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esdav July fjth,
<br />ont inued .
<br />The following bonds and contracts approved,,
<br />PUBLIC IMPR OVEMENT CONTRACT. T ,
<br />This Agreement$ Made acid entered in 'o this lst, day of July 1920
<br />by and between McCready Construction Company of the County of St. Joseph and State of
<br />Indiana (hereinafter referred to, as the " Contraotor") and the City of South Bend
<br />in the County of St. Jos-e ,--&nd-.-S-t*-te-of Indiana, by and through its Board of Public
<br />Works, (hera iri fter., referred to as the " C ity" ), under and by v irtue of an act of the
<br />ueneral Assembly of the State of Indiana, entitled " An Act Concerning Municipal
<br />Corporations, " approved March 5,1905, and all ,amendatory and supplementa acts thereto:--
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />concrete pavement on alley East of St. Joseph Strtet from Jefferson Blvd. to Wayne
<br />Street, in the City of South Bend, Indiana at and for the following pr ices :
<br />227 cu, yds. of grading per cu. yd....................1.50
<br />640 sq. yds . of 7 inch. c oncrete pavem nt per sq. yd... 3.25
<br />wind fie: perform all work in the prosecution of said impobvemen!t under and woordtw to Mile torms and op�i; .
<br />ditions of •Improvement i-solution No.....7 ........... ., adopted kip the Board of P' ublie Wort>,....April 6.{1920.
<br />and the plans, profile and specifications on 'file ih the office of -the Department of Public Works, �nl,ich dal
<br />resolution, plans, profile and specifications are. made -a part hereof as fully and effectually as if copied an
<br />set out herein at £ull length,
<br />'l he contractor further expressly covenants and agrees that fit the prosecution of said work all proper
<br />skill anal care ,= ;11 be exercis?d ; th_ t he ...:11 hron� r' ; T .rd ; a`^ t all excava*ions and dangerous placeg
<br />and ,}ill use all due and proper precaitio;i to pre`,%;% Y ijlju �. `'� :i v person or p ^�i—y; tb..a.t i-I ti,� evP t dy
<br />a(ty mjLliy or damage resultin from the w�-i: or tcs ;*irry from a-v ^- itte: or th?na ��tF g � , ris,^ d thereivi, E; or
<br />artsing therefrom, to any pers^n or property, he w1l nay ar i lie:iidate tht s .e 2t h,s or,n expense, and a.d-
<br />sume"the lisbility therefor; and in the event of any claim or clairis bring m ide or any action or actions b_-;- g
<br />brought against the city by reason or on account of or growing oatt of • :.=d ar its ern-tniction, il. , Ss;-]
<br />retractor will at his own expense defend the same, and will pay any judgmeat recave-^d"*herein, and w:" in
<br />respects fully indemnify and save harmless said city, its officers, agents or representatives from all cyst;
<br />eaFpense, payment or judgment recovered in connection with such claim or claims, action or actions. A-j-1 f
<br />Within ten days after any such action is begun, the city shall notify the contractor of tit,
<br />inn°any judgment. rendered against tine city shall be conclusive against the contractor and against the surer
<br />ig leis enstruetion bond, as to ti+ axfot5.iat, hs,bility and other,matters pertaining thereto.
