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HomeMy WebLinkAbout10/25/1919 Board of Public Works Special Meeting MinutesPUBLIC IMPROVEMENT CONTRACT. THIS AGREEMENT, lade and entered into this 24th. day of :October 1919 by and beteen Joseph Luther of- the County of St. Joseph, and State of Indiana, (hereinafter referred to as the " Contractor) ), and the City of South Bend, in the County of St. Joseph and State of Indiana, by and through its Beard of Public Works,` (hereinafter referred tie as the " City"), under and by virtue of a,n'Act of the General Assembly of the State of Indiana ent itled " An Set Concerning Munic ipal Cgrporat ions, " a proved march 6,1905, r, and all amendatory and supplemental act siihereto:- Witnesseth, that the contractor covenant's and agrees to construction of pipe sewer in and along Indians Avenue from Prairie Avenue to Webster Street and McPherson Street, Arnold Street, Webster Street from Indiana Avenue to 20& feet south of north line of Oliver's 2nd . Add it ion in the City of South Bend, Indiana at and for t)ie f of low ing pr is as: 800 lin. feet of 15 inch pipe sewer, per lin ft...... .....:$5.25 1605 lin feet of 12 inch pipe sewer. - par lin ft... ........ .:3.10 10 inch pipe sewer no bid. 570 lin. feet of 8 inch pipe. sewer per lin ft ...... .... 1.25 1022, lin. feet of 6 inch conduit pipe, per lin ft..,...... .. 1.00 8 ,5 lin. feet of manholes, per ft in depth. ...........10.00 23 storm water grates, .each ..................:. .... ".......12.50 10 manholes curbs and covers,each.....:.:.°:......:`........`.25.00 and to perforttl all work in the pru.teeution of said improvement under and accordltW to the tertatg and ditions of'Isra rovenient Rnsolittion-No....t)n.. 1 and the Plans, 7.�file._.............. adoptr� by the beard of Public tjV®r!t®..,.,,� Oct ab er 2191919 resolution, plans, rocit and specifications are m:+de a part heof reof he �aspfully and 00m-tment of 6IR1R11Y as It op! d wid Oct out herein at full length, p nd The contractor further expressly cove..nants and agrees th .t in the romectitiati _of' said wot-it 1.11 proper skill and care ...;+1 be exercis e; th.-; he ..."I ^-�n� , - p and `r;1 t , ., , „_ �-! eJtpgv�*ibn5 ��d dati�erdti� �i!$Ce5 t La9C 1 a I p ?7er ra t�,�7:1 too JT_:V 11,«y :ry nerEn,1 of �� p.. ,..,. tn. , s an injury ctr damr,ge resultin r _,, �' tit +hat t fte event Qj g fr�rt t t c�re¢'!i�'.,� frry P--v r *+� or th+?1 �O n r4 a sing therefrom, to any egs^z or fl-oparty, hG'­All n. v a+, 1 d g Pd tfieYetvit t or .some the liabilit therefor-; and in the event of an cl r`��atle th` s`'rie at his Own expense, avd.a5,- y a'r� or el 'ma b. tig tta&d , or any action or actiorl9 being= brotiight against the city by reason or on a,r.cc� tut of or grdcf,ing out of � �:id work or its ce,tstriieticti, the sa ck contractor will •t his own expense defend the same, and will pa r any judgtricnt recovered therein, and will it, all respects fully indemnify and save harmless said city, its o eers, agents or representatives froth all cost expense, Payment or judgment recovered in connection with s ch claim or claims, action Of actions. And ;I within,ten days after any such action is begun, the city Shp -It notify the cont t}?, t+ a +Y jt,d t ent rendered against the city shall be ract®P of the pendency thereof, conch+.sivc against the contractor and against the s,tIrety f l , 89 to th tount, liability and other ti latters pertaining thereto, li-: "Dd a f one t ,suer as fungi by the cnPci.,ca_ic ns, all to s,-C,.re ,.it taiair,tenaii�� a;.a . Q l r. Witht'J9 BA=rd of Public Wori s a bond `, ;th su" dent urety theree a� and in an amount as fixed b A_ n4 in ng su—A repair %work the contractor and the sure: y ;be 4"' r'J rt to the'4 -+e liability to the city and any other person for an ;hour )r da..mo- �arantee bond �h�ll by ;;,' ill talc; eaM+s Manner and to the same extent as is fixed is the last precYeding paragraph coany vering g the pt6,{.. sit ,rcfion work, AM ff is further agreed by and between said parties that the acceptance of the work provided for In ti i cu.itr et, the Payment th rrc�f, shalt rot constitute a waiver on the part of the -city of any of the tol,s Of this aontract, nor shall -it rOease said contractor or th sureties on his bond for the faithful petsfoi=i`e ottre tPtcreoi; trot shall the acceptance be prima facie evide ce of the performance of any provision of thle fpnti,ant, sveept to the extent of entitling the contractor tote contract price therefor, `TO 12Pntractor agrees to pay for xll labor and materials used or furnished to' be used in the inaling of Ankh frrtprgvement and in the performance of this contract, whether done or furnished for him,,or his agent, AsPiPQar successor or subcontractor; and the city may reserve out of any allowallee rns,de on any estleaate ill fAvOr of 016 contractor or l', assigns, or out of the atiloui t due him or his assigns upon the coiiipletion of the worst, No much a$ MR, cessar to a , Y P"Y all laborers or rt�e.ter,.�,l trim for ai;ao+state due 'llaem for wori€ done or materials usea cr +urnished to be used in the erfor; �;;,ce of this coliti-atct and the doing of lgid,work, and the County treasurer, acting as city treast zero n?"