any injury, or dariage to any pers4.n or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- �struction woe? And it is further agreed by and between said parties that the acceptance of the work provided for -in this contra,e, or the payment thereof, shail not constitute a waiter on the part of the city of any of the provfs ions of' ;W0s contract, nor shall it r:;lease said .contractor or the sureties on his bond for the faithful perforl .nee 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 u-ad 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 argent, assignee, successor or subcontractor;. and the city may reserve out of any allowance made on any estimate. in favor of the contractor or ' ' "signs, or cut of the amou''t-due him or his assigns upon the completion Of the work, r much- mate .as mar ;, e 7ccessary to pay all laborers or material #men for amounts date them for rV01'i! done Or materials uses ce 'kifnished to be used in the performance of this contract and .the doing=of- d-worlt,' fn4-the-c(aunty tr;:a6i4rer, acting as city treasurer, may retain money collected from p�r • Owners ,assessed for said: improvement to -pay such debts or until the contractor show c�perty that they baud been paid ,or satisfied