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'53 4
<br />r
<br />1921.a CCo ti ued
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGREEMENTy Made and entered into this 9th. day of July 1921
<br />b $nd betty en White construction Compan of he Cou t f St Jose hh and State
<br />o Indiana hereinafter reT*erred to as tKe ontractoi14g, and the Bit of South
<br />t o foun of St JState f n i ygf b nd th oh Itgs Boa d'
<br />tJa0fe1Rgtj1sg�etEand
<br />yoe S a°,t $o f ndian�ay ,.t t?JJ 0 ue °. a
<br />ing Municipal corporations , approved March, 105 $'d n y a �mcern
<br />supplemental. acts theretot � 9 , n all amendatory and
<br />liner that thhe c nt act r covenants and agrees to construct
<br />pavement on treat from St.<t au s B vd. to t. Peter street, in the City of
<br />South Bend, Indiana at and for the :following prises:-
<br />215 cu. yds. of grading per cu. 7d•.................1.25
<br />2 reseeting inlets,each....... ....`................. 3.00
<br />25 lin. ft of merg curb per lin ft............. .40
<br />960 sq, yds. of Trinidad Asphaltic,concrete pavement
<br />per sq. yd............... 3.55,
<br />and to perform all Work in the prosecution of said imprpvemerk atioder and according "to the tert:is and Mt,.
<br />ditions of TmprQveni ent kesoitttion No.._a73 ............. - adapte4by"4he Board of Public `a'Vorks.....M$Y.A.s.1,921. >
<br />and the plans, profile and :specifications; on file in tithe office of the Depa-tment of Public Works, whinh slid
<br />resolution,.plansr profile acid sgeeifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full. length... '
<br />" h contractor further expressly covenants and agrees that in the prosecuf;on of said work all pruner
<br />swtrill and care t;'1 bs exer.is3-; th the ll.pran * d p r� all excavations an(i dangerous lace;
<br />and (FTi}l use all due and P-op rpr.,cas- on to pr v ;it intv`v'-) i� y person or prn- -•v tH_g k�
<br />^ t i t ev n ;,
<br />any inlV.iry or damage p' _Sulftn from. t!- w'?rl_ or resultIrg frori an 7-;a.tter or thin- r ®^�r s g, v y or d th._ r, S7t t, r r
<br />arising therefrom,, to any person or property, he v-411 Pa v a>nd iic� :idate the same at 1'iis oven expanse, anti ar
<br />sumo: the. liability'theieior;'and in the event of any claim or claims be%ng made or any action- or actions b_ .', o
<br />brought age > st•.the city by reason or on a-ccouat of br gi'muing out of s=:d vrortc or its'can^tr±+r_tion, r,_ s
<br />contractor will at •his own,expeRsc defend the same, and will pay any judgment recovered therein, and vv+'' in
<br />all respects fully i4demriify andsave.h"'leai said city; its. officers, agents or representatives from all cast,
<br />expense, payrr ent or fud iiient ><eca�ereci. in connection with such claim or. claims-, action or actions, s4�d f
<br />within ten days after any'such;;aetion.-ia begun, the city shall notify the contractor of the pendeY-cy ,ther: of,
<br />thta any judgment'-rendered"against the city shall be conclusive against the contractor and against the surety
<br />on We coil'struction bond, as to ib. antount -liability and other matters pertaining thereto.
<br />And the cot`amctor agrees to wri tin sfli(l ir'lprt� 7 :.,'_PTIt a-:G I.7�-.e sa =i1 repairs as I_: y , period atiid in the rmarner as,fixed,4y the.sn?cifications, and to secare t,'ie maintenance and repair t:
<br />to file with the Board of, Public',,WorksLa1koncl w'th sufficient surety thereon and in an amount as.fixed by 4 ,
<br />.specifications, ,And in doing; such lreptif"work the contractor and the surety on his guarantee bona sh t1•.bV
<br />subject to the sat ,e liability to the,city;and:anyeother,person-for any injury or damage to any pers., a or -props -
<br />erty.ili the earns rrianner.and,to.the:,saine:extent.as is, fixed, in.the last preceding paragraph covering the core-
<br />struction work.
<br />And it is farther agreed by and between -said- -:irf',3s,that the acceptance of the work provided for in tliis
<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 releaae saidccittractortor 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 .endtivig the :contractor'to the contract price therefor.
<br />The contractor agrees t® pay for all labor, and imaterials used or furnished to be used in the making of
<br />such improvernwit and.in. the •performance of this i contract, whether done or furnished for him, or his agent,
<br />assigns®, successor or subcontractor; and ,the city -may reserve out ,of -any'allowance 'made on any estimate
<br />in favor of the contractor or h,'s assigns, •or out of the amount due'him or his assigns upon the completion
<br />Of the work, so rnuch;as ,retie = -
<br />3 - ?cessary to ,pay .all .laborers or inateriar imen 'for -amounts due them for
<br />Fork. done .br #nateriajs fused or 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 coll,: i:ted from property
<br />owners -assessed fOr Said ,t> Wroxmnemt %o 1pa-y Stich (debts (or turiiil ithe contractor 'shoes that they have beCn
<br />Paid ovsatisfiucl
<br />to remo• a(( ru55?sh, earth, and un,sed material in the streets or sides t - re.;;
<br />upon the completion of the improvement or the repairing thereof.
<br />The work of making such improvement shall be completed acc-orcling to the teri:rs-of this contract on or
<br />before the ------------
<br />dayof ------------------------------------ 19.... ,
<br />unless the time for the completion of the sar,e shall be ex* -ended in t'rr t: g by the Board of Public Worl�s,
<br />And it is agreed'that any such extenczion of time, or any alteration of thi
<br />ties. s � contract or of the manner or mh-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure -
<br />It is agreed that the contractor shall not assign this tract, or sub -let the work or any part thereof to
<br />be done hereunder, without the writ -en cons tnt of the Board of Public Works.
<br />It is further agreed and stipulated th?* 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 />r' performed 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
<br />r .eats. the statute governing the making of such improve -
<br />To each of the conditions and stipulations of this contract, including all and singular the proyisions and
<br />ter::s of the plans, profile, specificatioi._ and resolution aforesaid, they undersigned' binds himself or itself,
<br />an4 f__ rc_pective successor or assigns of such parties.
<br />In Testimony Whereof We the tbregoing named parties, hereunto set our
<br />hands this 9th. day of Jufy 1321, ,
<br />THE WHITE CONSTRUCION EOM.
<br />CITY OFSOUTH BEND9 INDIANA. M• E. WHITE
<br />PreBY G. A. ELLIOTT H. B. DETWEILERs• &Trees.,
<br />H. F. ROSTISER Sec'y. (SEAL)
<br />JOHN P DER HAVEN Contractor
<br />ITS BOARD OF PUBLIC WORKS,
<br />
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