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<br />PUBLIC IMPROVEMENT CONTRACT
<br />This agreement, Made and entered into this 31st..dety of March 1923.
<br />by and,between'The Williston Conatruct:ion Company of the County of St. Joseph. and
<br />State df Indiana (hereiha�fter referred to as the " Contractor"), and the City of
<br />South Bend, in the County of St. Joseph, and State of Indianat by and through its '
<br />Board of Bublic Works, (hereinafter referred.to as the " City"), under and by virtue
<br />of an Act.*f the General Assembly 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 />Witness4hiu, t,-hat the -contractor covenants and agrees to con
<br />. struct asphaltic concrete pavement, using M*Xict asphalt, and grading Harper Court
<br />from Linoolx Way East, to River Auld in the City;' 'of South Bend, Indiana at and for the
<br />vollowing prices: -
<br />curbing per lin-ft..:..,.........................50
<br />cement walk per-sq. fi,.. ..:..............,....-.. .20
<br />76 line ft.-of conduit pipe per lin ft........... .95
<br />.,- 3 new inlets-each.:.............................14.50
<br />Inlets reset each... 3.00
<br />i manhole curb and cover, reset each ............. 3.00
<br />157 cu. yds.�of grading per cu. yd............... 1.00
<br />48 fin. ft. of marginal curb per lin ft.......... .4o
<br />674 sq. yds. of asphaltic concrete pavement,
<br />using Mexican per sq. yd....•..•••. 2.52
<br />glad 0 perms work In the prosecution of said improvement under and according to ttss tafto and am&*
<br />AIMS efloprovetf mt-Itesefin en ANo.......1LL�., a4e pted by the Board of Public 1A 2.�23 •
<br />aed fhe �si profit@ and eiftca*i9ns'on #ile ,n the office- of fhe Department of Public Waor s, which said
<br />tesdIad n, platts, profile �epecifications are made. a part'hereof as fully and effectually ,as if teopied, and
<br />met otit herein st full 181IFth. a
<br />The cdtttractor furdier ex ressly covenants and agrees that in the proseetition of said work;.ag pro
<br />per
<br />Alit and care V411 be exerciead; *-the., ,1 r-:oni - , •-d all excavationsand dangerous places,
<br />atld wM use aft due and proper prtca<ttion to i4ju-y +o .ry pergon or pro^arty► that is the event �
<br />ati� Injury tit' trams. o resulting from th4 w-).`- or r--- -1`� g from a-'v r-�.tter or thing connected #herewith or
<br />&r shif. therefrom, ,So
<br />afty persr-t or property, h� ` 11 r3v ark 11 j, idate the same at his own expense, and'as.
<br />tttttrte he liability therefor; and in the event of any, Oair or clams being made or any action or actions bath
<br />kotijht against the city by reason or on account of or growing out of c- `.d work or its construction, the said
<br />WitttaeW wilt at his -own expense defend the same, and will pay any judgment recovered therein, and will hj
<br />all i*lpetto fully indemnify and save harmless said city, its officers, agents or representatives from all cosc�
<br />euae, ettt or judgment recovered in connection with such claim or claims, action or actions. Anodl'
<br />Within %=aya after arty such action is begun, the city shall notify the contractor. of, the pendency thereof,
<br />ithea UY JUdiment readered against the city shall be conclusive against .the contractor and against the surety
<br />ft'W& etwattiadan bon4 as to tb- amount; liability and other matters pertaining thereto.
<br />And the corrrsd"- mgirees to maintain said i ro�sur�ent a:.,; us.♦e aw a iepairs ae may be to a
<br />ff
<br />cnoQ and f n the tEnastner as tired by the sn cations, and to scuure .tire ntaiuten�►ate and r titer ,
<br />to with etc Board of Public Works a fond !vi;th sufficient surety thereon and in an s tint &j jMd b the
<br />J�pbJW t f the end in doing such repazr work the contractor and the surety on fits �nteh band tali be
<br />lib to
<br />the w�r a i,ability to the city, and any other son for'any injurx.or damage to arty peraten br Pip'
<br />Of► in the earns menseer and to the same extent as is 5xed is the last }ereeedittg, paragra ttprreti tba •
<br />0ructlon work.
<br />And it to further agreedfi3' and becweeti said :ks that the aceeptan�j of the work provided. -for In this
<br />eantraet, or the payment thereof, shall not constitute a waiver on dii part of the city of any ®�f the ptovlm=
<br />IM Of this contrail; -nor shalt it rcleasc skid contractor or the`sureties on .his bond for' thg sithful perform=
<br />&nee thereof; nor shall the acceptance be prima facie evidence of the performance of. any providdu this
<br />VOntrtick except to the extent of entitling the contractor io the contract price therefor, ..
<br />The oorttgactor agrees to pay for ail labor and materials used or furnished to be used In the fttakfttg of
<br />such latpr0vCM0At,and k the performance of ,this contract, whether done or furnished for him, or his a eats-
<br />-ttii@i tm, attrKces&ot ems' uxrtractor ; and the city tuay reserve out of any allowanoa susda on any esti�tuatlt
<br />It! favor 'the motor-W hrc assigns, or out of the amount due him or his asmi�ts upon the cdtripl
<br />nth@ Wot'br S0 tasucix as � .cessary to pay all laborers or snatersscr mess at>sousttt' daS thestt toot
<br />+two Of 111�6 Used or furnished to be used in the ;performance of this contractnd the &4� 14
<br />*944 and the ooat►ty trensurer,actiug.as.-city:trea.surer, ma re��#n mvt�gr sollecte� from st or
<br />aSitesetd *W Said utprovement to pair such debts or wail t,W eoutracw chows tl�t tha r haY� �
<br />0! all►tfied
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