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HomeMy WebLinkAbout07/10/1919 Board of Public Works Special Meeting MinutesPUBLIC IVROVEMENT' C'�3TRACT This Agreemext,. Made a>�; 'entered -into this Loth,;, day of July 1919 by axd -between Joseph A. -Luther of t1.e County -of St. Joseph and Staate of Indiana, (hereinafter ref, reed -to as the " Coxtr;aetor" )' and the City, of South. Bell is the Counter of St.. Joseph:, and State of IAdIana, by ind through its Board- of Public Works (hereinafter reforred. to as the C try), .uxder and by virtue of Act of trhe Geweral Assembly of the State of Indiana, entitled K An Act Gofteernin$ Mulllticiptl Corporstions, &pproved-March 6,1905, and all emendatory and supplemental sets thereto: Witmes eths that the contractor `covenants and agrees •to water eorneet ions, on Hirner Street, from Allen _S`treet to Blaine 'Avenue in the "City of South. Bend, Indiana it and for`t&- fallowing priees:• 4 tape, on 4 taps o the, bbort sidep,, each.,...;..... 16.00 and to perform all work in the -prosecution of said improvement under and according to the. terms and con- ditions of Improvement Resolution No. ...691------------- - adopted by the Board of Public Works... 14 1 ---3 .1919. and the plans, profile and specifications on file in the office .of the Department of Public Works, which said resohition, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. he contractor further exlp es ly,coveriants and agrees that in the prosecution of said work all proper skill ind care `l h eke .., ; th .` he ^ on :l ; ,', t all excavatio:n"s and dangerous places, and `PI use;F11 dii r p n i•r Dr-, ? ij.Ju t� Jr,:�:,.. r �tUttry } 1 ry person or p �.,_t`,, te,} i�p�nf r`f any injury or d: m-n. —' resulti*19 fr yJ 't! or from, —V m-1_tter or fhim! �nnr-' .r ! or arising theri-from, to ary pei-F -i or p::,perty M 11 r',v ?. n lip ;date the %61111e at hi- mvn expfns'. ,n t sue the liability thereior ; are in the e ent of any c aim or elairis being rf-id,e or any action r- a -bons h brotight aga;n t the city by reason or on ^,'count of or grolvilig out •d yr r` or its c-T-trilrtion, ; s- -j contractor will.at .his own expense defend the same, and grill pay airy jui fitment recovcr-.d tit ,r6n, and v::' ; •.r all respects fully indemnify and;save harmless said city, its Qfficets, agents tir repreRntatives froin expense, payment of judgment- recovered in connection "with! Sch u" claim or claims, action or actiots l within ten days after any such action is begun, the city shag notify the contrac*or of tz; tiim any judgment repdered against the city shall be conclusive against the contractor and against the 9t*f4-Y an his construction bond, as; to tb mount, liabifity and other matters'' pertaining thereto. And the contractor agrees to maintain said improvement and snake such repairs as may be necessary f, , the period and in the manner as fixed by the s*ecifications, a d to secure tiie maintenance and repair thereof to file with the Board of Public Works a bond -with sufficien -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 same liability to the city and any other person for any injury or damage to any person 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. And it is further agreed by and between said parties that the acceptance of the work provided :for in this contract, or the payment thereof, shall sot constitute a waiver on the part of the city of any of the provis- ions of this contract, nor shall it relea -e said contractor or I he sureties on his bond for the faithful perform- ance thereof; nor shall. the acceptance he prima facie evid nce 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; • nether done or furnished for him, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any esfirriaie in favor of the contractor, or 1- assigns, or out of the ar:o tit due him or his assigns upon the completion of the work, so much as ma- cessary to pay all laborers or material men' for amounts:=due them for work done or materials user, .: rurnished 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 Corseted from property owners assessed fer said improvement to pay such debts or until the contractor shows that they have laetrs ,paid or satisfied e cc .. ;reps to remo- i all ruSI)ish; earth, and nn?zsed material in the. streatS or sides eierQot upon the completion of the improvem-:nt or the :repaYng thereof, The work of making siirh improvement shall be come ed according to the.texms of this contract on cc ieiore she.. lAth.: 1 --.