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HomeMy WebLinkAbout07/24/1918 Board of Public Works Special Meeting Minutes!vim !0-0 Board met in special session at 10 A. M. All members present. The fallowing contract and bond approved by the Board. PUBLIC_IMPROVEUENT CONTRACT. , THIS AGREEMENT, Made and enterad into this 23rd. day of July 1918 by and between Ileo Harrop of the County of St. Joseph and.State of indiana(here- ina.fter -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 Board of Public Works, (hereinaf6r referred to as the " City*), under and -,by virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations approved March 6,1905, and all .amendatory and supplemental acts thereto: ° Witnesseth, that the contractor covenants and°agrees to construct sewer system in Marquette Park in Wilbur Street, Thompson Street, College Street, and Stocker °Place, in the City of South Bend, IAdia.na at*and for the following prices• - ° 350 lin., fteet of 24" pipe surer, per lin ft.......... $5.35 1300 lin. feet of 30" pipe sewer, per lin ft..,.:..:..; 8.25 2151 lin. feet of 10" pipe sewer, per lin ft... ...... 2.35 1176 lin. feet of 6" pipe sewer, per lin ft............ .75 1520 lip... feet of conduit pipe, per lire ft.,.. .75 130 manholes, eacl,.....................................5.00 37 storm water grates, each ........ ...................8.00 12 manholes, curb ono d covers, each.........s,.......13.50 rM a 70r 111e prosecution ol said im royernent under and according to the terms and con- )rs of Improvement P.- solntion. o.. S a ............ i by the Board of Public 7✓orr-s. ° and rb _ plan ., profile a< r s»eczfi a'�ions on fr.,, ^. Ole ofi;.�ce of Depa ,nie:mt of Public Wor�, wh .h said res,)l! do �., p'a.rs, proA'� and specifications are made a part hereof as fully and effectually as if copied and set 1-it herem at full lon t`z. con,'ractor further expressly covenants and agrees that in the prosecution- of said work all proper skiff, , care . ='1 be exercised; tb: t he -`il prop�r r . r,.:; p• •,tpk t all excavations and dangerous places, and ';I Use <^?� &ie and p"n er p-reca'i¢2on t0 prev� It 1 }!1' y t 3 ny perSori or prori rty; that l>l Eire event n; any ani.i;ry or damn. e resulting from the war'_ or res!.lt�ng from ary *nattf�r or thing connected therinvi'h or arising therefrom, to any persnn or property, he w;l.l pa.y arli 1ir!111idate tbe_same at his own expense, and as- sume the Iiability therefor; and in the event of any claim or claims being made or any action or actions iW;= Ig brought against the city by reason or on account of or growing out of s,+.id -work or its construction; tht, sa;d - 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 J within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against the city Shall be conclusive against the contractor and against the surety bon0. as to the amount, liabift and other matters pertaining thereto, aa {11, .�� i;.1:_ <,c�., i1r ..��=GS i4• :Ta.� __ _(: ,. ,_.. ,._ ...., ._.. _ _ .. _. ttl r Yk---d &sd IS 6414 naaa: -ucr as tixcu.by the STWIC. _.`,. -_!O .u, a-1i•, 'Lo to stl" {'<'im Vic Board of Public Works a bond_ Y,-4th s1a. i Pnt s ';!_, _ sl; 4 floc,*zoF'$. Arid in ciong such repair Nvork the coIitravt c ! 7 r contractor and th ei 0,ct to the same liabili y to the City and cl11y ©iimcr �c rson for a �y �Iialeiy i 2I_.i'_: 6i7 o iy a:_; erly in the wale maaner and to the same extent as is fixed in the la.s- p ec dzf,g c ,tt= it, -action work. And it is further agreed by and between said parties that the acceptance of the work provide{' for it e1A contract, or the pa.ymcat thereof, shalt not constitute a warier on the kart of the city of any of ti_, p`°O"''- sous of this contract, nor shall it release said contractor or the sureties on iris bond ►or the fa'1Th ul pdrf r - ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of thls contract, except to the extent of entitling the contractor to the contract rice therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the making of ouch 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 his assigns, or out of the amount due him or his assigns upon the completion of the worl:, so much as may be necessary to pay all laborers car materiai 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 paid worn, and the e my treasurer, acting as city treasurer, rrpqy retain money cdllected from property iwnero asaessed for said improvement to pay such debts or"i r til'the contractor shows that they have been ohN or eatistied .. 