06/28/1921 Board of Public Works Minutes

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Engineer filed assessment roll and final est mate for pipe sewer, ®n Irvington Avenue from Michigan Stleet to Pellsws Street'under Improvement Resolution' No. 838. In the City`of South $end, ndiana� Resolved that the entire work done under theo tabove re elution and the contract let thereunder be in all thin s accepted and approved and that said final estitv&te be allowed. Resolved further Mt notices in fore required by law -be. ub ished,e the 1st, day of July 1921 and !n the gth da of J 1 192I in the So th eni Daily Dews Times a news pa er o eneraf cireu at on in said ity, settillg a fiuin the 20th. day of Julypal 21 at 7:15 P:M at the off iee,of this Board in the City Hall gouth Bends Indianaa►, as t e time and place when this Board will receive arts and hear romonstrances against the amounts assessed against each of the lots and parcels of Sand on said roll, and will hear and determine whether such lots and parcels of land will be specially benefitted by said improvement by the mounts stated and set forth in said rolls. The 'Fallowing contracts were approved by We Board. PUBLIC IMPROVEMENT CONTRACT ' This A reement Made and entered into this 28th. day of Junq 1921 by and between Wm. H. Burge of tie Cgmy of St Joseph and State of Indiana (hers1 - .arter referred to as the Contractor a d the City of South Be d, in the Count or St Joseph, and State of I� iana by and trough its Board of Pubic Works, (hereifiafter referred to as the Cit - uncle - .and b virtue. of an Act of the General ss ably of the State of Indiana, en bled An Act ftheernin Municipal Corporations, . approved March 6,19059 and all amendatory and supplemental acts thereto: ........Witfies'seth that the contractor covenants-and-agrees-0 place water connections an''Miner Street from St. Louis Blvd. t® St.- Peter, S reet;° in the City of -South. Bend; Indiana ht: and for the following prices:_ ..>�,�.. ,s,,...... 1 tap on short side, each.... .::....25.00 and to perform all work in the prosecution of said improvement under, and a.ccoiding to the terms and eoa- ditions of Improvement Resolution No, .._8.�8______________ adopted b7 the Loaid of Public Woks.. end .the plans, profile and specifications;on file inthe office of the. b pa trnent of Public WOrkS, which said resolution, plans, profile and specifications are made a pact hereof ag fully and 'effectti ff ` a$. if . copied and set out herein at full length. The contractor further expressly covenants and agrees that iit the prosecution of .said work all proper skill and care v.,ill be exercised; that he - ll proneaz d p r 01 excavations and' dangerous places, and will use all due and proper precaution to orev at int�''y ` ry person or prcn rtv; that'in *41e event of any injury or damage resulting from th,e w� r or resi.l* g from a"v trif+er or thin- ctPd therewith -or arising therefrom, to any person .or property, he. I!f111 nav ,ar-1 liquidate, fhe same at his :own expense, and. as- sume the liability therefor; and in the event of any claim or claims be; made or any action or .actions being brought against the city by reason or on account of or growing out of sn id 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 f within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, than any iudgment rendered against the city shall be conclusive against the contractor and against the surety on hie construction bond, as to the a aount, liability and other 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 spanner as fixed by the sn?ci�cations, and to secure t7e 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 specifications, And in doing such repair work the contractor and the surety on his guarantee bond shall be subject to the saute liability to the city and any other person for any injury or damage to any pers�m or prop- erty in the same manner and to the same extent s-a is fixed in the last preceding paragraph covering the con- struction work, Arid it is further agreed by and between said rart�ss 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 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 the contractor or 1�a assigns, or out of the amount due him or his assigns upon the completion ` of the work, so much as ma3 ce6sary to pay all laborers or niateriai men for amounts due them for work done or materials used or furnished to be used is the performance of this contract and the doing of said work, and the county treasurer, acting as city treasurer, may retain money colk eted from property owners assessed for said smproveu,ent to pay such debts or until the contractor shows that they have bees paid or satisfied T-te coat --a- or agrees to remo--:t all ru5�ish, earth, and untised material in the streets or sidles tR:trc...l 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 beforethe-------------------------------------------------------------------------day of-------- ................... --------....................................... 19........... unless the time for the completion of the sane shall be extended in writi g by the. Board of Public Worlds, And it is agreed that any such e-eten-ion of tirn2, or any alteration of this contract 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 jor.lract. or sub -let the work or any part thereof to be done hereunder, without the writ -.en cons:,nt of the Bc;ard of. Pu blic Works. It is further agreed and stipulated that contractor shall give to residents of said city and county preference in the employment 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- unents. To each of the conditions and stipulations of this contract, including all and singular,. the provisions and terris of the Mans, profile, specification-3 and resolution aforesaid, the undersigned, binds himself or itself and tl_., rco pective successor or assigns of such parties. a