-:.day of...........- Q.0 0b r .. �19....:: , 19....:..., unless the time for the completion of the sarle shall be exte _sled in *r.ti;ld by the Board of PublicWorks' And it.'is agreed that- any such eeten=ion of dine, 47r =9i+V al+e a*ion of t f;s-crintr act; OrOfthe. Enariner of :math od of doing such work shall in no way'affeet _he -'duties; obli a.tinns or fiat► l ties of she.contractor. or his'sure-' ties. q. It is agreed that tlie contractor shall not assign this contract, or sub -let the work or any part thereof to be done hereunder, without the Y it en c,o `,ni of the. Box of,Paihlic.VfJerks.: It is further agreed• and: sripula:t.A that, +.t contractor.' hall give to residerits_,of .said city and county preference in the employment of all labor necessary in the erforrrance of•:this contract, and failing to do so, shall forfeit to the city.the sum,of ten dollars for eachr, ail,'re-to observe this stiptulatton ' And upon the performance of all the terms arid mi-nAiti ns of this contract, and things to be done and performed by said contractor the. said :city agrees_io'cause_ t e cost of. doing such work to be assessed, col• eCted and paid to said contractor in the mariner fixed by the statute governing the. making of such imrove- mer�ts. • To each of the, conditions and stipulations uttLiis con tract, including all and singular the provisions and to�is of the plans, profile, specifica:tjons 'and rdsr lution aforesaid, the undersign'ed binds himself or itself, uad`-the_respective successor or assigns of such parties. IN TESTIMONY TBER£CV, Ve, ;the foregoing' named' pert tear hereunto set our heade this loth -.Ls day of July 191.9. CITY OF SOUTH BEND, INDIANA. JOE t.UTHRR, Coatr"tar. C . A.:' `ELLIO !� JOHh1 .F. DE - Ito Board of Public Works. 32i PTJBLIC I IROVE'I+ NT' CONTRACTS This Agreement, Made and entered into this _loth., day of July 1919 by aid - betwee%_ Jossph A. Luther of the County of St, 'Joseph and' State of Indian& (here- inafter referred to ais the ",Contractor*), and t!he. City `of South Bend, in the County of 'St. ,Joseph, and State of In.dlana,- by S;d through its board of Public Works, (hereinafter referred to an the City ) ,; uador and' by virtue of an Act of the General Assembly of the_ State of Indiana,1 entitled " Ah Act Con oernIn Munc ioat Corpedation;s, " approved March 691905lb !and all ameodato ry and supplemental tkx' sets',theret.o:- W1ateseeht, that the c ontraetor covenants and agrees to eon'struet water conxeetions on. Lindsey -Street from .Portage :Avenue to ,;Blaine Avenue, in the City of South Bend,; Iad Tana atnandofor- the Following, prices: :taps- one long Blde; • `aaeh::, :....- `. $20. 00 7 tape on, short• 9-ids-,each..:'..", , . ... . .:....:..... 17,00 and to perform all work in the prosecution of �41 improveriiexit under and according tq :the te>riiia aml con• ditions of Improvement Resolution No.....@2 ; �, tdopted`}�ythe Board of Public Vworks.:.:c..?'• 19. and the plans, profile arid specjfica+ions on file in the office bf th ,. Department of Public, Works, w# ich said re-0-V tof ,plans, profile ai3a specifi4a ions are made r part fierecxfk,as fully and effectua9l as if copied and $et outt.herein at full length:) ire eon+ractor further expressly covenants and agxees that in the Prosecufii of said K�ork all proper halliecare • +'1 $ eed, th t he ll p aP ;''.