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f 227
<br />eir Maly I
<br />The fellewing bends and contracts were approved.
<br />PUBLIC IMPROVEMENT CONrTRACT _
<br />This agree*zt, Made and entered into this 11th. dayof May 1923
<br />by and between The Whine Construction Company of the *Ceuxtyr-of St. Joseph d State sf
<br />Indiana (hereinafter referred to as the Contractor ), and the City of South.Bead:,
<br />In the County of St. Joseph ,"and State of Indiana, by and through its Board of Publie
<br />Works,( hereinafter referred to as the " City"), under and by virtue of an.Act of the
<br />General Assembly of the State of �,Izdiana, entitled'* An Act ' Concorning Municipal Corpora-
<br />t1ons•, " approved March 6,1905, and all amenatery and supplemental acts *retos-
<br />!it»;esseth, that the contracter covenants and agrees to construct
<br />Sheet asphalt pavement using Mexican Asphalt on Bowman Street from Miami Street to
<br />Leer Street, in the City of South Bend, Indiana at and for the following pricess
<br />Curbing per lint ft..... ...................,....50
<br />Cement walk per sq. !'t.......................... .20
<br />100 lin. ft. of conduit pipe per lin ft...8.86001000
<br />• 4 new inlets anon :.......:...... . ..............13.00
<br />8 inlets reset each.............................3.00
<br />4 manholes curbs and covers, reset each.........3.00
<br />1.181 cu. yds.'of grading per cu. yd.�...........1.Q5
<br />149 lin. ft. of marginal curb per _lin ft........ .40
<br />4261 sq. yds, of sheet asphalt pavement using
<br />• Mexican Sheet asphalt per sq. yd..$2.79
<br />and to perform aft work is the prosecution of said improvement under and according to the tsym and ed-
<br />ditions of Improvement Re& ttfIbn No. .JJJ38_.._, adopted by, the Board of Public: Y 0r1Ct�,,,.„ Y.JLh,.,,,,, ,1923.
<br />ind toe plans, profile and specifications on file in the office of the Departinent of Public Works, wbtch soft
<br />resohWon, plants, profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full leng h.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all propel'
<br />skill and care •trill be exercised; th- t he «T'zll rroner'v' �� 3 p of-ct. all excavations anal dangerous places,
<br />and *rill use all due and proper precaution to preve t mju-Vto p-c
<br />pry person or pnerty; that in the event Qf
<br />and or
<br />injury or damage resulting from the w'� or rev.,iti^g from ary matter or thing connevfed thtrewitfi or
<br />arising ther@from, to any person or property, he 1;u n3v ar,d liq;iidate the same at his own expense, and as-
<br />sume the liability therefor; and in.the event pf.a.ny claim or claims being made or any action or actions being
<br />brought against the city by .,reason or on account of .or growing out of s-.id work or its eonstructiun, the said
<br />contractor will at his orn expense defend the same, and will pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, payment or -judgment recaavered in connection with such claim or claims, action or actions. And ,f
<br />within ten days after any such action is begun, the city shall notify the contractor. of the pendency tberebf,
<br />th<n any judgment rendered against the city shall be conclusive against the contractor and against the suretY,
<br />an. his cAmstruction lxmd, as to tb- amount, liability and other watters pertaining thereto.
<br />1Tit Me etFi of a$04f.,,s to =Ointajixi grid ii ipro .ent. a_.0 i a`:c. Y=11 ;tg 4 i� :: ;;• c ia�`i.
<br />i l# M 0 a 0,t�'x a fm-ed hjr ithe s?,ci C acn011 x:ii ft; .0..1Mr t'h1a 111��t#l<��4tdk�� #lIA ,nit thet~" {
<br />1W AWF40IF411e, WsrW a bond -u it1i sut?ticient lilzmty tot a� th flit lktMt 6% kvh to
<br />f
<br />2!�;A&49. 1s "ng such repair svork the contractor' and the tuivty � � 1# Pe b"If y
<br />1Y, f@ a � � HAN11ty W tlq city sand any other person for arty .in jury o deli to � lr��tl it oft
<br />of t#@ §Am mfift@;a Shd tO the same extent as is fixed is the last pk0joft p�� TWA I b6fP
<br />illsart#e
<br />it if, 061at affraad by and between said l*zi ties that the secepta:'t of it Wad 6 of 1
<br />fit ®i h� P4yfll@flt thereof, shalt not constitute a waiver on the p4tt of the eity o� rt l�
<br />Joni is
<br />Joni !MtrAct not 6hall it r'lease said contractor or the suretie, Cobb fbtInfil l @roof 1 ilflr @A411 the acceptance be prima facie evidence of theperf�a W =1000=1�
<br />of tt 104 Q*QtPt €® >th@ @Xt@lit of entitling the contractor to the ccmttaC#9rW i`Wt4t6#,
<br />Fenmet@f Wr4@11 to pay for all labor and materials used of fv# t fly to
<br />11 Jt ' lhialt€ and 1n the performance of this contract, whethe duo at itt ti �
<br />INS I!% K-00913(ft Or %ubmtraetor; and the city may reserve aril' ad sue.®� � 6l
<br />1t � �tle 0Qr Or big assigns, or out of the asnou t doe at 1
<br />1€ a to Faink &% mar--.Ctssary to gay all. hers W mtwm 040 11et
<br />W MMUM Uid or iwaiihed to be awd is the rn*qswftg of
<br />aid tad "I tieesttrcT, acting as city, treasurers sref ley 1
<br />A'
<br />W% tank taRpeo�t to pay such. debts *r i�� off/ r #
<br />till
<br />to rein
<br />o, earth, and un%-sed material in the streets or aided tht+tiu,4
<br />upon the cpmplet op.of th- imnrovem`,at or the repa;ring thereof. ,
<br />The work of tna.king suchi..a
<br />improvement shall be coieted according to the terms of this contract on OT
<br />beforethe ------------------------------------------ ------------------------------------- d v c --------------- -- - - - - 19--
<br />unless the time for the eo-npletion of the sai--e s'_1w1'. be of*ended in 1vn:t: rg by the Board of Public Works,
<br />And it is agreed.that any su^h ezt nzion of tisre, or 3T:Y. zl;err_ ion of tl1 s contract or of the manner or meth-
<br />od of doing such work shall in, no way affect `he `duties, obligations or liabilities of the contractor or his sure-
<br />ties. . .. .. . . .
<br />It is agreed that -the contractor Qhall •not assign this `re,t. or sub -let the work or any part thereof to
<br />be done hereunder,.wi.ha,t :ire writ::en nt of the Board cf P.'�!i Works.
<br />It is further agreed and stipula`--d *hit Ctn7 ctor shall. gi-,e to residents of said city and comity
<br />preference in the empioyn-nt of aii labor necessary ;;. the nerformarce'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 terns and conditions of this contract, and things to be done and
<br />performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lected Fridpaid to said contractor in the manner fixed by the statute governing the making of such krhprove"
<br />To each of the .conditions and stipulations of this contract, includlnng all and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, tic uud�roigned binds himself or itself,
<br />and the rk.»pective successor or assigns of such. p roes.
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