151 * .n;1.c ^'! r,;',:'^i�, earrh. zrtd uni-wd mate. , in the streets or sides l." Co- i :.nh °tine °v r, O ".'ri1 it or *Lhe rel)2+rir:7 fbh rocr. or �c t t at trn pl, ii' Dr rlent sha.il be cornnlet-edyB,.r (�7.'- 1to`the terms of this, contract v R f C ve the ....... 17S...t ... day of (.{G/L/ *' {/` �`.................................,...._, I. ; u.r:e;ss the iim for `ri ,r: ale~ or of "be sa• -e c�t iz b", es.+ rrl d it �, " 1-y t1' Eo^r.rd Of �itl?l:c E,.-rd it is agre rl `bat a:,y c.7rh ..Voter: ion 05 titre-,_ or -)-y al.f^rS you of this contract or the ma n—ne " C _. od of doing st:cil work ;P^?t Fn' v9 way a5fAct f-he dU t^g� obliges t0',s or J;Pbilities of th., ontrartor or 1, tri's. l.t is agreed that the .cnn,ia(- r -Ii- li n-t �,ssiga i'his corfvr r'-. or svh-1,-t thA work or any part therec be done hereunder, wi*r<; �i ,1 ,• ;.i r+' 'n if the Board ,v Public Works. it is further agre•:d n. d i;3a s :d *'..,: r_�n:r st; : ? +:o residents of said city acid cc tr preference in the employrri �c.,ssary iI tl+e r.rforr1 .rce of this contract, and failing to do so, shall forfeit to the city the sum o, -m, ubl'a's for each `ailvre to observe this stipulation. *Arid t pbfi tide' Oerllorrfiarfc� of a:i the t�: rms and conAitions of this' contract, and things to be done r. pperf'drmed by said co itrarator the "dd •city agrees oaua e the cost oz doing such work,to he assess, d, Iected and paid to said contractor in the manner fixed by the statute governing,the making of suck, irnt c �'� meats. -To'each_of.the condi'tions-and stipulations of this contract, including all and singular the pro -,`o as r, terms of the plans, profile, specifications a;sd resolution aforesaid, the undcTsigled binds �, q d the respective successor or assigns of such parties, IN TESTIMONY WBEREOF. We, the foregoing named parties, hereunto set our hands this 23"rd . day of July 1918. GEO. A. HARKOP CITY OF SOUTH BEND, IND IANA. CONTRACTOR BY GILBERT A. ELLIOTT H. F. ROSTISER JOHN 7. DEHAVEN Its Board of Public W or ks . CONSTRUCTION BOND. Know all men by these presents, That we Geo. A H&rrop of the County of St. Joseph, State of Indiana, as pr inc ipal, and New Amsterdam Casualty Company of the C ounty of and State of New York as sureties,. are held and firmly bound to the City of South Bend, Indiana, in the sum of Eleven Thousand Two Hundred and sixteen Dollars ($11,216.00) for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our hire, executors admi.nstrators and ass igns, f irmly by these presents. The c and it ions of the ob 1 igat ion are such that if the above hamed Geo. A. Harr op shall des ithfully comply with the foregoing contract, made and entered into the 23rd , day of July 1918 with the City of South Bend, Indiana, and shall fulfill all -the c and it ions and st ipulat ions there fn c ota 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 force and virtue in law. In the event the said City shall extend the time for the c omplet ion. of said work, such extension shall be not in any way release the sureties onthis bond. This shall be a construction bond, and the sure ices 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, but such sureties shall be held responsible for the faithful c ompl ianc a with all other c and it ions, st ipulat ions and requirements covered by or set out in the contract. WITNESS our hands and seals this 23rd. day of July 1918. GEO. A. HARROP NEW AMSTERDAM CASUALTY CO. BY W. G. ELLIOTT, (S E A L ) Agent & Attorney in f ac tz. THE ABOVE BOND apprpved.this 24th., day of July 1918 GILBERT A. ELLIOTT H. F. ROSTISER JOHN F. DE'HAVEN BOARD OF PUBLIC WORKS. CL President.