07/28/1920 Board of Public Works Minutes

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790 'a' The following bond and contract approved by the Board. PUBLIC IIMPROVEMENT CONTRACT. This Agreement, Made and entered into this 28th, day of July 1920 by, and between McCready Construct ion . Company as Principal and the Aetna Casualty gompariy of Hartford, Conn, as surety of the County of St. Joseph and State of Indiana ( hereinafter 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, (hereinafter referred to as the " City"), .under and by virtue of an Act of the General Assembly of the State ,of Indiana, entitled " An Act Con- cerning Municipal Corporations, " approved March 6,1905, and all amendatory and supplemetal acts thereto:- Witnesseth,, that the contractor covenants and agrees to construct ° concrete pavement on Alley West. of Main Street from Marion Street to Madison Street, in the City of South Bend, Indiana at and for the following prices:- 57 cu. yds.• of -excess fill per cu. yd....1.50 18 cu. yds .of grading per cu. yd......... . ........... L.00 640 sq,.yds. of eonerete per sq. yd... .........:.... 3.50 and to perform all .work in the prosecution of said improvement under and according to the terms and con- ditions- of Improvement Resolution IVo. ............ ...... adopted by the Board of Public Worms .......... ---------------- and the plans, profile and specifications on file -i the office lof. the Depa: tment of Public Works; which sai resolution, plans, profile and specifications are made a `part hereof as fully and, effectually as if copied and set out herein at full. length. T1 e contractor further expressly covenants and agrees that in the prosecution of sari wor?c all pruner skill and care will be exercised, that he w-'•1 p one7' -�' and p-,��-_r all excavatmns and dangerous plat^s, and will use all due and proper precaution to prevent injury. to ary person.or p v-t.•; that i I `�, any injury or damage rdsulting from the war'.:, or resulti— from a�v mat*cr or tt?inQ �cnr�c* t th�retvi'.% ar arising therefrom, to any person or property, he v4ll nay and liq--;date the same at h s ol--n expens • arrl as- surne the liability therefor; and in the event of any claim or claims be;4g made or any action c , act ovis t^ = ry brought against the city by reason or on account of or growing out of :-.id v,or?, or its con —ruction, contractor will at his own expense defend the same, and v✓ill pay any judgment recovered therein. and ti -' i 3 all respects fully indemnify and save harmless said city, its -officers, agents or fepresentatives from all cost., expense, 'payment or judgment. recovered in connection with such claim or claim,; action or actions. An-1 f within ten days after any:such action is begun, the city shall notify the contractor of tze rien*?A: cv ther f then any judgment rendered against the city. shall be conclusive against the contractor and against the surety on his construction'bond, as to tlr- amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said improv(nnent.and na�_e such repairs as may be necessary the period and in the manner as fixed by the specifications, -and to secure t:ie maintenance and repair thereof to file with the Board of Public Works a bond y- ith sufficient suretythereon ana in an amount as fixed by th sl;} cifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be - subject to the sax:ie liability to the city and any other person for any injury Or'dainage to any pees sir or pi op - arty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the c+3:,_ stiuction work. And it is further agreed by and between said part`?�s that the acceptance' of the work provided for contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the p iorvs of this contract, nor shall it release said contractor or the sureties on his bond for the faithful Perfo1:• 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, successor or: subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or 1-`� assigns, or out of the amount due him or his assigns upon the completion of the work, so n�uc}. as nib- cessary to pay all laborers or materia, men for amounts due them for work done or materials user :.r -srnished to be used in the performance of this contra et and the doing of said worx, and the county treasurer, acting as city treasurer, may retain money coller_ted from property owners assessed for said improvement to pay such debts or until the contractor F'�ow:s� the, they havE been paid or satisfied co::: ° sr' z`: ee ro remo !1 ri �.' �,z, earrhand um�,sed material in the strezta or sides t&rcoi upon the completion of the imnrovem,,it or the repairing thereof. The work of making such improvement shall be completed according to 4he terms of this eositract on or before the day of m..............................................,.....,..........., lg, unless the time for the completion of the sane shall b"e extended in writi,.-:o by the Board of Pubh'e Wo5?cs� And it is agreed that any such e-eten�ion of tir_ae, or ary altera`;on of this contract or of the manner or meth-• od of doing such work shall in no way affect the duties, obi_igations or liabilities of the contractor or his sui c•. _ ties. It is agreed that the contractor shall not n.ssign• this contract, or sub -let the work or any part thereof to be done hereunder, witho-,-t the v: r it I en cor of the Board of Public Works. It is further agreed and stipulated tl+.?t +�� contractor shall give to residents of said city and county preference in the employment of all labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city 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 said contractor in the manner fixed by the statute governing the :Waking of such improve- ments. 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 himself or itself, and the respective successor or ass)-p-s of such parties.