<br />And the contractor agrees to maintiin.said in- rc eYnenttltiii make such repairs as nay be necessary foi
<br />the period and in the manner as fi:xed,hy the sp�cifica.tions, and fo secure t die maititenance grid fepair ther*a'f
<br />to file with the Board of Public Words a -bond tivith; sufficient surety thereon and,jn, an amount; rfter f-'b the
<br />specifications., .And in doing such repairworlt'tlie contractor end the suirety on his "guarantee bond shag e
<br />sublect''to the same liability to�the city and any other person,for any` ifipury-gr ciaraage ,to any pers n or,.prog
<br />erty in the -same mariner and: to. the -s nie--extent as is fixed in the
<br />last
<br />And it is. further last.precedighpcovei
<br />atruciioir y,the con -
<br />agreed by and £ietween said parties that the acceptance of the work provided for in this
<br />contract, -or the Payment .thereof, shall not constitnte.a waiver on'the part of. the"city of any of the pravis-
<br />ions of °this contract; lion shall it -release s� id contractor or- the sureties on leis.bond foF theJaithful perfori.i-
<br />ance 'thereof ; nor shall the acceptance be prima facie evide�e' of the performance of any provision of this
<br />contract, except fol the extent of entitling: the contractor to the contract price the fora'
<br />The a®i�tractor agrees to pay for All' latior..and materials tised or furnished to e. used in the making.oi
<br />such ixnprovemefit and in the performance of this co nteact,.:whether done, or furnished for him, or 'his agent,
<br />assig ee, successor or subcontractor; and the- c.ity`may=reserve out. of any allowance..made on any estimate
<br />id fa r .of the contractor or 1 z assigns, or out of the. a�ouxrt due him or his assigns upon the completion
<br />of the work, so mud~. as mai. cessary to paj� a l laborers dr zriateria men} for amounts due them, for
<br />work done or materials used or iiKnished to .be ..t sed in the performance of thjs contra— ct and the doing .of
<br />skid work, avid the county treasurer, acting as city treasurer, may retain money collected from property
<br />owners assessed for said improvement to pay such debts or urrcil the contractor shows that they have been
<br />paid Sit , satisfied -
<br />J ile co:ot•-a• c;• agrees to remo a.!l t _ sh, earth, and tin%,sed ti arterial _in ttte streets or irides 11bcrcA
<br />9up94 the completion of the improvemcnt. or the repairing thereof.,
<br />y- /.1}fitylLR-work :of, making citeLd improvement shall be completed according to fbe terms of this contract, on or
<br />be �D'i'a_•3e! V•'►'O• s• ................ 0`*-•V•T'4. 4....� -- day of ..---- --- Va_ t.d�ptr J- 920.- . ..,.�19. ._..
<br />unkss`.the thine for the completion, of the sar a -shall be ex*ended in writ ng by the Board of Public Works,.
<br />And;t is'agmed that nriy tti+ h eten�,ion-of time,or any alYelwtior}•`of'this. contract ar. cif.the manner or meth
<br />od o dPiA9.31 gh.wQrJ<.sb4l1 i;i.R0Iiy3y;4ftect,thc duties tbligations of liabilities of,th-�contractor or'his sure-
<br />ties.-;
<br />It'is_agreed that the :coiitra£torball not Assign this- contraht,.or stib-let the, work orany part thereof to
<br />be done hereunder, withor,t the vijitren co ,i int of the Board of Pubic Works.
<br />it is further agreed and sriniil,t,-d 01-'t,.t':_ contractor shall give to residents of, said city and county
<br />preference ins the employin<tnt 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 fail+are toobserve this stipulation.
<br />And upon: the performance. of all. the terms and conditions. -of this contract, ; and things to, be done and
<br />pperformed by;said contractor the. said.city agrees to cause th:e cost of doing such, work, to be assessed, e61
<br />lected snd paid,to said :contractor in the manner fixed by the .Statute governing the making of such ,iiiiprove-
<br />meats.
<br />To each of the Conditions and,stipulations of this, contract -including 'all 'and singular the provisions and
<br />terms of the. plans, .profile, specifications and resolution -aforesaid thie underjaigiied binds himself or: its,Of,
<br />and the respective successor, or assures of .such parties;
<br />In Testimony Whereof, ,We, the foregoing named parties, herauntsit set
<br />our hands this lst. day of July 19QO.
<br />MCCready Constr. �Co.
<br />CITY OF SOUTH BEND, INDIANA,,Per Paul Lieder
<br />. A. ELLIOTT Contractor.
<br />HARVEY F. ROSTISER
<br />JOHN F. DEHAVEN
<br />Its Board of Public Works.
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