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470,
<br />Miles au J331Y P4ths a 1923ii Continued.
<br />PublicImprovement n
<br />2 st.
<br />f � , Was enteral. into tbl�►.. �
<br />'= = 4 .�►..... 19*. x, br and between Williston Construction
<br />Company
<br />�rs,►l�rfiiies
<br />MW u'Cort-ractor") o ad the 01
<br />*r the Stat a ana s o�tr t
<br />s . pro ffi h< ap 1905 V and- 611 aU l
<br />Witnesseth, that, the contractor oavenants and agrees to con -
<br />street brick.pavement .en .concrete base using Veedersburg Brick, with
<br />Bituminous F411er OR lii rietta Street from Broadway to Indiana Avenue,
<br />In the City of. South, Bend, Indiana at and for the following prices:-
<br />4 inlets reset each. M00
<br />2 manholes curb snand covers, reset
<br />each.. 3.00
<br />8" conduit pipe per lin ft. 1.00
<br />661 cu. yds. of grading per eu. yd. 1.25
<br />56 lin. ft. of marginal curb per lin
<br />ft. .40
<br />1755 sq. yds.. of Veedersburg Brick
<br />on concrete base per sq. yd. 3.90
<br />Extra concrete per cu. yd. 16.00
<br />Curbing per lift ft. .60
<br />New inlets, eaeh 13.50.
<br />and .to perform all work iri the prosecution of said dement under and according ft do Merin, and von"
<br />'t�I tnprovement Rescsiertiicm No.�.-.�' " -- adoliteffyi the £bard -of Public W'orks�da� ..�1 L.,,91923
<br />dK,wwasd lee glans, profile and specifications on file in the office of the Department of Public Works, which said
<br />res tition, plans, profile and- specifications are made a part hereof as fully and effectually as if copied and
<br />set out heMIh at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all groper
<br />skill and care will be exercised ; that he zvi11 proper'z and p-zotnct all excavations and dangerous places,
<br />acid ariil use all_due%and proper precaution to prevent injury to -tiv person or pro^irty.; that in the event pf
<br />and Mdry or damage resulting from the woror res7zltir.j from any r*t�tter or thing connected therewith or
<br />arising therefrom, to any person or property, he t ill pap a.rd li aidate the same at his own expense, and as
<br />otzme the liability therefor; and in the event of any clairm i or clais being made or any action or actions being
<br />brought against the city by reason or on aecowit of or growing out of said work or its construction, the said
<br />contractor will at his own expense d.eTend the same, and trill pay any judgment recovered therein. and will in
<br />e11 iCespects €ally indemnify and -save harmless said city, its officers, agents or representatives fro'ti3 all cost,
<br />d in connection w
<br />expense, payment or judgment recovereith such claim or claims. action or actions. And if
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />t'hrn any judgment rendered against the city shall be conclusive against the contractor andTagainst the surety
<br />on his construction bond, as to th- amount, liability and'ether matters peru uiug thereso.
<br />• And the contractor agvees to maintain said improvement and make such repairs as may be necessary �..
<br />the period and in* the manner as fixed by the specifications, and to secure the maintenance and repair therecki
<br />to.. file with the Board of Public .Works a bond Nvith sufficient surety thereon and in an amount as fixed by the
<br />st _ ifications. And in doing -such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any other person for any injury or damage to any person or props
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />st action work. >
<br />'And it is further agreed by and between said partws that the acceptance of the work rovidecl for in this
<br />Contract, or the payment thereof, shall not constitute a waiver or the part of the city of airy 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 />ante. 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;G 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 in the performance of this contract. and the doing of
<br />said work, and the county treasurer, acting as city treasurer, may retain money eolle:ted from property
<br />owners assessed for said improvement to pay such debts or until the contractor shows that they have bees
<br />paid or satisfied
<br />
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