� .r ^, d i �� all ea:cavat±ons zn dangerous pla{=�s anc xercis and o,�1 use nit due ar+d pry per pr*_64.64tion to prevet t iti�u�v t�i;iry person Or Fi � 3*`V a#ilt itljury or di.r take resultini 60im.tha w' rt ttr, re-±ili:irl from a 'y raatter .or thing �onr ^'^�r� tti r^•,v '�, or 04ing therefrom, to sriy pqr Q!i or property, he f 11 paq•!ar�l lint�idate` thz s tee at h±s own e..pens�, � .d - write the liabilitX therefor, aiid in the event bf afiy elaiin.or claims,bein., made or atiy ac iori r art ons t1 bro { ht gat*tsi%rite city by reast�#i 4 oi'l. a.c�unt 6_.pr grox�ii g out of s- iv rl. tie its co" trt.atic�n, col tx'i tox ili'at his own expeiise'defend the same, and will pay ariy,judgment recovered therein, aad v,­� 1 i i all a pect fully lift' t iiify Arid sate harmless said city; its"officer's; agents or representatives from aJl cost, expense, pa meat 4 judgment recovered in connection with ;fuck claim or claims, action or actions. A.?d f witliixl tenay$ after ati such acfiazi is begun, "the city shall notify tte `contractor.; of the pPr_�iF cy ther ^f, then any judgment re>wtdered against the cit�"zz sttalf be conclusive against the contractor 2nd against the surety �n`bis ccuzstruction end, as, to tb 44U' outtt, iabi131ty and other. matters pertaining thereto. f"111 "Cl cvntraCror, agieiis,-to YTain.a1n.511G 11latJJ��I ent-a?-d ma' e.such repairs as way i:z the period ai?d in the manner as fixed by the s�ciScations, and to secure ule maintenance and repair til ;i to file with t'�e'Board of Public Works a bond vrith suf6cient surety thereon and in an amount as n_:ed by ,<<W 'specihcations =And in doing such":repair work the contractor and; the surety on his guarantee bond shall be. subject:to.the.sar.e liability tie city and any oilier person for any::injury or damage to any per �;, or prop- erty in the sarne .xrianner and to tile, same extent as is fixed im the. l'•ast preceding paragraph coveri-ng the con- struction work. A;ad it is further agreed by and between said parties that the acceptance of the work provided for in this contra:ct, or the payment thereof, shall not constitute a waiver on the part.of the city of any o.i the provis-- ions 'of this. contract; nor shall it ri;lease said contractor or the, sdreties on hisbond for the faithful pertorni- ancethereof; nor shall the acceptance be prima facie evidence of the perfortance 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 assigns, or out of the amount due him or his assigns upon the completion of the work, so much as ma- cessary to pay. all. laborers or � materiai rnen for amounts due them for work done or materials used �urnished to be used in the performance of this contract and the doing of said .work, and the,county treasurer, acting as city treasurer, Tr ay retain money colieeted from property owners assessed for=said improvement to pay such debts ,_.R i1 the contractor shows that they have been id- or satisfied " )lie cont-a^'or agrees to re.mo 2 all.rub:iish, earth, and um-i_ed material in the streets or sides theraot upon the completion of the improvement or the reparing there f. The work -,-of makin such improvement shall be completed a cordin to the t r s9of this contract on or before'. the ---- 1 -Oth. - ..... day of..------------Qe-Vober -i 19 unless the time foi- the comple+ion `of the same shall be extended in wr `i:ll" by the Board of Public Worl�s; end _it is agreed thaf'aiiy-such Pt.e,n!Zion of t�± i 'or afl al±era°io. of *leis cc ntraet or o` the in or meth- od of °doing such work`shall in .uo' way affect the duties;'obligatio s or liabilities of the contractor or his sure- ties:: ht is agreed that the contrac orshall not assign this contract, or sub -let the work or any part thereof to be done hereunder, without the n co -nt of the- Board of Public 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 1 cessary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of tcn 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 statue governing the making of such improve- ments. To each of the .conditions and stipulations of this contract, including all and singular the provisions and terms of the plans, profile, specifications and resolution aforesaid, th+e undersigned binds himself or itself, and the,respectibe successor or assigns of such parties. IN TESTIMONY WHEREOP . We, the f regoing named parties,, hereunto :sot our haasda 'th1s loth. ► Y da of Jul I 1 Y9 9•" . JOE A. LUTHER Co tracbm CITY 0 F, SOUTH BF,ND, IND IANA . A. EILTO TT' , VOW P DEHAVEN _ Its Board of Public Worka�. Pros ideAt.