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<br />PUBLIC IMPROVEMENT CONTRACT*
<br />T$ISAGR SENT M de d ante d into this, h d o f M 1c�21
<br />by and between McCreEad-- Cttsr.`. andie Aetna Caa,susq �& rety bf Hartfrld
<br />Conn., as suret' o t e County�o St. Josephand State-OYLIndiwm (hereinafter
<br />referred to as p
<br />�`�ie Contxactcr , >a�nd the Cat of .Bauch Bend in the Cmu ty of St.,
<br />Joseph, and State unf India2a, b_ and through is'Board of Public Works, hereinafter
<br />referred to xis the City") -under and by virtue of an Act of the General'AsseWbly
<br />of the `State of I diana, entitled An Act Coneernin Muniici 1 Corporations,
<br />approved h�arch 6* 905 and all $mendatery and supple ental a -a thereto:-
<br />Witnesseth that the contractor covenants and agrees to construct
<br />av�ilnt� on Sorin�Stieet ro? Emerick Stleet�to Neddo Court, in the City of South
<br />en n iana at an art e o owing pr ces.
<br />curbing per lin ft....,....".......... .......40
<br />91'cu:. yd: of rading per cue yd............ .95
<br />g
<br />370 sq4 yds 0 7" concrete per sq. yd....... 2.45
<br />aad to perform all work in the prosecution of said impYoV etaf tL the te'_ r?a r.. n
<br />ditions of. Improvement Resoftttion.,No 8.5.4_ ........ adopted bythe Board of Public Wcr1cs... BrCh 15 1921
<br />and the plan p oflle +aittl'tape i-fircations on ftle to the: office of the Department of Public Works. which said' resolutlotl, an , t OROifica.tions are made apart hereof as fully and,effectually as if copied and
<br />set out,liere}i iule;n�i
<br />The Captractbr ftirther ex#ressly covenants and agr".8"64i in the prosecukloti of said woi'1e 9:11."proper
<br />skill and care VI b� exerciseiif, that he j;11 �rqn'*art I i r• )• + all excavations ar• dan e
<br />and �v+il 104, &C od l�tfa�,el' �fecautjerl to pfPye�+t injil v„to .rv.person or r-cr «y; trot ;-1«tip � places,
<br />any tnfu y o Manage re�tffting rem the wnr?. orgies?}}tir from; a�:v f^ +ter or th+np "err^�'Fd tlierets+iti; or
<br />arisifig t ihrei'rcam, I* any person or property,. he _,xrHl.pav and. li ,��id7. the sane at Pis et•m ex nse, 9+,d a.s=
<br />some the liability therefQr� and in the event of. any claim or claims, bP+ng made or are action P
<br />y s times h
<br />brought against ,;the city by reason or on account of or growing out of s- id work cr its.ccr1tr,icti^-, ,;::_s�;A
<br />contractor, will °at,his pan expense defend the same, and will ply any judgment recovered therein, and w".. -
<br />all respect$ fully indemnify and; save" harmless said city, its. officers, agents or representatives from akt c'r�t
<br />expense, Payment or judgment recovered in connection with such claim or claims, action or actions. A -;a`
<br />within 'te'n days afti#; any such, action is begun, the 'city shall notify the contractor of tie oendencf then
<br />thm—axy judgittei3t relxd�er�d aj-ainst the city shall be conclusive against the contractor and against the surety
<br />' 1 *QaS �,rctix�as "tp th- ar: xs-t, liabilivy and other matters pertaining thereto.
<br />And the contractor age: ees to maintain. said 'improv;=i cnt aiw t ml.e sure repa,r, W:. ,ay ; nt c4ssar,
<br />the period and in the manner as fixed by the specifications, wad to stc,"re sae raaint=1a;ice and repair th �rcaf
<br />to file with the Board of .Public Works. a bond ,with sufficient surety thereon and in an amount as fixed by h
<br />specifications; And in doing such repair wort. the contractor and the suretyon hi
<br />subject to the sar::e liability to the city and any other 'person for any injury r dare:a�;'e `toranyepebond oshpl ale
<br />arty in the same manner and to the same extent as is fixed in the last precedin paragraph covering the con.
<br />rF
<br />struction work.
<br />And it is further arteed by and between said r-,rtias that thaacceptance of the wnrlc proJided for in thfs
<br />contract,:. the, payment thereof, shall not constitute a waiver on the part of the city of any of the prpvis-
<br />ions of this contract, nor shall it release said contracaor or the sureties on his bond for the fartiiful perform.
<br />an thereof; nor shall the acre tance be
<br />P prima facie evidence of--thi performance of any provision of this
<br />contract, except to the extent of entitling the contractor to the c-onrfact 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 this 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 assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as. ma,
<br />.1
<br />work done or materialcessary to pay all laborers or material men for amounts due them for
<br />s used or furnished to be used in the performance of this contract and the "doing of
<br />said wprlt; anal the county treasurer, acting as city treasurer, mar retain money collected from property
<br />owners' assessed for said itnproroxie*it to pay a+,tch e�!its � ,,%" -'ue c_m• t r &,�!l-.,s t,9nt they have becn
<br />paid or satisfied
<br />n ' l 3L' el.s to remo+-� fill rub; ;5ish, earth, and un�:sed rriatecia.l in the atfi%Ata t)t si�i
<br />��on: the cornplekion cr the improvemr :it or the repairing thereof,
<br />The work of ma.lcing sil^h improvement shall be cornpleted RPcordirrg to the terms of this, torntr'act oft of
<br />before the.
<br />.... ............
<br />unless the time for the corrmletisn of the same sh^li b� ..,.'. :.:::::::,:::::::: ":::` ::' ::::::� l�:•:::>:-:,
<br />And it is agreed th .t an I - + e ertt'1({ed it, i " * g by tha board �€ Pubb Werlts.
<br />y _v. h , en ion of tip ,e, or any alterr_`?on of this ct±tract ®c er€ the itianiict Of meth=
<br />od of doing such work s.ha.tl in no way affect the duties, obligations or lipbillties of the contfAetor or his sure=
<br />ties.
<br />It is agreed that the contractor shall not n.ssign this or suh=let the work or•ariy pact ttiereof•ta
<br />be done hereunder, �vithoi t rho of the F, ,!rd cf P.:hlic Works
<br />It is further agreed and stinulatrA th 't r'.;. cnntractor shall give to residents of said city and coufliy
<br />preference in the employrrr nt of ail labor necessary in the perforance of this Contract, and failing to=dQ'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 said city agrees to cause the cost of doing such work to be a.asessed, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of ®tick improve;
<br />taents.
<br />To each of the conditions and stipulations of this contract, including all and singular tha prOVISions and
<br />terms of the plans, profile, specificatiorra and resolution aforesaid, the undersfgi�ed
<br />and th14.respective successor or assig is of such :parties, hinds 131ittsglf or itGe}f
<br />In Testimony Whereof, We, the foregoiing named parties, hereunto
<br />set our hands this 16th. day of May 1921.
<br />CITY OF SOUTH "BENDS INDIANA. MCCREADY CONST. CO.
<br />G. A, ELLIOTT GRANT.MC CREADY.
<br />H. F. ROSTISER Contractor.
<br />JOHN F. DEHAVEN
<br />Its Board of Public-lWorks.
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