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<br />PUBLIC TMPROVOMITT CONT-RACT.
<br />11h1b AUK.Nj?1J.eRT, Made and entered into this 28th. , day of May 191E by and
<br />between Williston Construction Company of the County of Rook and State of Illinois
<br />(hereinafter referred to as the " Contractor"), pod the City of South Bend, JjE in
<br />the County of St.Joseph, and State of Indiana,, by and through its Board of Public
<br />Works,, (hereinafter referred to as the " City"), under and by virtue of an' Act of the
<br />a,
<br />General Assembly.o the State of Indian,. entitled An Act Concerning Municipal
<br />Corporations, " approved March 6 1905, end all emendatory rend supplemental acts thereto
<br />Wltnesseth, that the contrsctor covenants and agrees: to construct
<br />asphaltic concrete pavement on Harvy Street Strom Allen Street to Blaine Avenue, in the
<br />City of South Bend, Ind ie,ne., at are for the following prices:
<br />145 cV, yds. of grading per cu.d............... .. ..$.71
<br />resetting 4 inlets, each.. ......................0.0.02.00
<br />Reset 1 manhole to 2 00
<br />845,sq. girds. of asphaltic concrete pavement, using
<br />Tri4ldad Natural Lake Asphalt, per sq. yd— v e .......1.94
<br />1 to perform all warm 3n-t$e aroow-tion o said impt *ement under and according to the terms and cot,
<br />"Ions of Improvement WsolUtJ* i 140.. ,;»,»...»..., adopted .b. the Board of Public Works„11,19,18.
<br />and the plant, profile and spexifiea+ions on %la -t the ofte of the Department of Public Works. which said
<br />resolution, plans, pro#?e and speeifientions are made a part hereof as fully and effechtafly as if copied and
<br />set out herein at N1I lenCth,
<br />The contractor further expressly covenants and agrees that in the prosecut op of said work $4 proper
<br />skill argil care he exercfs?d; ti -:: he °`t proper'. �� ; a : i 1 ;sr r: all excavations i[lqd dangerr t pieces,
<br />and • ?'1 use a�' due and prQppr prCC41at'rll to nrev_° it injury o ny person or prarrrty: ti'ar i*� the event �
<br />any injury or damage resulting froni-the w- r or result%-+y frQm anv *ratter or thug c�»1neltP� t},ertetrfii� or
<br />therefrom, to any pets^n or property, he %ll�rap ar�i licoidate the savae at his own eapmse, and as-
<br />sume the liability therefor;,and in the event of any claim or elp+ms .b:•ing made or'any ae'ticm os actutus be*
<br />brot.ight against the city by reason or on account of or growing out of said work or its construction. the sa
<br />"tractor will at his own: expense defend the same, and trill pay any judgment recovered thereoo,. d gill is
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all coal,
<br />expense, payment .or judgment recovered in connection with such claim or claims, action or actioes. And }f
<br />within ten days suer any such action is begun, the city,shall notify the contractor of the pendenre'y thread,
<br />then any judgment rendered against. the, city shall be conclusive against the contractor and against tine swety
<br />so his construction bandi as to the amount, liability and other matters pertaining thereto.
<br />A< tie cot=€rActor .• rccs to maltain said i TQY,.;r eftt a �. ,,.• ���.: ,,. ,.
<br />the �riqd and in the ma kner as hid �_ � by the it�l►ci cat3(}ne� and t9 ScC..re tip_ lu;;l �.�o-i..,, a:.:i r�p�r •-• ,.
<br />to file with t re Board of Public Works a bona iV ith suMdent surety 'borer,:z and in an amount as nxed u;v '._h<_
<br />ape ihcations, And in datl:g such repair, work the contractor and ttie- surety -on hi_ guarantee bond shall lie
<br />subject to the same liability to the city and any other person for any injury or darnage to any per~an or prop-
<br />erty, W the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />atruedba work,.
<br />And it is further agreed by and - between said parties that the acceptance of the work provided for in this
<br />eontrsct or the. payment thereof, shall not constitute a waiver on the_past of the city of any of the provis-
<br />tans of iZ, contract, nor shall it release said contractor or the sureties on his bond for the faithful perform -
<br />once -thereof; nor shall the acceptance be grhos facie evidence of the performance of any provision -of, this
<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 itnprovemebt and in the performance of this contract, whether done dr furnished for him, or his agent,
<br />-assignee,, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />In favor of the contractor or his assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so touch to may be necessary to pay all laborers or materiai tutu for accounts due them.' for
<br />work !lone , or Materials used or foulshed to tic used in the performance of this .contract and the doing of
<br />said w9r*, anid the county treasurev, acting as city treasurer, via retain money collected from property
<br />ownera'00ses4ed .fac said improveMent to pay such debts or unia't the contractor shows that they have been
<br />.maid or, *idsfied
<br />ro'rem;ell ru+ :)ish, earth: sp4-vn,;sed �materisil'in *n.atre**-.� ies rr4a r
<br />apoti the completion of the irrfurov ; ,t or the repairing thertal
<br />The work of makir_g srrhvEtttent shall be-comAleti d accordirr, to the terms of,this.critract on or
<br />before the...............:.......................»......:.._.......».......a,...dav o`f.......e�ii ug {} ...... .....:...........,.,.. 19..........
<br />up!'ess the time #or the compieti.on of the same shall be extenAsd to w+,t,n:g by tbr; arc} of Public Works,
<br />And it is agreerl`that ,9ny such evenn$ion of f+re, or any alteration of this contract or of the manner or meth-
<br />od of doing such work shah in no way affect the duties, obligatior3s or liabilities of -the contractor or his sure-
<br />ties,
<br />It is agreed that the contvactor shall not assign this contract, or sub -let the work or any part thereof to
<br />be done hereunder, withrut the writ:tn cou.-,at of the Board of Public Works.
<br />It is further agreed and titipulated that the contractor shall 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 tin 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 />perfortued by said contractor the said city agrees tip 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 improvt-
<br />manta. -
<br />TO," of th4 a moons said stipulations of this ca*ract, including all and singular tote provisions and
<br />terms of the, planes- peditle, Specifications_aatd besoluti t, aforesaid, the und4roigneo binds' himself or itself,
<br />-,nu the respective successor or issigoi of Mtch, parties.
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