|
1
<br />,
<br />Board met in sPoc ial session at 9:30 A,M., Ail members present,
<br />The following improvement contrasts and bonds were approved by the
<br />Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />TRIS AGREE NT, blade and 'entered into this _17th., day of April
<br />1918 by and between The Western Construction Company of the County of St. Joseph,
<br />and State of Indiana ( hereinafter referred to as the " Contractor"), oral the City of
<br />South Bend, in the County of St. Japaph, and State of Indiana, by and through its
<br />Board of Public Works, ' ( hereinafter referred to as the ,« City"), under and by virtue
<br />of an Act of the General Agsombly of the State of Indiana, entitled " An Act Concerning
<br />Municipal Corporations,, " approved March 6,1905, and all amendatory and supplemental
<br />acts thereto:
<br />Aitnesseth, that the contractor covenants and agrees to construct
<br />pavement on B.1a ine Avenue from Lincoln Way Nest to La Porte Avenue, in the City of
<br />South Bend., Indiana, at and for the following prices: -
<br />curbing per lisp ft......................... $.30
<br />697 cu. yds. grading per cu. yd.............. .80'.
<br />2 storm grates, each ........................'.8,50
<br />36 11n. feet of 8" conduit pipe, per lin, ft.. .85
<br />reeetting 10 inlets, each. ..................2.00
<br />135 1 in. foot of marginal curb per l in ft... .30
<br />Reset 4 manholes tops, each.......... ........2.00
<br />3100 sq . yds . of Tr in idad Lake Asphaltic
<br />concrete, per sq. yd_ ..................:.a...1.93
<br />and to per=orm at; nor: ifl ?te prosecution o: said improvement under and according to the terms and con-
<br />di*ions of Zmprovewent, Resolution No. �. _��... adopterl by. the Board of Public Works...;`
<br />and the plans, profile a± d specifications on file i *he offi of the Department of Public Works, which said
<br />resolution, plans, prof le and specifications are.made a P.M hereof as fully and effectually as if copied and
<br />set, out herein at full length.
<br />The contractor further e,pressly.covenants and agrees that in the prosecution of said work all proper
<br />skip arid care = ="l be exercised; th the �1 ^-Duet'"""t all excavations and dangerous places,
<br />and =`1 use: dt=.e and.pro.Perprecaution to ores :` irili- *o ;nyperson or l,rnt ,rey; that in the event rf
<br />any injury or�iama.ge resu�ting from t'�e w c or .well* ^g froma� y ma+,ter or. thing connected theretivii.% or
<br />arising therefrom, to. any person or property, he w'*Il ray any. liquidate the same at leis own expense, and as -
<br />some the liability therefor; and in the event of any claim or claims being made or any action or actions being
<br />tiro ght against the. city by reason or on. aceount of or growing out of sRfd work or its construction, the said
<br />• contractor. will at his`.eiwn expense defend the same a v l pay any judgment recovered- therein, and wtl
<br />all respects fully indemnify and.save harmless said t r� %� o�eers, agents or representatives from ;a4l cost,
<br />nedt with such claim or claims,liori or actions And Iexpense, paLyment or judgment recoveredin con
<br />Within ten days after any such action is begun, the city shall notify the contractor'of, the_. pendency"thereof,
<br />then any judgment rendered against the city shall be conclusive Against the contractor and against the surety,
<br />aphis construction bond, as to the amount, mobility and other-mptters pertaining thereto:
<br />And the contractor agrees to main � -ain said impro:nenz a._,; n� si i �r
<br />the period and in the manner as fixed by.the specifications, and to sec, re the Fsi311ti'� cna, ,a: r r
<br />to file with the Board of Public Works a boh «ith sufficient surety theieo.s and i.. an amount as :r. u
<br />specifications. And in doing such repair`wotkahe contractor and the: surety on hi: guarantee bon,' -0:
<br />subject to the same liability to the city and any other person for any injury or damage to any Pei c pr:_:,.
<br />.erty in the same manner and to the same extent as is fixed in the last preceding paragraph ccvCr,�,. "rite cis?_
<br />structfon work.
<br />And it is further agreed by and between said parties that the acceptance of the work provided for in t1ids
<br />contract, or the payment thereof; shall not constitute a waiver on the part of the city of any. of the proves-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform
<br />ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this -
<br />contract, eXcept to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used if} 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 estimate
<br />in favor of the .contractor or his assigns, or out of the amount due him or his Assigns upon the completion
<br />of the work, so much as may be necessary to pay all laborers or materiai men for amounts due them for
<br />work done or materials used or furnished to be. "used in -the performance ot tMs contract and the .doing of
<br />said work,- and the -county treasurer, acting as city treasurer,, m%retain money collected from property
<br />owners assessed for said�inrpreavement to pay such debts or until rile contractor shows that they have been
<br />paid or satisfied
<br />
|