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Tuesday June 22nd.
<br />PUBSIC IMPROVEMENT CONTRACT,
<br />This Agreement, Made and entered into this, 1 th. day of June 1920. by and
<br />b&tween The White Construction Company of the County of Milwaukee, and Stag of
<br />Wisconsin, (hereinafter referred to as the " Contractor"), and the C it 3r;of , South
<br />Bend, in the County of St.Joseph, and State of Indiana, by and thr cugh .ito Board
<br />of Pu Blic Works, (hereinafter referred to as the City),, under ' and by virtue of an
<br />Act of the General Assembly of the State of Indiana, entitled " An Act Concerning
<br />Mun is i--pa,1 Corporations, ", approved March 6,1905., and all amendatory and su;�ple-
<br />mental acts thereto: -
<br />Witnesseth, that the contractor covenants and agrees to construct pavement
<br />on Kline Street from Calvert Street to Lincoln Way East and Calvert Street from
<br />Kline Street to Leer Street, in the City of South Bed, Indiana at and for the
<br />following, prices: s
<br />325 l in. feet of curbing per l in ft ......... , . , t ........... %5
<br />3013 cu. yds. f grading per cu. yd. .....................1.2-5
<br />24 storm grates, each....., ........: ....... ........ l�i,QO
<br />702 1 in. feet of 8 . inch o ondu it p ip e, - p r fn ft .......... 1. 2.5
<br />4
<br />30 inlets reset, each .....:.......:............'........... 3.00
<br />8 manholes reset, each .......... . .....................:.. 3.00
<br />480 ,lin. feet of marginal curb perlin ft....... . . . ......... .40
<br />10246 sq.. yds..: of Trinidad Lake Sheet Asphalt pavement
<br />per-sq. yd. ........:.... 4.07
<br />and to Ferfprin all, work in the prosecution: said ivagroveinrqt under and=•accordfi to; theternts aril Con-
<br />ditions of Improvement Resolrltion NO. w%�� __.___. , ado�tedlb� the BsaArd •vf'Public 'Wor> s. .ilk h, 1920
<br />gnd the plans,profile and `s ie itications on file i-i flee offiice-tsf tine bepa.rtment of Public Works��i i.�c{ti said
<br />iesolution,.ptans,:profile-arid. specifseatii®n§ are made a part hereof as fully and<effectuallg as if copied -.anal,
<br />get out herein at full length.
<br />The contractor further expressly covenants and agrees that.in the prosecution of said work all proper
<br />skill and care � .ri?l be exercised; t1: , ke :- :11 p-op �� a d Yo`^ct all excavations and danger'itis places,
<br />and «vill use all due and proper.prec.a-ition to pr v--It,injury to jay person or p-o :erty; that in t1Te ev I,It Qf
<br />any injury or damage resulting from the w-)r': or resul_v- Iror", A-y matter or-thi:ig connected the.reivs#'h or
<br />arising therefrom, to any per5^n or property, Ire v 411 r,- y ar i110--date the ssme at his own expense, and'as
<br />,8urne the liaWlity'therefor; and in. the. event of any-cAim or clams bfIng mane or any action or actions hzir.g
<br />brought against thexcity by reason or on account of or.growin out of s-id work or its construction, th� s9;
<br />contractor will at his own -expense defend the same, and Nvili pa any judgment reeovered therein, and will in
<br />all respects fully inc:•:mnifyndsaveat m1eSs Tsai d city, its o��ers, agents or representatives from ;all.. cost,
<br />expense, payment or judgment recovered in connection with such claim -or claims, action or actions:- ..,4nd f
<br />within ten days. after.an ,srae actionis4begun,the city shall notify the contractor of the pendency;ther-of,
<br />thol kay judgment xretidei d against the city shall be .ponclrsive against the contractor and against,the surety
<br />an his oaristt faction bond, as .to-tk1 a,m©unt, Jiability and other.. -atters pertaining thereto,
<br />¢'.ri t ebr.t actor a xeagsv� =2ixt6a sa-d irk rotcrrierct' ,ro rime such Fe airs as may `�� ices .
