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T r
<br />PUBLIC IMPROVEIENT CONTRACT„
<br />s A re rent Made and en e d Into thi 31\ t e of A a 1 2I
<br />bby and betTeen W e C ns ruetAon Compare fl� W �Couj� y o 'i3 'wan ee, and State of
<br />3seons.in hereina ter re errs to s th Contractor � and the Cit of South Bend
<br />in the Count St. Jose , and St to o Ind anal b en through is Boar of Pu ie
<br />j y
<br />Works ereia er-referr a it and b vitae of an at o e
<br />_t©. t an
<br />General Assemb�y_of the State o rndiana, entitled An Act Concerning Mu�nici aI
<br />Corporations, app roved March ,19905, and al amendatory and supplemntal acts thereto:
<br />>�li�nesseth, that the contractor"covenants and agrees to construct-
<br />ppavement on Notre Dame Avenue from Jefferson Blvdj 'to St. Joseph R'ver, under Improvement
<br />Resolution No. 855 1n the City of South .Bend, Indiana,at and for the following prices:-
<br />355 lin.,.ft.. of curbing per lin ft:. ... ...:.3.65
<br />1772 cu..yds. of grading per eu. yd.,. ................1025
<br />10 storm water grates, each.-. .... ..............14.50
<br />350 lin. ft._of 8" conduit pipe,"per`lin ft... . 1.20
<br />10 inlets reset" each . ........................... 3.00
<br />4 manholes rese�, each.*. ............:....... 3.00
<br />5 4 lin. fds ©ofmriiidl eurb per lin ft........... .40
<br />4 7 q. y Tin ad Pavement per sq. d...... 3.80
<br />y
<br />and to perform all work in the prosecution of said improvement under and according to the terms wA cwa-
<br />ditions of Improvement Rtsoltition No......05 ............. adopted by the Board of. Public Works... IdlM011..�g,.1921 •
<br />and the plans, profile and specifications on file. in the office of the _ Department of Public; Works; which said
<br />resolution, plans, profile and specifications are made a part hereof' as fully a,r{d eiFectuai1� as if copied -and
<br />set out Nereid at full length. °
<br />The .contractor further expressly covenants anil agrees that hi the prosecution of said work all proper
<br />skill and care'Nvi"e exerciseil; that•he tv;ll properly "-Ir.! and p_01"^ct ail exc3vatiods anti. dangerous places,
<br />and will use all due and proper precaution to.prevent lInjury M —ir.•v per§oh or p r�sr, that, i•j *h^ eyent nj;
<br />any, injury or damage resulting from the' w-W-C or resulting from n� r�'tter or thiiir _n :r rd thermvi4 or
<br />arising therefrom, to any person or property, he =��ll pay anti liquidate the, s:me at has 6wo. expense, and as-
<br />sure'the liability therefor; and in the event of any claiin ..r claims be,pg mode �r any actioh car actions
<br />brought against the city by reason or on account of or growing out of r `d wor!- or its cbrsfrtiction, rh s^'
<br />contractor will at his own expense defend the same, and will' pay any judgment recovered therein, and �:r;.! io
<br />all respects fullyindemnify and save harmless said city, ifs officers, agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims; action or actions. And J
<br />Within ten days after any such action is begun, the city shall notify the contractor of "tke perdt ncy th,er- •;f,
<br />then any judg-went rendered against the city shall be conclusive against the contractor and against the surety
<br />ou hire constrLction bond, as to the asnourt, liability and other matters pertaining thereto:
<br />And the contractor a rec, to maintain said im�roverrent a:::; i.,.at c su•.ii repairs as may a� ti,c, scary
<br />the period and in ti+.e ti�annef as fixed by sp?ci cations, and to, secL.re tie maintenance and repair trier �E
<br />to file with the Board of Put"_c Wo;:ks a. bond vrith sufficient surety thereon and in an amount as fixed by ` ,,
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />sabject to the sat:.e liability to the city and any other person for any injury or damage to Any pers---a 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 betwe,-3 said r.trt-2s that the accep_ance of the work provided for in tf:is
<br />contract, or the payment thereof, shall not co nt!_rte a waiver on the part of the city -of any of the provis-
<br />ions of this contract, nor shall it retease said cc 1. rr:_c or or the sureties on his bond for thefaithfulperform-
<br />ance thereof; nor shall the acceptance be primf facie evidence of the performance of any provision of this
<br />contract, except to the extent of entitling the conbz ,ctor 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 ixnprovartent and in the perfr furnished for him, or his agent,
<br />ormance of this contract, whether done o
<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'-Nq assigns, or out of the amotui't due him or his assigns upon the completion
<br />of the work, so much as ma)- . cessary to pay all laborers or ma.teriat men for amounts due them for
<br />work done or materials used nr furnished 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 col'c-ted from property
<br />owners assessed for said impr.aves er-t to pay sti.ch ctehts or u=Iiil the c.,- t, c' c' t1, ,t trey Inane I—pain or sat;sfi.ed
<br />The contractor a.gre2s to remo":z 41'rubbish, earth, and unused material in
<br />upon the completion-of.the improvement.the ;treats (', or the repairing thereof, -
<br />The work of making such improvement shall be completed according to the tet`tz_s of this cG._tnact on et
<br />• before the -------------------------------------- day of....-..
<br />unless the time for the completion of the sane shall 'be extends in wr^* .LLg l y th q�rd of Public l V -ks�
<br />And it is agreed that any such extension of time, or any alteration
<br />od of doing such work shall. in no way affect the duties
<br />ties. obligations or liabilities of theocotr,tor or his sure -
<br />it; agreed that the contractor shall not assign this cf>,tr�rct, or sub -let the work or any part thereof to
<br />be done hereunder; v�tthot�t the y�ritten cgas.rit of the Board of 1p;.!biic Works,
<br />3t is fu ,tlier agreed acid stipulated th?f `e' contractor shall gi e to residents of : said city and cow y
<br />preference in the employment of all labor necessary_in the. perfrirr attce of this contract, and failing to do <y
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />co
<br />And upon the performance of all the terms and nditions of thir•d
<br />s contract; and things to be done a
<br />performed by said contractor ,the said city agrees to cause the cost of
<br />�aertts. doing such work to be assessed, cot
<br />Iected and paid to said contractor in the manner` fixed by the statute governing the making of such improve -
<br />To each of the conditions and stipulations of this contract, iacludin all and singular the terns of the plan';, profile, sp,,ificatior3 and resolution aforesaid,g Provisions and
<br />and- t' ^ t.,.;:pective succe scr or assigns of such parties, urarlersigned bineis himself or ;tself
<br />In Testimony Whereof,. We, the foregoing named parties, hereunto
<br />set our hands this 31st. day of May 1921,;
<br />THE WHITE CONSTRUCTION COS
<br />CITY OF SOUTH BEND, INDIANA. M. E. WHITE
<br />BY G. A. ELLIOTT Pres. & Treas.
<br />H. F. ROSTI-SER H* NV Detweiler.
<br />JOHN F. DES Contra S. (SEAL)
<br />Its Board of P%dtJic,Works,
<br />
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