10/07/1919 Board of Public Works Minutes

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2.20 1 and to, perform: all work in'-the.proseeution of said improvement under and accbrdito the terms aiA-c:�Ya ditlons of Impeovement P.,esollifIdn NO......h.�.lt- , adopted, Board aE public, tNorks. 3is�. 5�, 2919e slid the plsno, profile axad spe!cifirations on le =n the office of the 'De a-tment of Public "Workst wvh%� said resolution, plans,. profile and, specifications are made a part hereof a fully and effectually as it copi'Cd a-ttd set out hereln affull tength• ��o contractor further expressly covenants and agr ns th t in the; prosecution of said work all, proper ®kill tarA cars' 4-11 bm eYart 4d, tb—,, he '1 ^ 01) , 1 r ., ail o .ava tons .ar�1 dangerous,"places, A q fi�l use a.at d,aa �d p�Roer pram 1,1Qa1 io Or'Y + i.jv,y. to , v,.perso i ,rtI ,1 e<J i+ nf any.it ,1t+.ry or damage resuf►i.,g fro:1 the I car *e.� Yl`. g fr?n. -v t 2i f= ` or th!gg rr) ^�F t11eT �41' QY art sing therpfrolf14 to any perc�:t gr properly, he 't t� rev a:r,� 11e ,date tl-e ss .,e at.his own expense: and as- clime *he liability therefor,; and !t ..the evesit of any cla,.m or cla.imsbb ing made or any action or actions b ^a brwLight,a9a+1st,,th6.city.by.reas6:i or on sccount of `or growing out of e_`.id work or its con �trl ction,'.Lh. sa.;4 contractor will at his own expo'nse defend the same, and'will pay any Judgment recovered therein, and wi:I in ail respi�Cts fully jiideiri ify and :save harmless said city, its officers; agents or representatives from all cost, ek-pense; Daym-int or judgment' .recovered in connection tiyitll such claim or claims, action or actions. .,And f ViMn.ire'n days after any such action.ia. begun, the city shall notify the' contractor of the pendency thereof, tb�.n any judgment rettdered'against the city shall be conclusive against the contractor and against the surety on hi - t6r atructieYi bond, as to tb -+.mount, liability and other matters pertaining theret(j. And the.C"tra.ctor agrees VD MaziZt2in S=ii Zui.rilvcn_. 1't raw the pgeriod and to the mantxer,as-fixed by the s eciiica€ions, and to sec are t`le waintenance and repair then _), to file wtthIhe Board-bf Public Works a bond -with sufficient surety thereon and in an amount G* liked by the lVedficatidns, And ins doing Such repair work the contractor and the surety on his guarantee. pond shell be Rubject to, the same liability to the city and any other person for any injury or dainage to any pers,i a or darop- arty in the �same manner and to. the same extent as is fixed in the' last preceding par Atruetion work. agraph Covering the COit,;, 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 not constitute a waiver on the part of the city of any of the provis.. 10115 of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perforrn- anep, thereof nor shall the. acceptance be prima facie evidence of the performance of any provision of this Contract,. except to the extent of entitling thecontractor 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, oe his agent, AEigllee, successor or subcontractor, and the city may reserve out of any allowance made on any estixriiite p favor -of the contractor or ' ' �ssigna, or dut of the anwunt due him or his assigns upon the corrfpletiori of fhe worl;,14o,much as me cessary to pay all laborers or material men for amounts due them for work dons or.. materials use(. arnished to be used in the performance of this contract and the.:doing: OR Said, wori., and .trie county t: e a5..rer, acting as city, treasurer, inaret2_in woney coils cted from proert owners assessed for said impro�cment to pay such debts or uco�il tfe eors.tr•a. y)&id or Rn.tisfied rtc:r 010tivs that they bn;v6 >gr;c.o and ui—.sed material in the sir, ,ts or side a th ":rl. t;c-a� fide ccazi �3the imoro ;m ,t or the repair;rg thereof. The work of xnalcing swrh improvement shall be conl�pjeted according to the terms of this contract on or ......... ..... ....................... mdav 0f....................... unless the time for the corrpletion of the sae shall b,, extended in w .ti :g by the Board of Public Works, And it is agreed that any such exten^ion of time, or any altera*ion of this cc?rntract or of the manner or::•meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his Oure- ties. It is agreed that the contractor shall not assign this contract, or sub -let the work or any part thereof to z be done hereunder,' withoi t the writ,, -en con-, .:,rr 'of the Board of Public Works. It is further agreed ar.d.stipula+ed t}a,t + , contractor shall give to residents of said city'and county preference in the employm _nt of all. labor necessary in the performance of this contract, and failing to do so,. shell forfeit to the sit the sum of ten 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 laid contractor in the manner fixed by the statute governing the making of such improve- 3iif r1t$i. 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, the undersigned binds blidself pr itself, and the respective succlissor or ass x s of Such na.rtie9. TN.TESTIMONY WHRBR"s We, the forgising named parties, hereunto set our handw this, 2nd.., day of October 1919, C t THE WHITE CONSTRUCTION CO. CITY OF SOUTH BEND, INDIANA H. B. DETWEILER BY G. A. ELLIOTT Seey. $AMY F. •ROSTISER : JOHN F. DEHANEN Its Board of Public Works.