|
PUBLIC IMPROVN'_av1FNT CONTRACT..'.
<br />This Agreement, Made and entered into this 266th day of August 1920.
<br />by and between Williston Construction Company of the County Of St. Joseph, and
<br />State of Indiana ( Hereinafter referred to as the " Contractor"), and the City of.
<br />South Bend, in the County of Stj Joseph,'and State of Indianan by and through its
<br />Board of Public Works, (hereinafter referred to -as the City"(, under and by
<br />virtue of an Act of the General Assembly of; the State of Indiana, entitled An Act
<br />Concerning Muni.o pe.l Corporations, " approved March 6,1920, and all amendatory
<br />and supplemental acts thereto:-
<br />Witnesseth, that the contractor covenants and
<br />agrees to construct pavement on Miner Street from Notre Dame Avenue to St. Peter
<br />Street, in the City of South Bend, Indiana. at . and for the follo*fingPrices:-
<br />..
<br />203 cu. yds. of grading per cu. yd... ....••••.• •3
<br />2 inlets reset, each .................... .. ..... .... 5.00
<br />1 manhole reset, each .................:........... 5.00
<br />1000 s . yds . of Trinidad Natural Lake Asphaltic
<br />concrete pavement per sq. yd..$4.02
<br />and, to perform all work ip the prosecution of said improvement under and accordi*. to the terms and c�:a-
<br />Ju e 30,1920.
<br />ditions of Improvement Resolution hio....- 810_...:. adopted by the Board of Public Works..__ ...................
<br />an4 the plans, profile and specifications on file in the office of the Depa<tment of Public Works. �t+ich
<br />resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copiefi P i.Id
<br />set out herein ai full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care -4*11 be exercised; that he r':l nron,�rly all excavations and dangerous places,
<br />and =fill use ail dice and prover precaution to prev�=it inju.r): to :ry person or th-t i•1 `he ev!�n+. �c
<br />any injury or dama.-e resulting from the vv�r': or res i?*i.^g from a-y *" _t*.�r or thins? conrec+.Pd th�rnt; i'T� or
<br />#rising therefrom, to any pers^-i or property, he ,il rav ar i Er-iidate the ss"ne *t his own expense, arc. as-
<br />sume the liability therefor; and in the event of any claim' or claims being Made or any action (.r actions b^'- P,.
<br />bro tght against the city by reason or on account of or gri &icing out of ;d cr its con�.trletion,.t _ s,. ,i
<br />contractor will at his own expense defend the same,.and will pay any judgment rmo47,ered therein, and
<br />All respects fully indemnify and save harmless said city, its officers, agents or reoresentatives from all co=
<br />expense, payment or judgment recovered in connection with such claim or claims, action or. actions. A . •.1 �
<br />within ten days after any such action is begun, the city shall notify the contrac*or of tr_ ; p ^d : _cv th::r
<br />tt►e:1 any jud,,rnent rendered against the city shall be conclusive against the contractor and against the sure ;,
<br />on kin construction bond, as to tb amount, liability and other matters pertaining thereto.
<br />TfA t0s agsecs is rnar;ita'n saicl improve urnt a_. .,ur.e such repairs as ;Tiay be necessary tox
<br />Alld tM C4M.
<br />the
<br />sf axed #tttbte manxw as by the specii cations, &ad to sece.mure the. maintce ano repair tl�eregf
<br />Jo � wf* e,* Board of Pubhe Works a bond with sufficient surety thereon and in an amount as hied by the
<br />gis"s, And in doing such repair work the contractor acid the surety on his guarantee bond shall be
<br />#uJ#J##t to the sawe liability to the city and any other ppeerson for anyinjury car damage to any persom or prop.
<br />o ly in t1 #ame manner and to the same extent as is fixed in the last preceding paragraph covering the elono
<br />Arve-flo l worts,
<br />And it is further agreed by and between said partits that the acceptance of the work provided for in this
<br />cont mat, or the payment thereof, shall not constitute a waiver on the part of the city of +art�t of the pt'ovis-
<br />Im-In of thin contrict not shall it release said contractor or the sureties on hi, bond for the fa-#thfUl peri m
<br />m 1p thpr@of ; nor stall the acceptance be prima facie-evide=e of the performances of atilt petMaldh of thix
<br />Aunt# -got, @xeipt to the extent of entitling the contractor to the contract price theref, ff,
<br />`cif@ @nntrmtor a ees to pay for all labor and materials used or furnished t® bt used Ill the hittkifag of
<br />avpW jmprovani@nt and in the performance of this contract, whether done or furnished for hlth, dt his e.909ti
<br />@@@ip@@, wq@@§or or subcontractor; and the city may reserve out of any Allowance ihlidd dii MY @btif i to
<br />An fai�Ar of the contractor or 1-;� assigns, or out of the amount due him or his <tsslgdl t4poit the ddift0f -oil
<br />of th@ work, to much &s ma, cessary to pay all laborers or material snail for iftA t ito dfie 'thud flit
<br />d � f atQri&1a �e � �uiahed . to be used w the performance of this dontx of rid fie d lit of
<br />f d Wogs and the t�an>y tr aaarcr, acidug as city treasurer, may,y, retail money �h-d0d ffeiel �f PPty
<br />%Ny-119s @.A@@s€vd W said improvetzmat to pay such" debts or unril the mtt. €eetoy 011ms fhsf dle` WW8 �eeti
<br />Tire coat=a per agrees to remo all rue'aish. earth, and unused materiat is tt streeLa At atcler3 t?acic',$
<br />Ripon the completion of the improvem nt or the repairing thereof.
<br />The work of makinr,such improvement shall be completed accordin .-to #h terms of this eotttract eau or
<br />p gg 1'Ig7V
<br />before the ............... --tlsv of.._........Da.a ell r...a.��S�...,. ..�, " .
<br />----w------------------------------ -_...------......
<br />unless the time `for the completion of the same shall be extended`th writing by the $oard of Public or rs.
<br />And'it is agreed that any such extension of time, or any alteration of this contract or of the manner or nxeth,
<br />od of: doing such work small. in no way affect the duties, obligations or liabilities of the contractor or his._surc-
<br />ties.
<br />It is agreed that the contractor shall not assign this contract. or sub -let the work or any part thereof to
<br />be donb hereunder, withot,t the vr_it:Pn cons.nt of the Board of Public Works.
<br />It is further agreed ar.d stipula+ed that ''a� contractor shall give to residents of said city and cotl&y
<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 Fuld
<br />rerforme4 by said contractor the said city agrees to cause the cost of doing such work to be assessed, eol
<br />ected andRaid to said contractor in the manner fixed by the statute governing the making of' such improvo
<br />ments.
<br />To each of the conditions and stipulations of this contract, including- all and singular the provisions arld
<br />tennis of the plains, profile, specifications and resolution aforesaid, the undersigned binds himscif fir 9t
<br />and tl. , respective suc= essor or assign-s of such parties.
<br />In Testimony Whereof, - e, the 'foregoing named parties, hereunto
<br />set pur hands this 26tn. day of August 1920
<br />WILLI-STOR CONSTRUCTION COMPANY
<br />CITY OF SOTJTH BT139 INDIANA BY E. A. COATES,
<br />Vice Pres.
<br />BY G. A. ELLIOTT Contractor. •
<br />HARVEY F. ROSTISER
<br />JOHN F. DEHAVEN
<br />Its Board of Public Works
<br />
|