06/22/1921 Board of Public Works Minutes

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.45a:Rs'c Fir..: --+ng d,•F�r '�'�v-.. WetlInc P2 d _ 1 A".31 : aft i ntf�C�:'„ o, PUBLIC IMPROVEMENT CONTRACT.. THIS>AGREEMENT Made and entered into this 18th..da of June D. 1921 by' and between Hoban &pRoach of the County of St, .Joseph ,and State o Indianahereinafter referred to as,the Contractor"), and the City of South Bend,,in-the Cou ty of St. Joseph , and State of Indianay by and through its Board ef-Public Workshereinafter referred to as. the " City") , under and by virtue 'b.f . an.: Aot,- of the General Assembly of the State of Indiana entitled-_ An'Aet`Conoerning Municip4i Corporations, approved. March 6,1905, and alb amendatory and supplemental acts theretst Witnesseth, that the oentraetor-wevenants and agrees to construct pavement on Whiteman Court from Wenger St. to Pennsylvania Avenue, in the City of South Bend, Indiana at and for the follows n8 prieess- . 191 eu. yds. of rading per cu. yd. .... .............$1.00 651 sq. yds. of j" concrete per sq. yd•••••.:. .. 2.35 and to perform all work in the prosecution of said improvement under and according to the terms and e+,n dition9 of Improvement Resolution No. 8K__ -------------- a4pted by the Board of Public works._ Ap-�'-� l... 3,,1921, and the plans, profile and'specifications on file i*i the office of the .Department of Public: Works, which said , resolution; plans, profile and specifications are tna4e a part hereof, x� fully and effectually • as if copied and set out herein at full length. The contr"actor further expressly covenants and' agrees that inthe orosetution of laid work all proper skill and care r,;!l be exercised; that he - r"I r -nn ! : 1 F �`^f a.l ea�avat�ons a xct dangerous places, and 411 use all due and proper precruteon to or.:. -t irtlajV to ny per o-� .or p-�= ��, that i , +he event , any injury or dama.ffe resulting from th2 •- or rezu"• �, fto*1 h^v .t*,er'or thine rnr +P theretvi',' or arising therefrom, to any pees^n or oroperry, hA 11'�w an�i h�+ �idate tt^e same,' th:is oidn expense, and as- sume the liability therefor; and in the event of any cta r1'or c- ha; tzzis 6ng madQ or oily action or actions being bro�lght against' the city by reason or on account. of or growing out of s�: d vv rk or cirnstruction, t'r.� said Contractor will at his own expense defend the same, and will pay any jud�went recoveredtherein, 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 within ten days after any such action is begun, the city shall notify the contractor of the, pendency thereof, th4:i any iudgment rendered against the city shall be conclusive against the contractor and against the surety Oil his coin struction boad as to tb, amountliability and of r . he matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary t: the period and in the manner as fixed by the specifications, and to secure tale maintenance and repair thereof to file with 6e Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the sane liability to the city and any other person forany injury or damage to any pers,;a or -prop- erty in the same manner and to the same extent " is fixed in the last preceding paragraph. Covering the coat- struction work. ' And it is further agreed by and between said r-lrt=•es that the acceptancg of the work provided for in t1ds contract, or the payment the`rcof, shall not constitute a waiver on the part of the city of any of the provis� ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform. anee 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 any allowance made on any estimate in favor of thg contractor or h;- assigns, or out of the amount due him or his assigns upon th'e completion of the work, so much as may �cessary 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 treasurer, acting as city treasurer, may retain money coil,-. ted from property owners assessed fof W4 ;i4prpveiacat to pay such debts or ur,ril the contractor rr' .oars that they have been paid or satisfied '"e•rvbbish, earth, and urr:sed material in the streets or sides t'i^-m Y, upon the completion- of,the improvement or the repairing thereof. The work of making- s+leh i'mffrdvement shall be comoleted according to the terms of this contract on c,',, before the --- -:-•- = = = = ' " ° = = = ' ---- � -day cf---------------------------------------•----------------•----•--••-•---- 19.........., unless the time fonthe c©rmpletion,04,the sarrA shall be extended in wr;ti~g by the Board of Public Worlcs, And it is agreed that any such extension of tirne, or any alteration of this centract or of the manner or meth- od of doing such work 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 ract, or sub -let the work or any part thereof to ' be done, he�teunder, without the v. rit'-en co_,e:rc of the B. rd of P:.:blic Works. It is further agreed and sti�ula+cd that t': , contraetor shall give to residents of said city and county preference in the employment cf 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 malting of such improve- r ;eats. _ • t To each of the conditions and stipulations of this contract, including all and singular the provisions and ter, ;s of the plans, profile, specification. -nand resolution aforesaid, th•-, undersigned binds himself or itself, and Ct ; r�.•: iective successor or assi;Z-.s of such parties. In Testimony Whereof, We, the forgoing named parties, hereunto set our hands this 18th. day of June A. D. 1921. _ HOBAN & ROACH CITY OF SOUTH BEND, INDIANA: M. J. ROACH BY G. A. ELLIOTT Contracter, H. F. ROSTISER ItsBoard of Public Works.