04/15/1919 Board of Public Works Minutes

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590 uvnv Inueu. PUBLIC IMPROVEMENT CONTRACT. This agreement , Made and entered into this 15th., day of April 1919 by and between Williston Construction Company of the 'County of Lake and State of, IndIana f here insa,fter referred to as the " Contractor"), and the City of South Bend, in the Cn County of St. Joseph and State of Indiana, I by and through its Board of Public Worke (hereinafter referred to �s the " City"), under and by virtue of an. Act of. the -Generl Assembly of the State of Indiana, entitled " An Act' Concerning Municipal Corporations approved March 6,1905, and all amendatory and supplemental acts thereto:-. Wi:tnesseth, that the contractor covenants and agrees to construct asphaltic concrete pavement on Wenger and Carroll Streets from.High Street to Paris Street, wih with asphaltic concrete using Standard Mexican Asphalt, in the City of South Bend, Indiana,, a.t_,and: for the following prises:- curbing per tin ft. . . . ,35. 1286 -cu. yds. of grading per cu. yd.......80 ,20 storm grates, each....................................lO.QQ 510 tin. feet of conduit pipe, per lin ft......; ..... .. .80 18 inlets reset, each .......... .......................... 2.50 342 l in.:feet of marginal curb, per lip .035 .5 manholes, reset, each., ....... 2.50 5690 sq. yds. of Standard Mexican Asphaltic concrete per.sq. yd..................................,....., 2.19 , gad to perform all work in the prosecution of said improvement under and according toL the terms and, e$n- �lMlons of Improvement°l*-sollstion No..„, a e_...........:. adopted by the Board of Public Works. _..Jam ..LX_7,919 artd the plans, profile w srecificatiotis on file: in the office of the Department of Public Works, id, wb;ch sa resolution, plans, rofile and specifications are.made a ,part,hereof as fully and effectually as if copied and' set out l eretn at full length. contractor further expressly covenants and agrees that in the prosecution of said work alt proper Skill r::a sate ail be exercised; ti ,the -vill proper':-% all excavations and dangerous places, and 1z4'1 use ,'!' die rrl irr^T)ef pfa-za+it2on to DT'_ r=`t't I! Jury t,) .r.v person'nr p. "-^,rty; that in the event Qf any ii311lrV nf.(lzm3.aC L@3:c1Ixil�,.fTOi:l:tllv.w^ :"or r S,_+.ltirg from a y ??^otter or thing connected therCwitlt or artstng therefrorn, to any pereen or property, he t:ll nay aw! licuidate the sarne at_hxs own expense, and as- sume the liability therefor,• and in the event of any claim or cl'Fims being made or any action or actions•bemg brc;ight age+net the city by reason or on account of or growing out of s--i,.id work of its construction, the said Contractor will at his own expense defend: the same, and SUM pay any judgment recovered therein, and will in all respects -fully indemnify and -save harmless said city, its officers, agents or rgpresentatives from all cost, expense, payment or "judgment 'recovered in cormection with such claim or Aaims, action or actions. And if within ten days. after any such action fie begun, the city shall notify. the. contractor of tine pendency thereof, then any judktrient rendered against the city shall be conclusive against the. contractor and against -the surety on his Constructioia-bond, as to tl,. 'mount, liability and other matters pertaining thereto And the conrractAr agrees to maintain said impro-f ment a._ -a .:aane swh repair:, a� ru?. the period and in the manner as fixed by the specifications, and to secure the maintenauet aua riallikit to file with the Board of Public. Works a bond with sufficient surety thereon and in an amount &4 f z ed �y thy' a. specifications. And in doing such repair work-41W contractor and the surety on his gtia.rante€ bra nd -%hail W) eithject to the same liability to the city and any other person for any injury or ci mage to any per •. , or prop, arty to the same manner and to the same extent as is fixed in the last preceding. parag.ratah 4®re.tug the c011- itruction work, And it is further agreed by and between said parties that the acceptance of the work provided for to thin contract, or the payment thereof, shall not constitute a waiver on the part of the city -of any ni the provig. lotis of this ;ontract, nor shall it release, said contractor or the sureties on his .bond for the faitlaf�l perform, aitir_t tlieraof ; nor shall the acceptance be prima facie evidence of the performance of any provision of thi® 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 mask on any estimate in favor of the contractor or ` ^ssigas, or out of -the amount due him or his assigns upon the completion of the work, so much as mt: _essary to pay all laborers or material men for amounts due them for work done or materials useu .a'nished to be used in the performance of this contract and the doing of Mid Work, a-11d tht rounnr't -444 er, acting as city treasurer, may retain monq collected fr= property o iltra assessed for said improvement to --pay such debts or until the contractor shows that they hivs-bash paid: or satisfied to ren,o•-e all rubbish, earth, and unisged material in the struts or sides thereof u{ on the completion cf the imprbvem.; nt or the repairing thereof. The work of making such improvement shall be completed according to the terms of.this contract on or beforethe ------------------------------------------------- ---------------------------day of -------- ---....................... ..................................... 19--------- un':ess the time for the completion of the sa*~e shall be extended it w-itir. by the Board of Public Works. And it is agreed that any such e-xtension of ti=n or any alteration of this co :tract or o; the manner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- 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, v✓ithJ:-� thf ;.; -it*en cn :.- of the Board of Public Works. It is further agreed arsd szipu a ed tn�t `._ contractor shall rive to residents of said city and county preference in the employrnr:nt of ail la'•.l"or .tecessary in the performance of this contract, and failing to do so, shall forfeit to the city the s i-,n of ten dollars for each Fail,"re to observe this stipulation. And upon the performance of all the tennis 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 malting of such improve- ments. To each of the conditions and stipulations of this contract, including all and singular the provisions and terms of the profile, specifications and resolution aforesaid, the undersigned binds himself or itself, and the respective. successor or assi�,-ns of Stich parties.