? re+yin rrloney eo"k-, ted from property OwnOra aaseased for said lrnprovex cunt to pay such deM.n o • t +. • .. , ; , + t'`-id Ar satinfied ,d r ry:yy dot tlluy h vtl boost ru tl. e%.r,b, and un°:5k'd I 1 ..i't i -in i'ie Sii'- i:s or 5 1 $ .. _'res t f on the co r: ietlon of the imnros+em ^at or the repairing thereo1f. The work of vmking Bitch improv meet shall be tomWeted according to the terins of this contract on or, .L 4.f�� the ....dav of ----- • ... ... ........... 1 .....� yr"im the tirr±e.for the co ;tletion of the sar-t shall be extended in rvr.&t g by the Board of Public or?cs Ar,d it is agreed that any such eaten-lon of tit?2a, or arty aiteratio4 of this cop -tract or of the manner or meth- od of doing such work sbali in no way affect the duties, obliga.tiobs or liabilities d# the cotitrac'tor or his sure- ties. It is agreed that the contractor shall P-t ,s.sign this- cor,+rArt. or :vib-let the work, or any part theredf"tq be clone hereunder, withoot ° } A '.v Yi?" Pn l O.. of the Board of Pvl)T�-_ Works. It is further geed a. a 8tinu'.a-ed +1�+ '� con roc+or ~hall, �j�e to residents of said city and county preference in the emplovrr,-..nt raf A?1 •la er necessary its the .perf4r_nan�ce of this contract, and failing to do so lh!1,11 forfeit to the city the sum of ten dollars for each failure to observe this stipulation. Arid upoh'.the performance of all -the, terms and conditions of this contract, and things to be done and erfarvied by said contractor the said -city 'a,, ees to cause the cost of doir* s h work to be assessed, col- %lected :ind paid to said contractor in the manner fixed by the statute governtug the making of such ixnpi ove- = To eAC& 61 the Conditions and stip"I'Mi=ons 40this contract; . including 'a4'6A ii i4w the `provioions n-1 tcrvia of the pl!nns, ,profile, specifications and resolution aforesaid, thiq undusigneA binds biOas' 8.# gr itoe'. `.; 5id`CEj. 'r (metive sLrccsaor or a.ssi�r S of such harries. In Testimony Whereof, we the Foregoing named parties, hereunto set _ our hands this 24th. day pf October 1919: JOSEPH A. LUTHER CITY OF SOUTH BEND, INAIANA. Contractor. G. A. ELLIOTT �. HARVEY F. ROSTISER _ JOHN F. DEHAVEN Its Board gf Public Works. . ... ° ......... _ _ CONSTRUCTION- BOND. e ... KrLow all men by these presents, That we Joseph A. Lather, of the County, of. St... Joseph: State ofIndiana, as principal and New Amsterdam Casual Company as sureties.. Are. hold. and. firmly. bound to , the City of South Bend, Indiana in the sum of Six. T#pusp4d. Qme, hundred. and. forty s i-c Dollars, (*6 146.00) for the payment of which, well and truly to be made, we jointjry and severalty.bind ourselves, our heirs., executors, administrators and assigns, firmly by these presents. The c and it ions of the obligation ` are such that if the above named Joseph A. Luther shall faithfully comply with the foregoing named contract made and entered into the 24th. day of October 1919 with the City of South Bend, Indiana, and shall fulfill all the c and it ions and stipulations therein c onta ined, according to the ,true intent and meaning thereof, in all respects, then this obligation to be void, otherwise to be and remain] in full farce and virtue in law, In the event the said City shall extend the time ,'for the completion of said work, such extension shall not in any way release the s reties on this bend. This shall be a construction bond and the sureties on the same shall not be held responsible for the maintenance- and repair of the improvement after it has been accepted by the second party, b t suehesureties shall be held responsible for the faithful compliance with all ther conditions, stipulations, and requirements covered -by or set out .in the con ract. Witness our hands and seals th. s 24th. day, of October 1919. The .above bond approved this G. A. ELLIOTT HARVEY F. ROS r L JOHN F. DEHAVEN Board of Public Works. 'OSEPH A. LUTHER NEW AMSTERDAM CASUALTY CO. BY W. G. ELL IO TT Agent & Attorney in fact. nth. day of October 1919• -4 a .3- v6F • South Bend, Ind. October 24,1919. The enders igned,Oliver Chilled" -plow works,' hereby accepts and approves the within contract, and in cons idera,t ion of the benefits : t o be derived therefrom undertakes :.and agrees to pay to Joseph, A. Luther, 'Contractor, the full contract price for any ,ancl all work performed under the terms of the within contract In the .event Tthe final assessment roll in this proceedings includes a, description of lots and parcels of land benef itted, but root owned by s;e icl, sliver Chilled Plow -Works , the unders igned agrees to pay in full any and all assessments des ignated on said f inal assessment roll by the Board ofPublic Works of the City of S ut$Bend, Inld:iana, • .OLPJI,R CHILLED PLOP WORKS BY F. C. RAFT, Agt., Engineer f iled .assessment roll and f inal estimate for Asphaltic concrete pavement on Birdsell Street from Washington Av-,;nue to La Porte Avenue, under Improvement Resolution Me. 609. In the City of South Bend; Ind Tana. ` .Res olved that notices as to the assessmen be published for s iA consecutive days in the S eutli Bend Daily Tr ibune, c ommeric idg.).ctober 27th. ,1919 stating that this Board will give a hear ing on the amount of such assessments at its office in the City Hall on the 5th. day of November 1919 at 7z 15 P.M Resolved further, that the-wAt ire.:work under the above contract be accepted and_ approved &Ad- the; f.ina,l estimate .thereon allovesi. -�-- President.