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HomeMy WebLinkAbout05/21/1919 Board of Public Works Special Meeting Minutes.B card met in s joec 1a,1 seas ion at 10: 00 A.M. Mr. G. A. Ell Iott abse nt The Board ordered the City Controller not if ied to release check of Bruno De Paepe on. East La, Salle Avenue, Thy f of low ing contract a ppr oved by the Beard. 'PUBLIC I-MFIROVEIEN'T CONTRACT. THIS AGREE NT, Made and entered into this 21st• day of May 1919. by and between The Western Construct ion Company of the County of St. Josep j and State of Ind Tana (here insfter referred to tim as -the " Contractor"), and the City of S ouch Bend, in the C ounty of St. Jose ph and State of Ind isna, by and thr .ugh its Board of pubt}ic Works , (hereinafter referred to as the-" City"), andar and by virtue of su Act of ,the General Assembly of the State of nd isna, entitled � An Act Concerning triunic fps 1 C orporat ions , ", a ppr oved March t�,1905 9 a d a5 ll amendatory and supplemcntai sets thereto: witnesseth, that the contractor covenants and agrees to construct as nra it is concrete pavement on Sherman Aveme from Lincoln way West toportage ,Avenue, in the C ity of S outh Bend, Ind?_ ans, at and f or the f 0110W ing prices: - curbing per lin ft••.•.•.••............................$ .30 2483 a u. Yds.of grading per c u. ;,+d ............... . • • • • • .. • • • • . 75 10 storm grates, conduit • • • p• • • • • ..T•aaT-- ......... • ... , ....... w 9000 280 lin. ft. of conduit pipe, per lin �it..-..•.•00•.._••..•••••w 070 240 lin. feet of marg Inal curb, per lin ft.. w ...........:..... .17 20 inlets, reseeting same, each••• ••............_.......,,.... 2.00 6 manholes reset, eac,h... ... NNNNNNNNNN • . • ........ , ..`, ...... 2.00 9750 sq . yds . of . Tr inidad Lake As pha It is c oncrote pavement per sq.w.............................. 2.27 to perform all work in the prosecution of said improvemi6tit under and according to the teripa$ and con- dtrfors of Improvement Resolution No: _0"; .....--., .aadopted by the Board of Public I�Torks_�_/_.. �__.__.__. g I9/qr and the Plans, profile and specifications on file in the vtfice of the Dcjaartment of Public Works, which id �� resohztion, pla.hs, profile and specifications are made a part hereof as fully and effectually as if copied- and set out herein. at fuil length. The contractor further expresslv. covenants and afire-s that in the prosecution of sail work all proper skill a-. l care - 'l be e.:crc s_-5 ; tf:i t he --rill prirs._r' .r ar-d Fro .rt all excavations anal dangerous places, and '1 use due pYecw-wt=:on to prevent initt y .tb ;ny person or p_ :ty; that in the event _f any injury or damage resultint #tetra tb- U­.)rl, or resulting from ary trotter or thug ronr cted the.rewit'I or arising the-refrom, to any perr�'�0r#f6#ietfY hr-t +ll pay and li4lAitatt the-'. at his own* expense, and as - Wit* the liability therefor; and in the event -of any claim or dlaitis ieiu -made or any action cr actions b: irg ' bro tght against the city by reason or on account of or groW1rag OU 1ol SM WOrK or its construction, s3;1 edfitractor will at his own expense, defend the scime, ani'vn pay -any- jud in recovered therein, and v .! in all fespects fully indemnify ani save harmlZss said eity,. ifs c gets; agents or. representatives from all cost, expense, payment or judgment recovered in connection wi sue, rearm or claims, action. or actions. A , l f within ten days after any such action is begun, the city shall notify the contractor of td,, nPrdarcy Cher then: any judgment rendered against the city shall be conclusive against the contractor and against the suret,. on his construction bond, as to th 'amount, liability and other matters pertaining thereto. A_.,d the contractor agrees to maintain said ar::; 11fi.ve such repairs as nmy n<.c .ssa_ ; the period and in the manner as fixed fry the specifications, and to secure me viaintenance and repair ther to file with Vie Board of Public Works a bond faith sufficient surety thereon and in an amount aq 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. Aral it is further agreed by and between said parties that the acceptance of the work provided for in this contrast, or the payment th -r.of, shall not constitute a waiver on the part of the city of any of the provis- io-:s of this contract, nor shall it r::lease said contractor or the sureties on his bond for the faithful perform- arce 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, sue ssor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of-ontractor or ' '-.