08/18/1920 Board of Public Works Minutes

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PUBLIC DdPROVEM;ENT CONTRACT. This Agreement, Made and entered into this llth. day of August 1920. , by and between Hoban & Roach of the County of St. Joseph and State of Indiana (herein- after referred to as the " Contractor" ), and the City of South Bend, in the County of St. Joseph, and State ,of Indiana, bpi and through -its Board of Public Works, (hereinafter 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 Corporat iond, " approved March 69 1905, and all amendatory and supplemental acts thereto: Witness eth, that the contractor covenants on Stanfield Street from Howard Street to Corby Street, in at and for the following prices: - and agrees to construct a sewer the City of South Bend, Indiana 367 lin. ft. of 10" pipe per lin ft......................... 3.92 176 lin. ft. of 6" pipe per lin ft........................ 1.80 9.5 lin. ft. of manholes per lin ft........................ 15.00 1 manhole curb and c,ove,c, each....... ........................ 30.00 and to perform, all work in the prosecution of said improvement under and ar-coM inK to the terms sari con- ditions of Improvement %A-salution Rio....,..dDA ..::......, adopted by the Board of Public -Forks. •T t t 43-1 ,. ;n -1920. and the plansi profile and specifications• on file.. in the office of the Department of Public Works, which said resolution, plans, ro£tla ai�d�� specifications are made a, part .hereof as fully and effectually as if copied and set out herein at full length, The'. contractor further eicpres-5iy covenants- and agrees that in the prosecution of said work all proper skill and care +,•rill be exercia!,d; that he '1 pron r',� all excavations and dangerous places, and will use all due and proper preca+.ition to pr ve:,t i�ii+.*v *� :ny person or p-c .atv; that in th- event ;,f an injury or damage resulting frcm the war'': or res*..i,.+rg from: ;. y mz+ter or thing cons.-ctr-d. therewith or arising therefrom, to any per3�-i or property, ?me *11 pay 2.r-} li�-:idate the same at`his own expense, and as- sume the liability therefor; and in the event of any claim or claims being made or any -action or actions being brgtight against the city by reason or on account of or growing out of s-.;d viork or its construction, the said contractor will at his own expense defend the same, and `trill 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, epenso, payment or judgment recovered in connection with such claim or claims, action or aetiops. And if within tea days after any sdch action is begun, the city shalf notify the contractor of 0ae pendeficy thereof, dt41t am judgment rendered against the city shag be conclusive against the epntractor and against the surety on bilk construction bond, as to-*- minount, liabi'fi4 and ether matters pertaining theretcL And the conirac�or agrees tQ maintain S�icl Sc.i£. i _._-...� µ- at i red .^ as may nee,,ssary ' the AL in -the manner at fixed hT the &9.reifications, and to sec. -re Lae i►aaintenauce and repair thereof to Ate with the Board of Public Works a -boned with aiiff;cicnt stirety thereon and in an airio tnt as fixed by the specifications;.-. And in doing such repair work the crmi mefor and the surety on his guarantee bond shall be subject to the same liability to the city and any other pperson.for any injury or dam-ageto any pers<ii or prop- erty in the same mariner and to the same extent ¢a is fixed in the 'last preceding struction °work, paragraph c®ver_ing the col- - And it is further agreed by and between said part)m that the acceptance of the -work ppeovided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of my of the prorlbl= Ions of this contract, :nor shall It release said contractor or the sureties on his bond.for tee faitliful peirolla., ance 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 ail -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 oitt of any allowance made on any estimate In favor of the •contractor- or-H assigns, or out of the amount due him or his assigna upon the completion of the work, so much ss rrtay ,cessary to pay.all laborers or materiai men .for amounts due them for work done or' materials used or iumished 4o' be used in the performance of this contact and the doing of said work, and the county treasurer, acting as city treasurer, may retain money collected from property owners assessed for said improvement to pay shelf debts or, until the contractor shows that they have been paid or satisfied i_ie eoac-a�--rr aa:e�s to remo- all ris`_-�is:t, earth, and un-sed material in the stre;:ts or sides tancrc-at upon the completion of the improvem^rit or the repairing thereof.. The work of making' such improvement shall be completed according to the terms of this contract on or t►efore the....................lf th......................... --- ------------------ day of._-- --------- ----------- A_O.Vamhuar--_-1.9,20----------- w--------� finless the time for the com letion of the, sar-e. shall 'be extended in writing by the Board of Public Works, And it is agreed that any slo h-e_rtension,of time, or any alteration of this contract or of the manner or meth- od of doing such work sh 1 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 -hereunder, withot•t the written cons_nf of the Board of Public Works. It is further agreed and stipul tad tlm2t t-a° contractor shall give to residents of said city and.cottzity preference in the employmµnt of .all labor necessary in the performance of. this contract, and failing to do so, shall forfeit to the city:the sum of ten dollarsJor each failure to observe this stipulation. And upon the performance of ail 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 - To each of the conditions and stipulationsof 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 respective successor or assigrs of siicii parties. In Testimony Whereof, We, the foregoing named parties, hereunto, set our hands this llth. day of August 1920, HOBAN ROACH CITY OF SOUTH BEND, INDIANA. BY M. J. ROACH BY G. A. ELLIOTT Contra ctor. HARVEY F. ROSTISER JOHN F. DEHAVEN. Tts Boa'd of Public works.