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<br />PUBLIC IMPROVO4ENT CONTRACT.
<br />THIS ACREEMTp;cA+ZMFI-?Q lf fe;gi(;Tthis 29th., dray of April 1919
<br />by and between The Western Construction Coripany of the Csihnty of St. Joseph, and State
<br />cf Indiana, (hereinafter referred to as the " Contractor, "), and the City of South
<br />Bend in -the County of St. Joseph , and State of Indiana, by and through of Public
<br />Works, ( Here idafter referred to the " C it y" }, under and by virtue of an Act of t11e
<br />General Assembly'bf the State of Indiana, entitled " An: Aet Concerning Municipal
<br />Corporations, " approved March 6,1905, and all am-ndatory and supplemental acts therete: w
<br />witnessenth, that the contractor covenants and agrees to construct
<br />asphaltic concrete pavement on Calvert Street; from Michigan Street. to Higli Street In
<br />the City of South Bend, Indiana at anit for the follev►ing prices:"
<br />1460 lin. ft. curbing per tin ft....... ............ .30
<br />2721 cu. yds. of grading per cu. yd................. .a5
<br />1000 au. yds. of extrq fill, per cu. yd............. .50
<br />18 storm grates, aa,ch. ...:........`............... 9.00
<br />484 lin. feet of c onduit pipe, per lin ft........... .80
<br />.24 inlets, restst,-eraeb......................°........2.00
<br />450 lin. ft. of marginal curb, per lin ft........... .20
<br />7 manholes, reset, `each ........000.......4.......... 2.00
<br />combined curb e,nf gutter, per lira ft.....:.......... .70
<br />1`0175 `sq. y4s. of Trinidad Lake Asphaltic concrete
<br />par sq. yd ............................ 2.32'
<br />and to perform all work in the prosecution of said improvement under and according to the t con-
<br />ditions of Ineproregte=lliCsolution-No. _ :.__., adopted by the Board of Public Works
<br />and the plans, profile and specifications on file in the sifiee of the Department of Public Works, which said
<br />resrrlution,:�lans,ofilr, attd specifications are made a *kf1t'-hereof as fully and effectually as if copied and
<br />set out herein at'f+all length.
<br />e contractor further expressly ;covens ts° and asreis fha# in the -prosecution of said work all *roper
<br />sicil.a-,,1 c;are•� 'l h�•exercr�*;; tE_: he -�'TtY-►xr���_-`�i•i'jafl ex^ovations ar.d dangerous' plat-s,
<br />and '6' i use.rl dui 2rd Prone* prA.�a.?`i7u tc, r)r2�*r< tt'tnin..t'o ;r V peraort `T 1'��:'*`v; t?'at in tbt ev'nt Qf
<br />arty injury rr ciatri+.ae<r *s tl'ih frrin OT; G r'. ^onr-ct-4-therewi4t or
<br />.arising thvrAfrom,• *).any or Prop-rtv, h - std nate arvi.lict!ir#3t'e •tl�,�safie .at bis own expense, ard as -
<br />sun a the liability therefor; a - .d•in the e:! t "of -any 04M.-i ar claims-bf fig made or my action or actions b-2ir.g
<br />brcuiht.agalri^t the city.iy reason or. oii aceouitt of --or s id,myWc.-OT its-gonstruetibr, th:- sat i
<br />contractor wiltat his own expense defend the same, and wig -pay any jud 4n rerpovertd therein; and will in
<br />all respects fully indemnify and save harmless said city' -its officers, agents or'r-epresenxativ�es from all cost,
<br />expense, payment or, judgment recovered in ,costnection �vitli such claim or claims,. action orons: And f
<br />within ten days after any such action is begun, the city shall reify the contractor of'ta� ,pendency thereof, ,
<br />then any judgment reuclered against the city shah be . against -the contractor and a.gainst the suret
<br />on his construction bond, as to tr -mount, liability and other.matters pertaining,tlereto.
<br />And the eoncractor agreas to maintain said improtternent aL.d raake such.bepairs as may _ t rec ssa_.
<br />the period and in the manner as fixed by the soecifications, and to secure the maintenance and repair thercoi
<br />to file with t'te Board of Public Works a bond with sufficient surety thereon and in an amount a-# fixed by the
<br />specifications. And in doing such repair work the ebntractor and the surety on his. guarantee bond shall be
<br />subject to the s=me liabilit' to the city and any other person for any injury or damage to any perya-,, or prop-
<br />erty in the same,manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />And it is further agreed by and between said parties that the acceptance of the work provided for in this'`
<br />contract, or the payment thereof, shall not constitute a waiver on: the'Part of the city of any of tl.e provis-
<br />io,-s of this contract, nor shall it r�lea�e said contractor or the sure ies on his bond for the faithful per:orm-
<br />arice thereof; nor shall the acceptance be prima facie evidenceof tht pertorma: ce of any provision of this
<br />contract, .except to the extent of entiti_i.ng the contractor to the cantfict price therefor.
<br />-The contractor agrees to pay for all labor and materials used .or l't rnish�_;cl to be used in the making of
<br />such improvement and in the performance of this contract, whether done cit `Furnished :for him, or his agent;;*F
<br />assignee, successor or subcontractor; and the 'city may_ reserve out of any 4d1f)wance made on any estimate;"
<br />in favor of the teat%actgr envsswgm, or out of the amount due him or his assigns upon the completiosl, `Q:
<br />of the works so much as ma- pessary to pay all laborers ctt materiar men for amounts due them for
<br />work done or materials uses . _arnished to be used in the performance of this contract and the. doing of,
<br />said work, and the county trQ:awrer, acting. as city treasurer, may retain money collected from property
<br />owners assessed for said improvement to pay such debts or urrd'1 the contractor shows that -they leave beer
<br />paid or satisfied
<br />to remc all ru!)Nsrt, ear±�j and unt;s -
<br />span the completion of the improvement or the repairing the,-�of. 11ter ai in the strc• is tit eider s'�ersU#
<br />The work of mat-ir_; s„ch improvement shall be
<br />before the..-... coriu}e4Pd accordir_ to the terms of this contract on o�
<br />--•-
<br />- - --- - - da
<br />unless the time for the CO^i^le±ion of the v of-- — -
<br />- -- -- 19 - ....
<br />And it is agreed t1; ± sa? a shall be ex*ended in w:-iti--.g by the Board of Public Works,
<br />- any such Axter Cion of tin -, or anv alterr.;ion of this contract or (lf. the manner' or rleth-
<br />od of doing such work snal ;n no way a+xPct the duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor sha.il net .ssi;n this contract, or sub -let the work or any part thereof to
<br />be done here??nder. the "r � ,-_.� of the B^zed of Public Works.
<br />It is furi:her agreed a;-d "re contractor shall hive to residents 6f said city and county
<br />preference in the employrrt-nt of Iii labor necessary-i ,the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sizrn 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 cause the 'cost of such -v ork to be. assessed, col-
<br />lected and paid to said contractor in the manner fixed by the statute .goyecni6jt the making of such improve-
<br />n ents.
<br />To each of the conditions and stipulations of this contract, includipg alt and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, tine undeigned birds himself or itself,
<br />and the respective successor or assigns of such parties.
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