07/12/1921 Board of Public Works Minutes

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o29 Tuesday July 12th., 1921. Continued, Board granted permission to the Indiana BeIlloT_el aComipany to mote one 25' pole 12' east of old location. Yetition for sidewalk on -Colfax Avenue from Edmund Court to Francis Street on north side. The Board ordered a thirty 030) day notice sent to the owner of property on northwest corner of East Colfax Avenue and Francis Street. Remonstrance filed for pavement on Virginia Street from Indiana Avenue to Broadway . Same filed. Board approved of placing a'100 C-. P� light on iron post on south corner of driveway on west side of Leeper Avenue at Leeper Residence. Complaint filed by Sidneyy Smith about Highways Imp. Co. ,C6ntraetors on Lafayette Street pavement breaking sidewalk. Same placed on.file to be taken op at hearing on roll of pavement. THE FOLLOWING BONDA AND CONTRACTS WERE APPROVED BY THE BOARD. PUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT Made and entered into this lath.nday of July 1921 sand between Jeeph A. Luther of the ounty of St. Joseph and State of Indiana {herein- after referred to as the " Contractor" and the Tity of South Bend, in the County of St. Joseph, and Sta�e of diana,, by ana through is Board of Public Works hereinafter referred -to as the Cit anPr and b virtue of an Act of the General losembly of the State of Ind. na, en i �e An Act by Municipal Corporations,, -approved March 6,19059 and all amendatory and supplemental acts thereto:- Witnesseth, that the contractor covenants and agrees to construct sewer -on Bissell Street from Edd Street -,to Arthur Street, in the City of South Bend Indiana at and for the followi g prr oes:- 610 lin. ft. of 15 inch pipe , per lin ft......... . 132 lin, ft. of 8 inch tppe er lip ft.... 1.00 308 lin. ft. of 6 inch vondu�tPppipe, per lin ft.. 1._50 2l� lin ft. of manholes per lin ft............,...10.00 gg 6 storm water rates, each......................15.00 2 manholes curbs and covers, each.000.0.0.190009:.25.00 444 to perform all work in the. prosecution of said improvement under and according to the tertas atr i ~ur- siit�esi� ofsnpr®veiieiit Resolution ltio 865 adopted by the f� and of ,Public Works April �.� a� 1921. and the plaits, profile and specifications on file in the office of the Department of Public Works, wbith SO r000ludon, plane, roile and specifications are made a ,part Hereof as fully and effectually as if copied and, sat out herein at full lengrth. The contractor further expressly covenants .and agrees that in the prosecution of said work all proper skill and care will be exercised; that he -- 11 pronPr'j : a-d p o—ct all excavations and dangerous places, and will use all due and proper precaution to present injury to any person or prcn^rty; that in the event p any injury or da,ma.ge resulting frcm the w-)r': or res it*.i�g from a~y matter or thing conr_®cte-d therewitfi or k arlaing therefrom, to any person or property, he v-ill nay are l;c, idate the wane at his own expense, and as- sume the liability therefor; and in the event of any cialm or claims being made or any actiod' or actions being brought against the city by reason or on account of or growing out of s�.id work or its construction, the said contractor will at his own expense _deend the same, and mill pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives ':tom all cost, expense, 'pa ment or judgment recovered in connection with such claim or claims,. action or actions. And ;f- i W'tehiit jet! . ays after any such action is begun, the city shall notify the contractor of Ine pendency ther^of, thin any judg-'ttlent rendered against the city shall be conclusive against the contractor and against the surety tc ilia "tstruetion bond, as to tb- ar.•:ount, liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement at-d m.alce such repairs as may „�, 1.ecessary the period and in the manner as fixed by the specifications, and to secure nie maintenance and repair thereof to file with the Board of Public Works a bond with sufficient surety thereon and in 4n amount as fixed by the ipeeifications. And in doing such repair work the contractor and the surety. on his guarantee bond shall be subject to the sar ie liability to the city and" any other person for any injury or damage to any pers � 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 work, A„;d it is further agreed by and between said fart.as that the acceptance of the work provided for in tlas 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 cc tti•r.ctor or the sureties on his bond for the faithful perfoz',::a - ance thereof; nor shall the acceptance be prima facie evidence of the perform:.nce of an?'provision,of tic, contract, except to the vxtent of entitling the contractor to the contract price therefor: The contractor agrees to pay for all labor Pnd materials used or furnished to be used in the making of auch improvement and in the performance of this contract, whether.done or furnished for him, or. his agctr;.t, assignee, successor or subcontractor; and the city may reserve out of any allowance made on anjxy,estiirtat.e in favor of the contractor or 1,;q assigns, or out of the amount due him or his assigns upon the cortspleti(:n of the work, 'so much as man - cessary to pay all laborers or t:iateriai men for amounts due them fo5• work• done or materials used or curnished to be used in the performance of this contract and the doing o" said work, and the county treasurer, acting as city treasurer, may ret-in rioney co." _ :ted from prope t,- owners assessed for said improvement to pay such debts or until the cc;zt, '-?t they l; c;P ;• +.ave ?, ;�; r-14 or satisfied `