|
50
<br />WAlinesdAv June Pan _ 1 921._ : Can inyed _
<br />PUBLIC IMPROVEMENT.CONTRACTO
<br />rat Arad d nto.red, i s nl�. f J a Ig21
<br />f e4>d beftweea iielerho �eaun .i';" J®aep t . d►e .®` Tndista
<br />eina ter refer i*ed to as the Ce3'< tox��, the tp�r a $cu $e d in the
<br />of Sty J eel ` 4 StMe _if , a t rou ite tsar �f �ub�ia� Werks
<br />a ter $ t e C ;> . V rtu or 44 Act of the
<br />et ol�oer in Mu ici. hl
<br />rp�rations, approved r .� ,end 's try an� supp,e nta� as s
<br />Preto
<br />Wien sect#,Metdt%ila%u�r is and agrees t construct
<br />t vlk urb:and re. �n v:irer er r eh Av ueto
<br />egvtigo #t ana ANT—an-1 ®r e e �w n r ee.
<br />6;P
<br />824 lin. ft. if earhi per 1- ft• ......-.......... 5
<br />1 sq. ft. or t- k er sq, ft...... , .� .... .�?
<br />lines 't ' .aT .off nere'te * iI per ].in -ft... • . • r r • 5, 0
<br />Grading per ou. y.................... :.:.:...: 0
<br />grid to perform 111 work jti the prosecution of Said improvement under and according fo the terms sod too."
<br />ditions of Improvement ,Resol+rEion -4ii, p. ,mop 64 by the Board of Public Works.,. 1921
<br />and the plans, profile and' p ci catibns 6n file in the office, o the bepa=.tment of Public Works, ww ch ssi�:
<br />resolution, plates, grdjiliCi,specificatons are inside a tof a's fully and effectually as i# copied and
<br />set out herein at #full length
<br />The contractor further exp,PM I covenants a. A agrees that in theproseof said worft all proper
<br />skill and care v�nll b' eite cir ; h t o r ll.pro*i L` 3 F o* r*• all" excavations and dangerous places
<br />and ,.lilt use AT'due atid'prgpet p caa}ion to pr�i ,r inyury .� �Fy person or prooer'y; that in the event 1.11
<br />any injury nr damage resulting from the v-4 6$ t +lei*�^.��frmmn a-�v ratter or thin- �0nni-^ted th�retrlt; or,
<br />arising therefrom, to any person or proprrtyy fft � *11.�1V anri lie; iid'ate the same at � is own expense, v1A.as-
<br />sume the liability theretor, arid in the event of any claim or claims being made or any ac'ion or aMtlonB
<br />brought against the city'by reason or on o.ccouat of o* groxving out of -:.d vror t or its coc+s,tr++coon, th P', j
<br />contractor wilt at his own expense defend the same, an'd will pay any judgment recovered therein, and' w,"; in
<br />sail respects fully indemnify and save harmless said city, its officers, agents or representatives from all e!'tst,
<br />expense, payrnerit; or,judgment recovered in connection with such claim or claims, action or actions, A-:,i
<br />within ten days after any such'actioa is begun, the city shall notify the contractor of ti.., pen+tn..cv then - f,
<br />then any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on hia txinatruction build, as to tb- antount, liability and other -matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and M4ke such repairs as msy'bQ ytee�ssat
<br />the period and in the mariner as fixed by the s0ecifications, and to secure tine -maintenance and repair �erL�f
<br />'to file with the Board of Public Works abond ivith suf%cient surety thereon ant In an amount as fi :. the
<br />specifications.. And in doing such repair work the contractor and' the suretyon his guarantee bond s4 y � subject to the same liabilityto the city and any other person for an injury r dama o an scn or p op- erty in the same manner anto the same -extent as is fixed in the last preceding paragraph Covering the eon struction irk.
<br />And it is•further agreed by and between said Fart?,ts..that the acceptance of tho,wrick provided for in tt:is -
<br />contract, or the payment thereof, shall not constitute a waiver of the part of the city of my of the provis-
<br />ions of this contract, nor .shall it release said cczitragtor or the aareties on his bend for the faithful perforiftr
<br />ance thereof; nor shall the acceptance be prima facie evidence 'of the performance or any provision of dais
<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 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' b,!z assigns, or out of the amount due him or his assigns upon the completion,
<br />of the work, so much as may cessary to pay all laborers or material then for amounts due them for
<br />Work done or materials; used or. iurnished to be used in the performance Of 'khi.s contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, ma retain money �oac red from property
<br />owners assessed for said improvement to pay such debts or until the contras or s°.owS that they have been
<br />paid or satisfied
<br />`line ec,at-a�*o� agrees to remoall rubbish, earth, and unused ra nteris,l in the streets or sides I i-rc :l
<br />upon the completion of the, improvement or the repairing thereof.
<br />The work of rnaking such improvement shall be completed before according fore the... P cording to the teritrs of tells contract on ur
<br />unless the time for the completio -- ...........t.......:....�.all be of............ --.......... ... .. 19 n oft sir. a shall be extended in writ g by the Boprd�of Publie WoOrs,
<br />And it is agreed that any such e•etenRion of timA, or any alteration of this ct',nitract or of the manner or meth-
<br />od of doing such work,shall in no way affect the duties, obligatiors'or liabilities of the contractor or his sure.
<br />ties.
<br />It is agreed that the contractor shall not assign this ',r.-w-`ra.^t, or sub -let the work or any part thereof to
<br />be done hereunder, without the writ en co nL_-nt of the Board of P+rhlic Works,
<br />It is further agreed and stipulated that �'! contractor shall give to residents of said city and county
<br />preference in the employment of all labor necessary to the performance of this contract, and failing to do so,
<br />shall` forfeit to the city the sum of ten dollars for each faih.ire 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 />pperformed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lected and paid to said contractor in the manner fixed b .. the statute governing
<br />Lients. Y g g the making. of such improve.
<br />To each of the Conditions and stipulations of this contract, including all and singular the provisions and
<br />teri:ns of the plans, profile, specification3 and resolution aforesaid, the undersigned binds himself or itself,
<br />and tl.a ricpective successor or assigns of such parties,
<br />•In Testimony Whereof, We., the foregoing named
<br />set our hands this 22nd,,.day of June 1921. 6 E parties, hereunto
<br />CITY OF SOUTH BEND , INDIANA. WHITCOMB & KELLER BY G• A. ELLIOTT BY F. W, KELLER
<br />H. F: ROSTISER. Pros.
<br />JOHN F. DEHAVEN Contractor.
<br />Its Board of Public Works.
<br />r
<br />
|