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Public I p rove, ent Contract
<br />'i2S ��• Made and entered into this.... ��32ef����.1,� ►��.e=sw�.
<br />«&. J.924.0........9 19.1.. , by and between
<br />Plummer Constr." Co.
<br />and ; St :f ........I„ndf a]It... , At, . .. i r ,s . vs=e+
<br />(heretz 'tar xeferred to;_ as the `Con ctox+a and the 04 1 th DO In
<br />the Q*=%y of St. Jo�Beph, and State of Indite, y a . -tl- t 9.�. ,rd
<br />QrAI : ,n 'i�ex :°e ed to h "'City der > ' tri m ' 0
<br />the Goza l kesembly of the State 6-1 "An.Act
<br />►l 0or orations, . a appraved Marcia B, 1 06v -Sftd -411 twnftl
<br />&*to thereto:
<br />Witnesseht,, that the contractor covenants and agrees to
<br />construct brick pavement with bituminous filler on alley south of Division
<br />Street, front' Franklin Street to Division:Street in the City of South Bend,
<br />Indiana, at and for >t.he following prices: -
<br />IN cu. yds. of grading per cu. yyd. $1.00`
<br />28 lin ft., of marginal curb _per lin ft. .3g.
<br />381 sq. yds. of brick pavement with bituminous
<br />filler per sq. yd. 2.65
<br />;(1 to periorrn ali work in the prosecution of said improvement under and according to the terra$ asd siMt-
<br />ditions of Improvement Resolution tio...... 1._0_' ._..:... adopted by the Board of Public Works.._)A%y_ i.1`; �923
<br />and the plans, profile end specifications on file in the office of the Department of Public Works, w* ich said,.
<br />resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied
<br />set, out herein at full length.
<br />'lie contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill at?d care ill be exercised. that he v ?i all excavations and dangerous places, `
<br />and trill use all .due,.and proper precaution to prnre -L injury ro my person or pro^erty: that in the event of
<br />alit injury or dam�;ge resulting from the w�-: :.r res:xl±in front a -iv muter or thing .connected therewftlt or
<br />atising therefrom, to any person or property-. f „ c•=ti pay ancr liquidate the same at his own expense, ,and as.
<br />sums the liability therefor,; and in there ti o' tr caaiiis_i or claims1titig made or any action or actions being
<br />brought against the city by reason or on afcouj t of or growing on. of's�aid work or its construction. the sai:d. _
<br />contractor will at his own expense defenel tl:e ssm4 and will pay any judIginent recovered therein• and will. in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cQ§t-
<br />expense, payment. or• judgment recovered in connection with such claim or claims. action or actions.
<br />within ten days after any such action is begu>a: the city shall notify the contractor of the pendwtherei_f,
<br />than any judgment residered against the city shall lie conebasive against the contractor and algai "guir'�`C� ' <
<br />w kit aastrwAiea .barA as to *- anweet, kabiUW aid oebw matters pertaining thereto.
<br />-- _.:"actor agrees -Lc inaia air. said improver;nent Ind make such repairs as may be necessary iu,
<br />the per,od and in the manner as fixed by the specifications: and to secure the maintenance and repair thereof
<br />to f le with the Board of Public Works a bond z3-ith sufficient surety thereon and in an amount as fixed by the:
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall lie
<br />subject to the sar-ne liability to the city and aiiv other person for any injury or damage to any person or prop-
<br />erty in the same manner and to the same eaten as is tixeu in the last preceding cov�rin tlkb con-
<br />struction work. p g g
<br />At;d it is further agreed by and between said r-art'.-s that the acceptance of the work provided for 'lit tlefs
<br />contract, or the payment thereof, shall not constitute a waiver or. the part of -the city of any of the provis-
<br />ions of this contract, nor shall it release sai4 cca^*actor or the sur-ties on his bond for the faithful pladorm-
<br />ante thereof; nor shall the acceptance be prima- faci` e-vidence of the performance of any provisica of this
<br />contract, except to the extern of entitlin- th- contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used'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 asthnatw
<br />in favor of :the contractor or h;q assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as may �cessary to pay all laborers or ssateriai frrett for amounts due them, for
<br />work done or materials used or furnished to be.".f#sed in the performa=e of this contract and the doing of
<br />said work, and the county treasurer, acting as city treAsurer, "way retain money couq.=ted from property
<br />owners assessed for said imprQ.y1Z=e&t to pay such debts at tmvii the ctntrtaaiw[ a4ows that t%sy have b#mp
<br />paid �w satisfied
<br />r17-� gill. e an t. a nci unt:sed maternal in the .streets. or szde6 t
<br />upon the completion of the improvenn _ at or the repairinn,
<br />thereof.
<br />The wor -of mtal,ins siich improvement shall be completed according to the terms of this covfrarct off Bt',,..
<br />Wprethe ..:...................... �..................................---••----:.......da of
<br />unless the tints for the completion of the sar,,e shall be e-�-te-,ded in writing by the Poard of Public
<br />And it is agreed that any stub WxtenF-ior, of tiir,e. or any alteration of this contract or of the ma:itier -or meth-,,
<br />od of doing such wark shall in no way affect the duties, obligations or liabilities of the contractor or hi' surei:--;
<br />ties.
<br />It is agreed that the eoutractor shall not assign this ef,, tract. or sub-Iet the work or any part thereof tOA;:,
<br />be done hereunder, m withom the written conseof the Board of P„blic Works.
<br />It is further agreed and stipulated that t` 2 contractor shall give to residents of said city and cma:ity:.
<br />preference in the employment of all labor necessary in the performance of this contract. and f��::iing to dn-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 t`ernis and,,r�nditions of this contract. and things to be done'and. .
<br />}Erfermed by said contractor the said city agrees to_eause the cost of doing such work to be assessed,, cc l-
<br />lected asd pail i<o said contractor in the manner fixe4h' v' the statute governing the making of such improve-
<br />iraiilE.
<br />To Etch of the conditions and stipulations of thif edntract, including all and singular the prottsions and
<br />%ft& of the plans, profild, specifications and resolution a.foresAid, t4& unidcrc4gned binds himstif or itselL:
<br />qLad l6 watpective successor or assigns of such Aafiris.
<br />In Testimony Whereof, We, the foregoing namedp'parties,
<br />hereunto set our hands this 19th day of May 1924.
<br />'OLT AWER CONSTR. COMPANY
<br />CITY OF SOUTH BEND, INDIANA. BY R. L. PLUMMER Pres.
<br />BY L. B. SLAUGHTER Contractor,
<br />L. P. HARDY
<br />ALBERT F. HONER. Its Board of Public Works.
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