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145
<br />Tuesday May 23rd ., 1922. Continued.
<br />A
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This AR reement, Made and entered into this 23rd, day of Ma 1922
<br />b and between The White Qo str*uction Con�,n6 of the C� ty f Milwaukee xd pglate ov
<br />W sconsix thereinafter re errs to as the ontractor j� an the City o$ South Bend, in.
<br />hherCount of St. Jose h, and State ofn ndiana, by and throe h its Board of Public Wox�ks,
<br />e inaft r preferred o s the Cit uud r nd b virtu of an Act of the General "
<br />Issembly oil the State a ndiana, ent tI d An at C ncernin Municipal Corporations,
<br />approved March 691905, and all -amendatory -and supplemental acts thereto:- P '
<br />Witnesseth, that
<br />the contractor covenants and agrees to constructi Mexican Asphaltic concrete pavement
<br />on Fox Street from Miami Street to Leer Street, in the City of South Bend, Indiana, at and
<br />for the following prices :-
<br />989 cu. yds. of grading per cu. yd. 0.75
<br />6 s tofm gra to s , each 12.50
<br />180 tin, feet of conduit pipe per lin ft. .90
<br />lO inlets reset, each 3.00
<br />170-tin, feet of 4" X 12" Magginal curb per lin ft .40
<br />4 manholes reset each 3.00
<br />curbing per tin fit. ' .50
<br />cement walk per sq. ft. .20
<br />4248 sq. yds. Mexican Asphaltic concrete
<br />pavement per sq. yd. 1.95
<br />4248, sq. yds, Trinidad Asphaltic concrete per
<br />dq. yd. 2.20
<br />(&warded on Mexican Asphaltic concrete pavement
<br />at $1095 per sq. yd. } ..
<br />and to perform all work rn the prosecution of said improvement under and ac erabw to *0 twfte ad wat
<br />dittons of Improvement Resolution No- --- ..----- 936- - adopted by the i�sd of ;Puhlle Work& .... Xamah,,.,1922.
<br />and the plans; profile arid. specifications on file m the office of the Department of PuhHc Works, wVeh tad3
<br />resoltition, .plans, profile and specifications are made a part hereof as fully and effectually as if enpkA and
<br />act out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said wont 0 proper
<br />skill and care will be exercised, that he d proY^ct ail excavations and dangerous places,
<br />and will use a,!l due and prover preca5-ition to oreve t injury to any person or proRaarty that in the evelit 0.
<br />any injury or damage resulting from the ?r'•: or resulting front any matter or thin. connected therowith of
<br />arising therefrom, to any person• or property, he v ?l nav art i lic..iidate the same at is own expense, and ao=
<br />®dine the liability therefor; and in the event of any claim or claims being made or any action or aetiono be -it?
<br />brovight against the city by reason or on account of or growing out of s-.id work or its construction, the sal
<br />contractor will at his own expense defend the same, and will pay any judgment recovered thprei, 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 action An
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />wao tbw say judoent readered agyainst the- city shall be conclusive against the contractor an4 tpinst the I;ufetN
<br />an )A rroarrRrectim lam. " to tb ar cr t, liai'hitiaW and other wattrrs pertaining thereto.
<br />Pond the contractor agrees to maintain said improvement and make such repairs as may be necessary fo.•
<br />the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an atsaount as fixed by the a
<br />opeeif cations. And in doing such r"ir work tl;e contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any Q'Aer person for any -injury or damage to any person or prep-
<br />erty to the same manner and to the same anent as is hared is the last preceding paragraph covering the con-
<br />struction work.
<br />Aaad it is €urther agreed by anal betWeen said party that the acceptance of the work provided for 'in this
<br />contract, or. the payment thereof, shaft rat constitute a waiver on the part of the city of any of the provis-
<br />iotua of this contract, nor shall it release said contractor or the `sureties on his bond for the faithful perform-
<br />ance thLTeof ; nor shall the &ceeptance be prima fade evidence of the performance of any provision of tbis
<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 in the making of
<br />such improvement and in the performance of this contract, whether done Qr -furnished for kim, or his agent,
<br />assignee, successor or subcontractor, and the city may reserve out of any allowance x>w.*e on any estizute
<br />in favor of the contractor or L,c; assigns, or out of the am(nmt *tie him. or-kis- assigns upon the completion
<br />of the work, so much as may :eeasary to pay all laborers or materiai then for amounts due thetas for
<br />work done or materials used ok iurnished tb be used in the p&rformaaee of 'tkis contract and tine doing of
<br />said work, and the county treasurer, acting as city trc surer, may rttarn wowy eolttiated from property
<br />owners assessed for said. improve npat to pity such debugs cc nmA dw caaix%� sio� %ko t &W# 1n►Ye 11MA
<br />paid or satisfied
<br />The cont-a-`or agrees to romp e all ru'7bish, earth. and unused material is the streets or t'~_v. )4
<br />upon the co mplotion o f the ffflpfovi2meut or the repaiting tbereef.
<br />the ®fi€ of fl?ai isrteit tt pr vement shall be c irns ettd accor&rtg to The tee of lft con"not o a et
<br />........ of ----- - ---------- ---- ••...... 19.........4
<br />lJtil@§§ the tifc for the cotnpleflo(i of tfae Sayre Shall be extended in writi^g by the Board of Public Works,
<br />And it 6 agr@aid that any srtch extengion of time, or any alteration of this contract or of the manner or meth-
<br />44 of doing sbct w@Fk hall in n® way affect tine duties, obligations or liabilities of the contractor or his sur9-
<br />ft 15 arc@.d that the contractor shall not assign this 'Tact. or .sub -let the work or any part thereof to
<br />his dodf h@fi�wflder, wi€h0tzt the writ+en co.d:zht of the hs irdof P:iblic Works.
<br />It 6 fiifth#f aareeri and atipula,ted fhpt t1w contractor shall give to residents of said city and c?F:,xty
<br />pi�f ieiiE� 1fl that c pl0 .pflt L6f all labor necessary in the performance of this contract, and failing to so,
<br />:hilt f6tf@!t to tho city tho sum of ten dollars for each failure to observe this stipulation.
<br />Atld ttp�fl tide per 0r anee ®f all the terms and conditions.of t4is contract, and things to be done and
<br />f 6r1!tad by §aid t0flttact0f the said city agrees to cause the cost of doing such work to be assessed, col -
<br />$a d fkm� to §aid etatr4aor in tke atianarar fixed by the statute governing the making of such improve-•
<br />T6 A" 0t �tls sad stipula"" of this curet, inctuding all and singular the provisions and
<br />i 0, tho plAfkk etc, specificatioe and re"ution aforesaid, the under$igned finds hintse*. or itself,
<br />ft tivt gw-tem&r or Ao4ow of %vch parties.
<br />IN TESTIMONY WHEREOF, We, the foregoing named `parties, hereunto
<br />set our hands tit*s L 23rd, day of May 1922
<br />CT OF OU ®ENINDIANA. THE WHHITE CONSTRUCTIONDETEILE9S ocy CO.
<br />Contractor
<br />ALBERT F. HONER
<br />Its Board of Public Works.
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