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<br />797
<br />���i�-.�®l�ru•l�a
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<br />,PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGMENT FADE ! AND ENTERED INTO : THIS 24th � , ' day of June 1919
<br />by and between The White Construction Company of the County of Ullwsukea, ,and State of
<br />Wigeonsin(hereluafter referred to as the " Contractor"), and the City of South Bend,
<br />In the County of St. Joseph, and State of Indiana* by and through Its Board of Public
<br />Works, {hereinafter referred to as the " City"}; uOder aid by virtue, of an Act of Ithe
<br />General Assembly of the State of Indiana, entitledg " An Act Concerning MunicipU
<br />C arporat ions" approved March 6,19059 and all emendatory and supplamenta2 acts thereto:
<br />Witnesseth, that the contractor coveants and agrees -to construct
<br />sheet -asphalt :pavement on Lincoln Way West from Olive Street to -City Limits, in the
<br />City of South Beldd..Indian at an.4 for the following prices,:_
<br />3520 lin. feet of curbing per lin i't... a.. ... .35
<br />8006 eu. yds. of grading per cu. yd.......... ......� .85
<br />36 storm grates, each. ............ ..10.04
<br />1560 lin. feet of conduit pipe, per lin ft.......... .80
<br />20 inlets., reset, each........ ....................... 2..50
<br />640 lin'. feet of marginal curb, per lin ft...... > ... 20
<br />12 Inlets, reset, each . . ............................ 2.50
<br />10.6 lin. feet of mnholes, per lin ft ..........:.. 5.00
<br />F 16014 sq. yds. of Trinidad Sheet Fake Asphalt -
<br />per sq. yd .......................... 2.70
<br />and to perform all work in the prosecution ofsaid improvement under and according to the terms and epn-
<br />ditions of Improvement Resolution No.....659...--.----•., adopted by the Board of Public Works.49: 1.11..t.,a 1919.
<br />and the plans, profile and specifications on file in the office of t1:4t I3epartment of Public Works, which said
<br />resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill ar.d care r!, 1 be exerc: cd; that he '1 ,,,•on ._ a it p )" 't All excavations and iangerous places,
<br />and ,ll use all due and n ^-)er prec i t ore � ;t �y `� .ry person or i -^- r`y; fb: t i�l �hA event of .
<br />any injury or damage resulting f_-^:;: t'.. from .!-y !*,1t+(r or th;ng (-only coed there�F'ilr . or
<br />arising therefrom, to a.ry persA_i or prep=r`v, he 11 ngv a:r^ i,,,_,,idate the s:rie at.his own ,expense, a.nd as-
<br />surne the liability ther--ior; and in the e-,rent of any (Ja m or claims h:ing.made or any action;or;actions being.
<br />bro.-,fight aga;nst the city by reason or on a.^^ou�:t of or growing out of y id c�ort; or,its construction, the said
<br />contractor will at his oven expense defend the same, and will pay any judgment recovered therein, and }v' I in
<br />all respects fully indemnify and save harmless said city, its officers, agents. or representatives from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. And .f
<br />within ten days after any such action is begun, the city shall notify the contractor of tine pendency ther of
<br />then any judgment repdered against the city shall be conclusive against the contractor and against. the surety
<br />can h;_3 constrvction bflr_s, 2s to tb 4mount, liability and other matters pertaining thereto.
<br />And the contractor agrees to rnai twin said improvement and make such repairs as may be necessary fir.
<br />the period and in the manner as fixed by the specifications, and to secure the maintenance and. repair thereof
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed,'by the
<br />specifications. And in doing such repair work the contractor, and the surety on his guarantee bond shall be
<br />Subject to the same liability to the city and any other person for any injury or damage to any person 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 the provis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful`perform-
<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 used or furnished to be used in the making of
<br />such improvement and in the performance of Jhis contract, whether- done or 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 u ' assigns, or out of the amount due him. or his assigns upon the completion
<br />of the work, so much as ma cessary to pay all laborers or rimateriat men for amounts due them . for
<br />work done or materials .uses .urnished to be used in the performance of thiscontract and the doing. of
<br />said work, and the t:ounty treasurer, acting as city treasurer, may retain :money cvitueted,from property
<br />owners assessed for said improvement to pay such debts or untij< the contractor sbows that they have been
<br />paid. or satisfied
<br />s to :sing. all earth, and hn+zsed material in the stye its or, tides.theroot
<br />upon the completion of the improem: ;it or the "repairing thereof.. `
<br />:The work of making nch Improvement shall be completed according to the terns of this eontraet'on or -
<br />i,e#ore the ------------------------ 141& '--- -- -- --- -- day of; - sept�b,e +
<br />unless the time for the completion of the sai—,: shal)-be extended in writi g- by'. the Board of Public Wo s,
<br />Anh -it is agreed that any such-e+cten-ion:of time, or aiiy alto ation of this>contract or:,o€.the marmer'izr meth-
<br />od of doing such work shall in no way affect the duties,'obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor shall not assign this contract,or sub -let the work or any part thereof to
<br />be done hereunder, without the -written coil :;ni-..of the Board of Public Works.
<br />It is further. agreed and stipulated jh? t t'., 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 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 ,roes to cause the cost. of_doing such work :to be assessed, col-
<br />lected and paid to said contractor in the i�armer fixed by the statute governing, the making of. such improve -
<br />To each .of the,conditigt s ,atxd stipulations of this contract, including all acid singular th6. pro sons and
<br />terms of the plans, pr®file, specffiications and , resolution aforesaid, th+e under a Seed binds himself -pr itself,
<br />and the.; respective: successor or assigns,of 4*0 "O'es.
<br />IN TESTIMONY VHERE4 Weth f atego 13% ed naMed.part ias,
<br />hereunto set our hands. this 24th'. day of .June ' 1919
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