|
This agreement , Made and entered iln.tothis 17th. day of May
<br />1923 by and between Willis -ton Construction Company of the County of St. Joseph. and State
<br />of Indiana (hereinafter referred to as the " Contractor"), any; the City of South Bead,,
<br />in the county of .St..-Jeseph, and State ' -of Indiaata, by and through its Beard of Public
<br />Works (hereinafter referred to -as thr " Ci.ty"), under and by virtue'of an Act of tke
<br />General Assembly of the State of Ind�aga, entitled " An .Act Concerning Municipal Corpor-
<br />atioate, approved March 6,1905, and all ameaaddtery ;(adsupplemental acts theretos-
<br />Witnesseth, tbat the contractor covenants and agreos to construct sheet asphalt pavement
<br />using Mexican Asphalt on Yukon Ave, from Portage Ave. to Riverside Drive, in the City of
<br />SoutFt Bead, +Iudians at andfer_the_fellow g_prices�_
<br />Curbing per tin •ft.
<br />60
<br />Cement walk per sq::ft.
<br />64 lia3, ft. of conduit pipe per list ft. 1100
<br />4 inlets new each - �'� 5 4 inlets .reset each
<br />3 ,mgahelecurbs ..and covers reset each .3.00
<br />441 ou yde . of grading per cu, yd, .so
<br />56 Iih. ft.,-of:marginal curb` per lin ft. .40
<br />1739 sq. yd$ of sheet asphalt pavement
<br />usingg max loan. Asphalt per sq. yd. *IV
<br />-xtm all work in the prosecutionof said improvement landeusad accordhW tp.Oft t "a,
<br />416-fnfs of Tmprovement Resolution %io . adopted by. the Board of- Public. Works...... th. ,1923 .
<br />and the plans, profile end specifications oil ile :n the- ofce of t1'ie Lepartment of Public Wearks, whIth
<br />tes lotion, plans, profile' and ,specifications are made a part hereof as fully and effectually its if eopled and
<br />set out herein at f171 length.
<br />`the contractor further exoressiy c6verlants;and agrees that an the prosecution of said work R11»proper
<br />care ;•-M be exercised; that he .`11 properly - - 1 F a`^wt all excavations and dangerous places
<br />Etnd ,;11 use all due and prop er preca it' n to pr_-v t init ry to .>r_y person or p:renerty1, that in the fluent o
<br />ally..Injury or dams.ge•_reit 14ng from t'.ne v -)r'- or res 1.1 g fall, a-.v r ,,tier pr thing connected therewit� or
<br />arising therefrom, to arty person or proper`,, he 11 rav a",^ ltc.wicfate the same at his oven expense; and as-
<br />sume the liability therefor; and in the event of ally cla:rz or claims being made or aq,actlon or actions bein _
<br />brought against the!city by reason or on account of -or growing otit o£ s^ d work or its construction, the sal
<br />contractor will at his own expense defend the same, and v; ill pay any judgment recovered therein, and will in
<br />all respects fully, indemnify and save harmless said city, its officers, agents or representatives from all Cast,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. And 'f
<br />within ten days after any such action is began, the city shall notify the contractor of the pendeneY thereof,
<br />then any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />On hit &istiuction'bond, as to tb- amount, liability and other matters pertaining thereto.
<br />Alto o* a nactor agrees to maintain said improvement and .make such repairs as max b� z�eEeesa.?� foe
<br />010 eried end k the tnaiimer as fixed by the svPci cations, and to secure the ntainteum►ee and Topalf the-N9f
<br />fP Me With tN Baird of Public Works a bona with sufficient surety thereon and in an amo' uut &8d b the
<br />ApK-if6l 0006, And In doing such repair work the contractor and the surety on his guarani ce b@nd 4 1f bs
<br />I10*0 to 64 ism! liability to the city and any other person for any injury or damage. to any paean or pFop=
<br />erfy In the Rame #3a=er and to the Same extent as is fixed in the last preceding paragraph coverl## the voh}
<br />Atria -flan work,
<br />And it is further agreed by and between said part;- that the acceptance of the work provid4for In this
<br />contract, -or the payment thereof, shall not constitute a waiver on the part of the city of any of the provig=
<br />10114 of this conimet, nor `hall it release said ccntractor or the sureties on his bond for the faithful perform=
<br />anee Cheroot, nor shall the acceptance be prima facie evidence of the performance of any proviAwn of this
<br />VQ1104016 owept to the extent of entitling the c&tractor to the contract price therefor.
<br />The s�trwtor a roes to pay for all labor and materials used or furnished to be used in the snaking of
<br />filch imPrOveMeat and is the performance of this contract, whether done or furnished for him, or his egsnt,
<br />1KOff 40, I tceallor or subcontractor; and the city may reserve out of any allowance made an any @nfifiato
<br />in fava Of the contractor or I— assigns„ or out of the.amount due him or his assigns up®n_>lbe OMP14104
<br />of the wont, so mach as mad-cessary to pay all laborers or material men for amonnO 49# them W
<br />Wo) 4 ►4 VC sAaU441% used or furnished to be used in the performance of this contract and the. dweg' �
<br />said wear14 and the county treasurer, acting as city treasurer-, ntay retain money eollt a-ted from prdpMy '
<br />owner*. assessed for said improvement to pay such debts or uutsl the contractor shows that ttor imve tc
<br />paid Or satisfied
<br />ua, e cs to remu- , all ra'.i', s i, earth. and unt sed material in the stretats or atria: thereon
<br />upon the completion of the improvement or the repairing thereof.
<br />The work of making such improvement shall be comnleted according to the terms of this contract. at ar ,
<br />before the ................. — ------- -- -day` of__ 19..........0
<br />unless the time for the completion of the sar•e shall be extended in writs-:g by the Board of Public W(wits.
<br />And it is,agrreed that any such extenzion of time. or any alteration of this ccntraet or of the manner :or math-
<br />od-of doing'such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor shall not assign this c.nr *rant. or sub -let the work or any part thereof to
<br />be done hereunder, without the written cons:nt of the Board of-P-rblic Works.
<br />It is further agreed and stipulated that t'Ae contractor shall give to residents of said. city and county
<br />preference in the employment of all labor necessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be done and
<br />performed by said contractor the. said city agrees to cause the cost of doing such work to be assessed, col-
<br />lected and, paid to said contractor in the manner fixed by the statute governing the making of such improvem
<br />ssients. ,
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />teruns of the plans, profile, specifications and resolution aforesaid, tho under4i$ned binds himself or itself,
<br />and the r"pective successor or assigns of such. parties.
<br />In Testimony Whereef, We, the foregoing gamed parties, hereunto
<br />set our hands this 17th. day of May 1923.
<br />CITY OF SOUTH BEND,.INDIANA.
<br />BY L. B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F. 8ON ?R
<br />Its Board of Public Works.
<br />WILLISTON CONSTRUCTION COMPANY
<br />BY E. A. COATES
<br />Pre s ident..,.
<br />Contractor
<br />
|