<br />iW m4 fn4he ssaazer as fi by the a i a=sore to set -are ;tit- n lit au � : d- it ere.
<br />to i Oft-04 Smid. of Public �Vorirs a. bon ri ith =Mcieaat urtty thereon► RrA its nit a AmAt �a: � t
<br />i�ietpAlons, -And in "ng such repair w•ork. the cmimctor and 1lhe.,surety`on.hla Ituaravitee bond eh l
<br />#Ub)eet -to the sarne liability to the'city, and any otbe-r `person # r a" injury or dam&p to eny per- ka or, plop'£
<br />erty fe the same,manner and to the same extent as is fixed in _ e cast preceding paragraph co4erltnk, the e61%a
<br />R'li'bafenwork, __ ______________y______ is .
<br />And it is further agreed by and between said parties that Ithe aceepta►ikuto of 04w%ork provided for In tide
<br />Am"fPeCt, or the payment thereof, shall not constitute a waiver o;, the part of the city of any of the rovi
<br />lof to of this Contract, nor shall it release said contractor or the sureties. on his bond for the faithful pis too i,1t
<br />ef1ge thereof; nor shall the acceptance be prima facie evide ce of the perfortutuice of any provialon of tlik
<br />feudrAct, except to the extent of entitling the contractor t0 the contract price therefor,
<br />The Contractor agrees to pay for all labor and materials psed or furnished to be used In the ma iaN of
<br />such Improvement and ih the performance of this contract, whether done or furnished for him, or his 111retit,
<br />alseigna0, successor or subcontractor; and the city may resere out of any allowaiied made um any estjlflate
<br />in favor of the Contractor or 1.,- assigns, or out of the amou t due` -him or his assign# upau the etmpletion
<br />of.the work; so much. as ma} -:cessary to pay all -laborers or sxmateriai sties: for mounts du` thard tat
<br />work done or :materials used-• or furnished to be used in thi performance of this Costtnot stid the dpfuX of
<br />said work, and the county treasurer, acting as city treasurer, may retalts ftmontX oolleeted bum proper
<br />av acm assessed for said improvement to pay such debts or i nt l the wntr"tbY ihowe that they hivo We%
<br />pMd or *abased
<br />U. to remo- all rv9'�rsh,rearth, and .sed material inthe streets
<br />..xpon the coir_pletinn of the impro,Tem^ ct or the repairing th reof,
<br />The work of ifiraking s»ch improvement shall be completed according to the terms of this. contract on or
<br />beforethe-- - - -------•----------------------------------dav bf ---................ 6..................... ................... . ..... 19.........
<br />uni.ess the time ,for the completion of the sane shall be extended in writi::g by the Board of l?+akilic.`Worl.s,
<br />And it is agreed that any such -extension of time, or any, alter ,.ion of this ccn*tact or of the�ni nanner or eth-
<br />od of doing such work shall in no way affect the ditties; obligations or liabilities of the contractor arjas sure.
<br />ties:
<br />It, is agreed that the contractor shall not assign this contact, or sub -let the work or any part_ thereof to
<br />be done :hereunder, wkhoL t the w r it,:en cons it of the,.Board of Public Works.
<br />it is further agreed and stipul^ a _ed that �� contractor all give to residents_ of said city -and- county
<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 a11, the terms and conditions of this contract, and thing�� to be done and
<br />performed by said contractor the said city ages to cause the cost 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 />meets.
<br />To each of the conditions and stipulations of this contract, including,_ all and, singular the provisions and
<br />terms of the ylans, profiled specifications and resolution -aforesaid,_ the:. undersigned binds himself: or itself,
<br />and the..;resi;ective saiccessor or assigns of such parties,
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