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4
<br />PUBLIC IifiPROVEYZNT CONTRACT.
<br />Thla Agreement, Made and entered Into this 22nd. day iff SepterAber.
<br />1919 by and between Williston Construction Company of the County of St Joseph and
<br />State, o,f. Indiana (hereinafter referred to as the " Contractor"), and the City of South
<br />Ben , in the County of St. Joseph, and State of Indiana, by and through its ' Board of
<br />Public' Works, (hereinafter referred to as the " City"), under and by,virtue of an Act
<br />of the -General Assembly of the State of Indiana, ent itlid " An ActConcerning `Munic ipal
<br />Corloarations, " approved March 6i,1905, and all amendatory and supplemental acts thereto:
<br />Nirnesseth, that the contractor covenants and agrees to construct
<br />asphaltic concrete pavement on Navarre Street from Portage Avenue to Leland Avenue,
<br />in the' City of South Bend, Ind iana at -and f or the following pr ices:
<br />54 .l in. ft . of icurb ing per 1 in ft.....:.... ....0. 40
<br />754 cu. yds. of ' rad ing per cu. gd.:................. .1 05
<br />5 inlets reset, each..:..... .... ..:.. ...:...,.. •3 OO
<br />2 manholes resat, each........::........... 0.......
<br />..3.00
<br />2361 sq. yds. =of Trinidad Natural Lake Asphalt
<br />per sq. yd......... ....2.53
<br />2361 sq. yds. of Mexican Asphaltic concrete per
<br />sq. yd........... .. ...................... ..2ii O
<br />(contract awarded on 'Tr inidad Natural Lake Asphalt)
<br />and ,to perform all work in the prosecution of said improvement under and aecovd; w'to t,ze- get. ,.s a�icl c�ari�
<br />di.tions of Improvement Resolution No.I ---------------- adopted by the Board of -Public VVorl,a-June0B 1�,1919.
<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 and effectually as if copied and
<br />seteout herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />shill and care 1 be exercised; th-he - -onA �_+ all excavations and dangerous places,
<br />and �r?l use all due and o ,� P_ g
<br />d p_ per piece_ o.i to Disc in r y +, „y person or p.-„- ,,, tt at i 1 *"� av ,t.t
<br />ark injury or damage resulting fro-2 the �. or reG z.*: from y t_ter or th;n ��nn�r+mod tlz�re}rtf; or
<br />arising therefrom, to any person or property, he r 1ll nay are aic; 1idate the s-- r_e at his o,.vn expense, and as-
<br />sume the liability therefor; and in the event of any claim or cla-ir s being male.or any action or actions b-�ing
<br />brought against the city by reason -or on account of or grooving out of sa.'.d Ivor or its constrtrcti.rl, tie said
<br />contractor will at his own expense defend the same, and i ill pay any judgment recovered therein, -'and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives frarn all coat,
<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 the pendyncy thereof,
<br />tlt :n any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />t•ti liii construction bond, as to tb amount, liability and other mAtters pertaining thereto.
<br />And th
<br />-s e contrac,or agrees to n.:n*ain sea
<br />the period and in the manner as ;codons, , e surd repairs as may ce necessary
<br />to file with the Board of Public Works a bond with sufficient s surety thereon and in anto' secure !-ae nce amountas repair
<br />xed li the
<br />specifications. And in doing such repair work the contractor and the suretyon his y
<br />subject to the same liability to the city and any other person for any injury odan,a eto antee bond shall be
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph overing thePcon-
<br />structiQn work.
<br />And it is further agreed by and between said parties that the acceptance of the work provided for ik this
<br />Contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the pt'ovis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful per�orm- `
<br />azce 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 c ntract price therefor.
<br />The contractor agrees to pay for all labor and materials used�or furnished to be used in the ma,kitig of
<br />sueh improvement and in the performance of this contract, whether done .or furnished for him, or his a� ent
<br />assignee, successor or subcontractor; and the city may reserve o�it of any allowance made on any esti�iate
<br />in favor of the contractor or ' assigns, or out of the amount d e him or his assigns upon the complittion
<br />Of the worh,.so mutt, as ma, cessary to pay all laborers or �materia� men for amounts due them for
<br />work done or materials usea ;; .urnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, m hy retain money Collected f;om property
<br />owners assessed for said improvement to pay such debts or until Ithe contractor shows that they have been
<br />paid or satisfied
<br />to rtmu aq
<br />material in Elie slit is c t
<br />the completion of the impro•�cm: ,-it or the repairing thereof The work of malxin srich improvement. shall be come_ feted according to the ter s o this co'?*f-a
<br />bP fore the.............---22nC�x-------------- - ---------- _ x ct e i cr,
<br />unless the time for the com;�le*ion of the sane sh l'dav of-------------- -SL �GpbeI`__1 1
<br />I9
<br />And it is agreed that any such eaten=ion of t:mA be ex`e^ded �n writ -,—,by the Board of Public �Jorlcs
<br />ad of doing such work shall in no tiva affect the dufie' . altle -� f this
<br />r on s c Tract or of the manner or 3' s ob tio:l or liabilities of the contractor or hisisurle-
<br />ties. ga
<br />It is agreed that the coil, -actor s:ha11 nit _ss;_
<br />be done hereunder, witho!-t theSS' { ?s co: r�.� r suh-let the work or any part thereof to
<br />It is further agreed ai,d Beard t,T;c t�Irr�,S.
<br />preference in the em. 1 contractor shall > -e to ree;der_ts of said city and couio v
<br />P aye Mt of all labor ?1'Cessary in the perfo nna.,,ce of this contract, at d failing to d:,
<br />shall forfeit to the city the sam of ten dollars for each ca i>>rt to observe this stipulation.
<br />And upon the performance of all t►�e erms and coalitions of this contract, ar
<br />performed by said contractor the said city -agrees costd things to be d.n� a:=
<br />lected end paid to said contractor in the. man r :fixed by theist lute go a rniggsuch the mark to Le asses d, ,a
<br />ments. g u p o .
<br />To each of the conditions and stipulations of this contract, including all and singular the provisior:s a.Y!d
<br />terms of the plans, profile, spectS�--txpus and resolution aforesaid, ;the undersigned binds himself or
<br />and the respective successor ar a : �: slrclt na-ties•
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