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GP51
<br />CITY OF SOUTH BEND, IND IA NA .
<br />G. A. ELLIOTT
<br />HARVEY'F. ROSTISSER
<br />JOHN F. DEHAVEN
<br />Its B *r d of Pub 1 is Works. ,
<br />UBLIC IMPROVEMENT CONTRACT,
<br />Thi, Agrdment, lds,de and entered into this 29th., da,y of April 1919 by
<br />and between the Western Construction of the County of St . Joseph,, s,nd State of Indian*.,
<br />(hereinafter referred to as the " Contractors)', and the City of South Be►>tld, in the
<br />C ounty of St. Joseph, and State of Indiana, by and through its Board of Pdblic W*rks
<br />(hereinafter refeerad, to as the " City" ), under and by virtue of an Act of the
<br />General Assembly o the State of Ind. iarla, ent it -led "• An Act Concerning Municipal Corpor-
<br />at ions," approved March 6,1905, and a -11 a,menda'tory grid supplcm-ntal acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to asphaltic concrete
<br />Pavement on Kea,seay Street from Carroll Street to High Street, in the City of South
<br />Bend, Indiana at aof for the following prices:
<br />curbing per l in f t ........... • ...................... .30
<br />1476 cu. yds • of grading per cu. yd..... ............ . .85
<br />18 storm grates , each.......... .............. ... 9.00 -
<br />45.0 lin..ft. of 8*, inch pipe, per lin ft............ .80
<br />14 inlets, reset ,.'eaek. • • ........... • ............ 2.00
<br />4 manholes tops reset, each ..................... 2.00
<br />325 fin. ft , of marg inn 1'curb-, ' per' l in ft ........... .20
<br />_ 53.7 0 Rs q , y .s . of Tr in id adLake Asphaltic concrete
<br />per dq. yd. .... ..'......... 2.32
<br />OW fmfn as w the W"Cestjon of Baia imsps+eaemasst� sad ace N �'11R1Y(e IN*
<br />IE i�wrei►e�eat Al�teW No, �? II ., the Bc�srd e# PrQfia► �11q Fib . 15 t h.1919 .
<br />allli� V#If11ie 'wd _9 f 7�c#tfon! on file in the e6ee of the flaps.-ttaeut of Pa �A% i, w
<br />ldie;p�11+e,+#1e. sAd_ sPCdfiestions are made a fort > as sad a
<br />bs3risrat, fail in",
<br />s eeftf? et+er- further, e,wp wily covenants and agrees the ter lTte cut sre� all
<br />r
<br />and ce►re u�+'t by sercisel, tt .t he •e n*�,. . ►�:: ; a p►�.�:: e�,yvaio�ta
<br />"d +aft! file -0 this erd * et r?' ..i`!u.1 *o ore, t ini- }�.v p
<br />�' � p "'7' • �► person or g: e:s3styi.'�►.� ��. t#se ev4r+t
<br />it+t+t of dttttaa ttftisi*tns fr�rntr �*• r �r ro�� ±;.•
<br />I � .g fr*im a•+y w+att�.r or d �*tkerev►� A!
<br />`r singtherefrom, to any petrcn or nreaperty, hN •11 ntlsi av ar�i It�idate tht same at'h�o
<br />is aura aa�enie, 604 at• three The llawffty therrfcn, and in the event of any claim or claims math or an
<br />e a+!"t the cif y l
<br />S y h7' reason: or on t►ccaunt of or grswing esat f s>tid• work or titaD�f^ *# � al
<br />O/tltfa,06f Wiu at his own expense defend the same, and well pay any went rm%gw d xlteralth of .W11 to
<br />iM ferpekUfiiityfstdemnify and iave harmless said city, its officers, age:zts or rim Imn on
<br />art 8111e1 pays0, or iLtdgtnent re,Covered in connection �a noel- chute or calms, eta
<br />within tO days after any such action is begun, the city sha# notify the eontesew d 4hiDr is#lfNni, Altd' i
<br />e � y #Ache
<br />tllen any iuelgmant rendered against the city shah be condmaive against the contrwW aifd
<br />ea Mrt
<br />Yin Coast ICltoq bond, as to tip ^mount, liabili* acid other asatters pent"Of 641"a
<br />And the conrractor agrees to maintain said improvement ar,c waice such repai,s as may 5E! necessary -
<br />the -to period and in. the manner as fixed by the specifications, and to secure the anainttnance and repair thereoi
<br />file with the Board of Public Works a bond with sufficient surety thereon and in an amount z4 fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee _bond shall be
<br />sub}act to the same liability to the city and any other person for any injury or damage to any person or prop-
<br />arty in.the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction worb,
<br />And it's further agreed by and between said parties that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall n )t constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful pertorrn-
<br />ance thereof ;' nor shall the acceptance be prima 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 tared or furnished to be used in the making bf
<br />such improvement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or, subcontractor; and the city may reserve ont .of any allowance rriada�'-on any estirriate
<br />in favor of the contractor or ' assigns, or out of the amount due him or his assigns upon the completion .,
<br />of the work, so Ateruch as mG .-zessary to pray all laborers _gr material men far amounts' due thenT' for
<br />work done or materials uses .srnished to be used in the performance of this contract and the doing of
<br />said work. and the county -treasurer, acting as city treasurer, may retain money collected from property
<br />owners assessed for said improvement to pay such debts or unu'1 the contractor snows that they leave been
<br />paid or satisfied
<br />z re. ' z—'n to temp ail ruSbtsh • earth, and unl?ged materia; ir: the streets or sleet t W4
<br />a. e2z
<br />upon the Completic.n of the improverris-;tt of t}te'repat.ring ther�o£.
<br />The work of malrij saa^h -improvement shall be -ol toleted accor ;n.
<br />before t2'e.__...... ..o�__..__+. o
<br />---------------------------dav of -
<br />'x
<br />unless the time rot the rclmpletion of the sar'- mot• S COft
<br />#en th+ contract on or
<br />shag be extended r
<br />And it is agreed that any s Tch extension of tinry l ` L#oarcl of Pub�t` ;11�o,;�'!rs,
<br />od of doing such work shall + , or any alteration of this cont,-act or o` the manner or rogth-
<br />g Z no way affect the duties, obligations or liabilities of the contractor or -his sure-
<br />ties.
<br />It is agreed that the contra• or shall not assign this contract, or suh-let the work or any part thereof to
<br />be done hereunder, with;.)"t tbe-..;,-;;.;;-.
<br />Il co :.: t of the Board of Public Works.
<br />p It n further agreed a^d i7,ai' e contractor shad? give to residents of said city a d cour�*y
<br />reference in the employ- �tnt of a 1 labor necessary in the perfort-nance of this contract, and fa.iing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipuiation.
<br />And upon the performance of all the terms and conditions of this contr
<br />performed by said contractor the said city agrees te, cause the cost `€f dui " �` �s to be don a�
<br />leered and paid to said contractor in the manner fixed by the statute oxr warts to assessed,. �j_
<br />ments. - g �0w making of such improve.
<br />To each of the conditions and stipulations of this contract, including all aid singtilaE,the ptotasioas
<br />terms of the plats, profile, specifications and resolution aforesaid, the nod
<br />and the respective successor or assigns of -such parties. bWds himself -or itself,
<br />
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