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<br />PUBLIC IMPROVEME,0gT CONTRACT.
<br />THIS AGREEMENT, Made and entered into this 2nd. day of October 1919 by and
<br />between The White Construction Company of the County of Milwaukee, and State of
<br />Wisc oa►s in (hereinafter referred to as the " Contractor"), and the City of South
<br />Bend, in the County of St. Joseph, and State of Indiana, by and through its Board
<br />of Public Worka (hereinafter referred to as the " City"), under and bu virtue
<br />of an Act of the General Assemblt of the State of Indiana, " entitled An _Act Concern-
<br />ing Municipal Corporations, ", approved March 6,1905, and all amendatory and supple-
<br />mental acts thereto, -
<br />Witnesseth. that the contractor covenants and agrees to resurface Branson
<br />Street from Main Street to Lafayette Street, in .the City of South Bend, Indiana
<br />at and for the following prices:.
<br />6 inlets to be reset, each........ ......`... 15` QO
<br />4 manholes reset, each ..:............................ 2.50
<br />1613; sq yds. of asphaltic concrete per sq. yd..._ 1.75
<br />extra► concrete, per sq. yd.:, ....................... , 1,50
<br />and to perform all work in the prosecution of said improvement under and acc;; ding to the tcts,. s a%.1 c. ;.,•
<br />ditions of Improvement Resaiution No. ............. adopted by the-oarse,-of:-Public.-- Vi orlrmI d94g.:�t., -5 1919.
<br />and the plans, profile and specifications on file in the office of the loa-7 at £Public hlarksr �vli,ch ssid
<br />resolution, plans='profile and specifications are'xnade a partsul-d;eliect.najl3r.as i#Q�ied az�d
<br />set out herein at `full lenfth.
<br />The contractor further expressly covenants and agrees=Ab,)t"in;'tiie prosecution of said work all proper
<br />skill $rsd'care z. s'1 be. exercised; th^the !l prof , all }:cave*ions az^i dangerous plaeP.S,
<br />and ,.,ill, use all due'ard proper precaution to pr `t in. i?i -y ` 1 ry person or l `^ ``�F +t a .-i � oV, } ref
<br />1 L
<br />any 1n�ury or dam-.-e resulting from th,' Txr? �, o. re$ 2�' from ?--v ^ zf'+'r or thin- ^7nt � � there-wi1, or
<br />arising therefrom,..to any pers,un or property, he - li Lc ,tidate the same at- his own expense, and. -as-
<br />sume the liability therefor; and in the event of any clam or claims b n made;czr .a;.y action e actions b s
<br />bra zght against the city by reason or on account o£ csr.grosrg oit of� d � �orl; or its construction,'rr. sa 1
<br />contractor will at his own expense defend the same, ap i�rri :pad any > ent-recovered therein. and `r: in
<br />all respects fully indemnify and 'save harmless said�ca y, its tfiicers, agents or representatives from all cost,
<br />expense, payment or judgment ,recovered' in connection with such claim or claims, action or actions. And f
<br />within ten days after any such action is ibegun, the city shall notify the contractor of the pendcrcy thex' Of,
<br />than -any judgment rendered against the city shall be``conclvsive- against the contractor and against the s��.t sty.
<br />eii hi.n.construction bond, as to tb Miouxxt, liability and other m-otters pertaining thereto.
<br />All the coi.c.ac or i sees cc iia�i.zt:ram sL(i..,izc „ r.. , _e such repairs as rrta
<br />the period and in the mariner as fixed by the s»Pcif;catAons, and to secure rite Maintenance and repairbe �thPreuf
<br />to file with the Board of Public, Works a bopd` v4th sufficient surety thereon and'in. an amount as fixedby the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall yb�
<br />subject to the sane liability to the city and any -other person for any injury or damage to any pers,rn orprop�
<br />ertyin 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 between said parties that the acceptance of the work provided for in this
<br />contract, or he 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 r:lease' said contractor -or the sureties on his bond for the faithful perform-
<br />once -thereof; nor shall the acceptance be prima facie evidence -of theperformance'of any provision of this
<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 apexztz
<br />assignee, successor or subcontractor ; arid the city may reserve out of any allowance made on any-estimat4
<br />in favor of the or
<br />or I-' assigna, or out of the amount due him or his assigns upon the completion
<br />of the>worlc, so much as ma cessary to pay all laborers or materiai men for amounts due them for
<br />work. done or.materials usea varnished to be used in the performance of this contract and the doing of
<br />said'' and the county trcasurer, acting as city treasurer, may retain money Coll: trod from property
<br />owners assessed for said imrov
<br />pement to pay such debts or tmlz;l the co�7.tri+etar shows that they have pr
<br />p +id or sa.ti�fied
<br />arc - .•`;„ �z;��a�
<br />1 rz Ca. ear: ht and un,,sed material. ;n the streets -or sYd..3 t`_xcA
<br />upon the completion of the improtrPm.:.it or the.repairin -thereof:
<br />Tht work of inalcin Stich improvement ment shall be cot-,
<br />S p
<br />before `the ,.. < p�eted according to the terms Af this contract on or
<br />.. aav of .;
<br />tsnlesS the time for:the completion of the sar P shall lie extended in Wr t.:�g blc: t?z Board. of Public 1Worksi
<br />And it i agreed. that an such extencion of tzzns, or any alteration of this
<br />®d of doissg ;such work s�all in no way affect the duties, Contract or, of the manner or tnetti
<br />ties, y s, obli.9ations or liabilities of the contractor or his sure:,.
<br />It the is hereunder,
<br />that the contractor shall ' not assign this cont be dotobs ract= or stab -let the work or any part thereof to
<br />r., v� zitort vrnt.-;,en co ;, :n.t of the Board of eviblic Work;;
<br />"It is further agreed aril stipuli'ed the* contractor `shall i
<br />wp►reieressce. in the employrn nt of all labor necessary in he perfor� arise of thive to s cont act, aof nd-iailingdto do sit'),
<br />shall arfeit to the 'city th, ,hum of ten dollars for each failure to observe Ais> stipulation.
<br />, 'rid upon`the performance e all the terms and Conditions of this contract, and things,.to be done are �
<br />1pect djand by' to contractor the said city agrees to cause the cost of doing such work to be assessed, col
<br />1cCte end p�td to said contractor in the' manner fixed by the statute governing `the -akin of such
<br />mentS, gimprove-
<br />Tot each of the conditions an'd stipulations of this contract, inciuding"all and singular the provisions ar l
<br />telitss 61 the plaits, profile, specifications and"-xesolutioi�a.foresai , _the undersif;ned binds hireiself or itse",
<br />an ths; xc s+ective successor or ass' rrs of sztci r>>� ea.
<br />IN, TESTIMONY WHREW, We the foregoing na*od parties , hereunto
<br />set our hands this 2nd. day Of Qct.ober 19190
<br />CITY OF SOUTH?BEND, INDIANA. THE WHITE CONSTRUCTION COMPANY
<br />G. A. ELLIOTT pHN F. DEg V N H. B. 'DETWEMER, Seey.
<br />HAV'EY F ROSTISER Tis, board oubl is Works.
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