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232_�,
<br />15th. , 1923. Continued.
<br />FLrBLIC IMPROV9kJBNT CONTRACT,
<br />f:
<br />THIS AGREEMENT, Made and entered into thisllth. day of May 1.923 _
<br />by and between The White Construction Company'Of the Cunty of Cook and State of
<br />111Ineis ( hereinafter referred to as the " Contractor")* -and the City ef. S*uth-
<br />Bends in the County of St. jeaephs, and State of Indiana, by , and through ,its
<br />Board of Public Wbrks 9(1e-ei of er referred w as the' " City")• under and by
<br />virtue. of an act of the Geuer€ l Assembly of the State of Indiana, entitled"* An
<br />Act Concerning MtMicipal Corpe'ratignss " approved march 6,1905, and all amenda:-
<br />Zw and su;plemental sets thereto:-
<br />Witaesseihs that: the- contradtor eovenants and agrees to 8esurfmae,
<br />Rudsoa Avenue from Portage Avenge,to Riverside Drivep--with sheet asphalt using
<br />Me,cicaan Asphalt, in the, City of .South Bends Ir.diaa►na, at and for the following
<br />p-riees:e•
<br />Curbing .per tin f"t,.,.. 6•0-00000.00..•4000.0.000050
<br />Cament.waik per sq. 1"t.. ......,....... .20
<br />Conduit pipe, per -li» f,................`...... •...1.00
<br />New.. Inlets$ ,each, a'.'.+••• .•..••••.•.,.- 000.000013.00
<br />-6 inlets r4bett .d�i�r.••••.•••a•..�.••.•.••.•.• 3.00
<br />a 2 eheles curbs and covers, e&ch..re8*t►.. •..•. 3.00
<br />Cu yds. of grading per,cue yt3... • ............... ,i.05
<br />Marginal curb. per Sin • • .40
<br />2685 sq yds.-of sheet asphalt pabement using Mexican
<br />Sheet asphalt per sgo yd....... ••••••...190
<br />acid to perform all work .in. the prosecution of said improvement under aged 2=006W to the tW= seed -
<br />ditlons ©f improvement lZesohttion N,6.-,.._JJJ 2.---......, adopted *y lbe Board of Flablic Works._ . aJ,4923
<br />and the plans, profile and,speeificafiions on file in the office of the Department of Public Works. which said
<br />resolution, plans, profile arid, specifications are made a part hereof as fully seed effectually as if -copped and
<br />set out herein at full length.
<br />The contractor further -egress �z enants and agrees Ibit in the ,pprosecution of sand work all pre r
<br />skill and care N-411be exercised; that lie n,;sl prop�r's* �� = a,--d p, o*n t all.excavations and dangerous places
<br />and will use all due and proper precan ion to prevent- iniu-y to a.ry person or prop arty; that in the event r�#
<br />any injury or damage resulting from the _`'ter res,Atir. from a�v ?*utter or thing connected theretivItl�'dr
<br />arising therefrom, to any pees.- n or property, be =. 4n pay ar-1 licr.:idate the same at his own expense, and as-
<br />sume the liability therefor; and m -the event of any claim err dims being tirade or any action or actions- being
<br />brought against the city by reason or on account of or growing out of slid work or its construction, the d
<br />contractor will at his own expense defend the same, and vnll pay any judgment recovered therein, and will in
<br />all respects fully'indemnify and save harmless: said city, its officers, agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if
<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 />on his: construction bonds as to thV amount, liability and other matters pertaining tbcreto.
<br />f fb+ �iY& mokrtaia mid im rovemeat and make such r_eprA#s as may UAnag
<br />ss famedi,ie tQ R* 6A tin
<br />DWA a PA& W6,10 a lbood -vita
<br />d doh sric:. +lhr «tsacttWr�
<br />R sty to imcrty and any other me& for
<br />I fl A"to the same extent as is CZ in !: li4efe-
<br />�Wrk
<br />It lA Arthar ,agreed by and,*tween said tartses that the aMptaael a � l- �-�� M
<br />llt >l the Pa mint thereof, not constitute a waiver en the p>att 6
<br />16 of W 4�ptPas sor shall it release said contractor or the auretles on l
<br />:dips plop ' llor p all tke acceptance be prima facie evidenea ai the t46t 1 llj
<br />_ _v _ .. 1 , , p
<br />>fl p� c,apl to the "tent of entitling the contractor to the eotttta�t, ,
<br />�hp iittaetolr agrees to pay for all labor and materials used it ileritd
<br />Afph l pfis�fMt and in the performance of this contract, wheihar t 101*
<br />Rolgaftk tlapt'�aof ale slubewtraetor; and the city may reserve oA � a ill
<br />0 a o thi ,tfactur or r.e assigns, or ant of the anwmt do hM by ilb � -
<br />th #0 V>aee 0 VW� �ccss:rT to pas ag laborers, or'Ast Mon 49
<br />o`�aiik twaa or #oroat t@ ifs used the prrfc►is
<br />AA w^ sad the vmwty treasuets, acting = city treastwtv, In et y t �
<br />oa sassalr a v tc, p> sr i�cbra or c�%s a
<br />j .e co.:t,-a•- or ogees to remo--e all rub )ish. ca.rth. and unused nlatesid in the stltetU to sides them
<br />upon the completion of the improvement or the repairing thereon
<br />The work of maltfng such improvement shall be completed acing to the terms of #his contract on or
<br />Were—------- --.-_Aav of___ __ _ _____.....__ - - - - ...�.............. 19..........,
<br />unless the time for the completion of the sane shall be extended in writing by the Board of Public Worles.
<br />And it is agreed that any such extension of time, or any alteration of this contract or of the manner or meth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor shall not assign this c�ir s-ract, or sub -let the work or any part thereof to
<br />be done hereunder, without the written co-ris-tnt of the Board of Public Works.
<br />It is further agreed and stipulated that t16= contractor shall give to residents of -said city and cone ty
<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 and
<br />performed by said contractor the said city agrees to can -se the east of doing such work to be assessed, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such improve-
<br />ments.
<br />To each of the Conditions and, stipulations of this contract, including all and singular the provisiosns and
<br />terms of the plans, profile, specifcations and resolutionaforesaid, the undersigned binds himself or itself,
<br />and the rsipective successor- or assigns of such_rarties.
<br />
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