|
a,v October 7th-1419, r,*nt.1" i1 *c7 _
<br />The following bonds :andcontracts were approved by the Board.
<br />PUBLIC IMPROVEMeNT CONTRACT.
<br />This Agreement, Made .and entered into this 2nd, day of October 1919
<br />by and between The Wgite Construct ion , Company of the County of Milwaukee, and State
<br />6Ef Wisconsin (hereinafter referred, to as the " Contractor"), and the City of South
<br />Bend, in the County Of St Joseph, and State of Indiana, by and through its' Board of
<br />Public Works, (hereinafter referred is as the " dity"), under and by virtue of an
<br />Act of the General Assembly of the States of Indianan, entitled " An Act Concernig
<br />Municipal Corporat ions, " approved March 6,1905, ind all &mandatory and supplemental
<br />acts thereto.
<br />Witnesseth, that the contract covenants and agroea to construct
<br />pavement on Carroll Streit from Sample Street to Elder Street, in the City of South
<br />Bend, Indian at andafor the following prices:«
<br />590 tin: feet of curbing per tin ft... . . .........- .4s40
<br />425 cu. yds. of 'grad,ing per cu. yd......
<br />1 storm water grate, loch.,. ...... .. ... ,... 10,00
<br />24. lin. feet of- 8" Inch conduit pipe., per lin ft.... .80
<br />11 inlets, reset, each........, .....:.....:. 2.50
<br />3 manholes, reeet, each, . , .......;........ , ..; , , , ... 0 2.550
<br />100 ft. marginal durb per l in ft.•.. . ............... .20
<br />2196 sq- yds. of Trinidad Lake Aaphaltie concrete
<br />'per sq. yd..............:........ 2.54
<br />and t0 perform'all work in the prosecution: of said improvement under and according ..to the tctrzis and c aai•
<br />ditions of- Improvement Resolution too, ._12
<br />-__., adopted by the Board of P�zblic Works ,,..Jul 0 I 1
<br />and the,plans, profile and specifications on -Re -in the office of the Department of Public Work a, wh, . g•
<br />actolution;`: Plans, profile:. and -specifications are made a part hereof as fully and effectually .as if Copied' said
<br />and
<br />set out herein .at full length;
<br />The contractor further expressly covenants and agrees that in the prosecution of said work a.lt pi,til�er
<br />skill and care t gill be exercised; tha: he v:>q on r
<br />,., p d p- o`�ct. all excavations and dangeioi±s places
<br />and rill use all due,ard prooer preca4+ion to or v .;t i ,
<br />ju"v lry person or p c :!rt}•; that, i i «�+e event
<br />any injury or damage resulting from the iv-)-+_ or req-ul fr- frpm a v :*^^t*.er or thin cony ert�r�>th rel�jt«, �r
<br />arising therefrom, to any person or property, he + 11 ray a.* n 1+�<�idate the same at his own expense, Nv as-
<br />sume the liability therefor; and in the event of any- claim or claims being made or any action or actions being
<br />bro,ight against the city by reason or on account of or growing out of s :id v✓ork or its. eonstrt?cti®i�, the s
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and �i:11 {
<br />�11 respects fully indemnify and save harmless said city, its officers, agents or representatives from all. cost
<br />expense, payment or judgment_ recovered in connection with such claim or claims, action or actions, And I
<br />within ten days after any such action is begun, the city shall notify the contractor of tlae-peniency thereof,,
<br />th sn any judgment rendered against the city shall be concitisi ve against the contractor and against th.t sux c ty
<br />e1
<br />n his construction bond, as to tb monnt, liability and othermatters perta ling thereto.
<br />And the con-crGctur agrces tv r_ia:n tain sa>u ;..._ .4 : _ . _. Lit L
<br />the period and in the manner as fixed by the sn-cifications, and to secure ,ae ni ntena_nce si.o rz ar a.
<br />to file with the Board of Public Works a bond with sufficient) surety thereon and in an atnaunt as fixed i� =1
<br />P==
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall 1 w_
<br />subject to the same liability to the city and any other person for any injury or damage to any pers.rn or prop.
<br />erty in the same manner and to the same extent as is fixed in the last preced-ng paragraph coverin the c� r
<br />struction worm, g s }
<br />And it is further agreed by and between said parties that the acceptance of the work provided for in this
<br />contract' or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful pel-forr:rl-
<br />ance
<br />. thereof; nor shall the acceptance be prima facie evide ce of the performance of any provision_ of this
<br />contract, except' to the extent of entitling the contractor tot a contract price therefor.
<br />The contractor agrees to pay for all labor and materials sed or furnished to be used in the making of
<br />such improvement and in the performance of this contract, -whether done or furnished for him, or his -agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estirriate
<br />in favor of the contractor or I- assigns, or out of the amount due him or his ass-
<br />of the work, so much as may gns upon the completion
<br />work done or materials uses : ,urnishedtoto be aused ll bnrthe performers or ance of this conriai men for tract and thetdoirtgf of
<br />said work, and the county treasurer, acting' as city treasurer, inaJ retain mono t
<br />owners assessed for said improverl,ent to pay such debts or v it the co tr .r,;.max o °S` 43ed from property
<br />Paid or satisfied t they b.zve b�,:s:n
<br />41P
<br />
|