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Partial estimate allowed Oeefge Pontarelli for Calvert Street Trunk
<br />sewer at.........S$3.492.l8
<br />Partial estimate allowed to George Pontarelli for River Park Trunk
<br />sewer no. 2 for the amount of ............... 4,024.54
<br />The following bonds and contracts were approved by the Board.
<br />PUBLIC`IMPROVEMENT CONTRACT,
<br />This agreement,, Made and entered into this 31st, day of March 1923
<br />by and between The Williston Construction Company of the County of St. Joseph and State of
<br />Indiana ( hereinafter referred -to as the " Contractor"), and the City of South Bend, in the
<br />County of St. Joseph, and State of Indian►, by and. through its .Board of ;Public Works,
<br />(hereinafter referred to as the " City"), under and by virtue pf an Act of the General
<br />Assembly of the Stateof Indiana, entitled " An Act Concerning Municipal.Corpora.tions, " appro
<br />approved March 6919050and all amendatory and supplemental sects thereto:
<br />Witnesseth, that the contractor covenants and.:agreesto construct
<br />asphaltic concrete pavement, using Mexican Asphalt, on Fassnacht Avenue from Walnut Street
<br />to Johnson Street, in the City of South Bend, Indiana, at and for the following pricest-
<br />Curbing per lin ft...................................�0
<br />Cement walk per sq. _ft ..................•••••.•••••• 020.
<br />420 lin. ft. of 8" conduit pipe per lin ft........ .95
<br />12 new inlets each............... ....... ...........14.50
<br />16 inlets reset each. ..................,...... 3.00
<br />3 manholes curbs and covers, each.reset.-foxes..•. 3.00
<br />1616 eu, yds. of grading per cu. yd................1.00
<br />170 lin. feet of marginal curb per lin -ft.......... .40
<br />6949 sq. yds. of asphaltic concrete pavement
<br />using Mexican Aspb L,6 gar- -sq • yd • • • . • 2. 52
<br />and to perform all work in the prosecution of said improvement under wid according to the terms and con
<br />Rions of Improvement Resolution No..,_1D3P______,adopted by the Board of Public Works__:. AU *_- .1923,
<br />and. the plans, profile artd specifications on file in the office of the Depa-tm�nt of Public Works, wh,ch sa;d
<br />re�;nlution, plans, profile and specifications are made a pdrt hereof as fi-lly and effectually as if copied and
<br />set Out 11,�rein at full length.
<br />he contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill ai,d care r,iil be exercised; th:t he ,_- 'i ,_ oo '�T r- 3 v- o F all excavations and dangerous places,
<br />.iucf ,R,;11 use all due and proper precautioa to nr * jv�v *o pry person or F-r�-rtv, that i , tl,P event r f
<br />any injury or damage resulting from the -w-�, or r�s fi M� firm, a--v • �t+�r .a � ^t-d th:!rewi'h or
<br />arisingtherefrom to an ers�n or + or thin, en^..,,_
<br />� Y P property, hP ---;11 l'a,Y ar'^. 11�;'rdate the same at his own expense, and -is-,
<br />sume the liability therefor; and in the evert of any claim or claims being made or any action or actions b�;; g
<br />brought against the city by reason or on account of or growing out of s-,d work or its construction, th sa,;?
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and wi i 1 i n
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cast,
<br />expense, payment or judgment recovered in connection with such claim. or claims, action or actions. Ar:cl f
<br />wili>a ten days after any such action is begun, the city shall notify the contractor of the pen,inncv Cher,->f,
<br />t1itn any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />an hia Construction bond, as to the amonyll, );.ability and other matters pertaining thereto,
<br />And the contractor agrees to maintain said improvement and make such repairs as may be necessary fuc
<br />the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the sai.ie liability to the city and any other person for any injury or damage to any person or prop-
<br />erty in the same mariner 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 part ^s that the acceptance of the work provided for in this
<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 release said contractor or 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 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 h;q 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 men for amounts due them for
<br />work done or materials used or furnished to be used iti the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, inair retain money colleted from property
<br />owners assessed for said improvement to pay such debts or wail the rrntra-tor shr g that Choy have bet-rr
<br />,)aid or satisfied
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