=-igns, or out of the amount due him or his assigns upon the completion of the wort, much as rra- cessary to pay all laborers or material men for amounts due them for work done or materials use(. <-arnished to be used in the performance of this contract and the doing of said wort., and the county treasurer, acting as city treasurer, may retain money cold&+fed from property owners assessed for said improvement to pay such debts or until the contractor s4ows that they have bier paid or satisfied A s ter,_. w ec to rerno a.11 ru-J`D�,sn, eamh. and unused material in the str�, its or sides the obi upon the completion .of, the improv xn nt or the repairing thereof. 3 The `cork of malting s cii .improvement shall be completed a cording• to th�e�t-o�s of this contract or} or before the-------------- -- ............... ....-day of �'�`�"'�.........................q / ...., 1 un"less the time for the completion of the oar shall b A ,*e by.the Board of Public W rks. As+d it is agre:d th .t any such �,tel."ion -)f t. c ary altera+ion of this c retract or of the manner`Gr meth- od of doing such work s1a111 in no way of ect the duties, oiligstio i or lizhilities of the contractor or his sure- ties. , It is agreed that the contrac-or shah not � ssig^ this cant a t, or sub -let the work or any part thereof to � be done hereunder, ithi,: f- th-,Ir,n I the Board cP bli-c Works. It is further agreed -r l :.,htiiu , d *' -a: c-ontractor shadl rive to residents of said city and county preference in the ernployrn., rii of all la` -,or scary in the performance of this contract, and failing to do so, shall forfeit to the city the s unn o ten del« •-s for !a.ch to observe this stipulation. And upon the performance of all the v, r-ns and conditions of this contract, and things to be done and performed by said conLractor 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 malting of such improve - meuts. To each of the conditions and stipulations of this contract, including all and singular the provisions and terms of the r0^ns, profile, specifications ancL resolution. aforesaid, the and Mgned binds himself or itself, and the respective successor or assigns of such parties. IN TESTIMONY WHEREOF, .We, the foregoing n ed parties, hereunto set our hands this 21st, , day of May 1919. THE WESTERN CONSTRUCTION CO. Fred Ratkort Pros. CITY: OF SOUTH BEND, INDIAM, Contractor. By HARVEY F. ROSTISEB Its Board of Public Works, :ONSTRUCTION BOND* now,_ al men by these ,presents ,,, °That we The Western Construction Com- pany of the C+oulaty ,qf .St., _Joseph,, State: of Indiana as principal, and Now Amsterdam Casualty Compazy of the County of Now York and State: of New York as sureties, are held and firmly be,und to the City of South BeAd, Indiana, in the sun of Twelve Thousand ooze AAAAred :anti :etlgl%ty seven ($12,187.00) for the payment of which, well ad and truly: to ,be x►ade:,, we jointly. end ,severally bind ourselves, Our hears} executers administrators and assignee, firmly-by.those, .presants. The conditlens of the obligation are such that if the above named The Western Construction-Co.shall-faithfully comply with the foregelag named conctract, made and entered Auto the 219t. , day Of May 1919 with the City of South Bend, Ind ana, and shall fulfill all the conditions and stipul tions therein contained, accord lag to the true Intent and meaning thereof, in all respects, thont -his obligation to be void, otherwise to be and remain in full force and virtue 'iu law. In the event the Said City shall extend the time for the completion of said- work such extens ion shall not -lit any way release the sureties on this bond. This shall be a construction bend, and the sureties on the same shall not be hold rospos.ibie for the maiatonazce and repair of the improvement after it has been accepted by the second party, butspch sureties Fall be hold responsible for the faithful cmmpliance. with all ether conditions, stipulations and requirememb covered by or set out in the contract. WITNESS Our hands and seals this 21st.; day of May 1919. THE WESTERN CONSTRUCTION COMPANY FRED RANKEWT, Pros. The above bead approved this 21st., day of May 1919. HARVEY F. ROSTISER JOHN F. DEEAVEN BOARD OF -PUBLIC WORKS. The Board awarded the contracts for the pipe sewers on Haney Avenue and Linden Avenue awarded to L. H. Webster at.....$ 21,175.80 and $864.10 The Board ordered .all bids received on Kosciuszko Street sewer system rejected and bids advertised for on the 24th. day of May 1919 and 319t. day of May 1919 bids to lie- -received June l7th. ,1919 at 10: 00 A M. The Board deferred the making of the preliminary order for pavement on, Studebaker Street Un4il `Teouda Y May 27th.-91919 at i0: OO A.M. . �....� Vies ant.