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175
<br />Continued
<br />e2:_ to rem a+I rv'�:,'.:h. earth. and umzsed material in the streets or s r
<br />Caj
<br />upon the completion of the imnroaenl it or the repairing thereof.
<br />The work of making such improvement shall be con Meted according to the terms of tft eontratet on or
<br />before the ............ --..----- ----dw of------------- 19..........,
<br />unless the time for the completion .of the sate sliali be extended in writing by tthe Board of Public Works.
<br />And it is agreed that any such e'ten�ion of time, or ary altera.`ion of this cmitract or of the manner or meth
<br />od of doing such work shall in no way affect the duties, obiigatiors or liabilities of the contractor or his sure.
<br />ties.
<br />It is agreed that the contractor shall notzssi.gn this "-�.�t, or st b-let the work or any part thereof to
<br />be done hereunder, wi',,:hoi1c the vvrit .gin co of th- t;,.. rd cF P;;hlic Works.
<br />It is further agreed an-1 stipalaled ��t ":- con ractor shall Give to residents of said city and -cwmity
<br />preference in the err. ployrr. at of -11 laber nec�-sssary in the perfor;�ance of this contract, and failing to dig so,
<br />shall forfeit to the city the sum of ten dollar, for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be done and
<br />perfortnied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such improve, -
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />berms of the plans, profile, specifications and resolution afaresaid, the undersigned binds himself or itself.
<br />and We rv�anective successor or assi; ns of shell parties.
<br />In Testimony Whereof, We, the foregoing named parties, hereunto
<br />set our hands this 6th. day of June 1922.
<br />Joe A. Luther
<br />CITY OF SOUTH BEND, INDIANA. Contractor,
<br />BY L." B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F. HONER.
<br />Its Board of Public Works.
<br />PUBLIC IMPROVEMENT CONTRACT,
<br />This agreement, Made and entered into this 5th. day of June 1922
<br />by and between 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 Indiana, by and through its Board of Public Works,
<br />(hereinafter referred to as the " Cit ") pder and b� virtue of an Act of t#e ener 1
<br />Assembzzy of the State of Indiana, enti le. An Act Co icernying Corporations, a�roved
<br />March 6,1905, and all amendatory and supplemental acts the--reto:-
<br />Witnesseth, that the
<br />contr ct ro covenants and a reps to Instruct Mexican Asphaltic concrete pavement on
<br />Donald Street from Kiaini Street to Leer Street, under Improvement Resolution No. 959
<br />In the City of Sauth Bend, Indiana, at and for the following prices:-
<br />781new.inletso* each ing.per.cu:.ya...............`...:14.00
<br />10 inlets reset , each... 3.00
<br />4 manholes reset, each 3.00
<br />244 lin. feet of 8 inch vitrified pipe per lin ft... .90
<br />170 lin. feet of marginal -curb per lin ft........... 5
<br />4250 sq. yds of Mexican Asphaltic concrete pavement
<br />per sq. yd............... 2.17
<br />Add 3% to contract price or #511,02 contract
<br />price $10,367.50
<br />Total contract price $10,678.52
<br />aid iW prl6rm aff work in the prosecution of said improvemmat umkr and scsa�eg to Se VW and tea,
<br />dlOp l§ 'gf Improve€ tent Rtsolttt,®n W-0::.9adopted by the hoard of ftbiie worlla�_—Aptmil_, ,1922 .
<br />and the plan§, profile and specifications. on file in .the- office of. the DepaTXrr}znt of Pubhc:, Wodm, which said
<br />Fe§oil tin®n, 1 lau§, profile and specifications are made a -'part hereof as laity and effectUa11X as if copied and
<br />§@t gut hcrdn Ist full length, y "
<br />The @out€aetor further expressly covenants and agrees that in the prosecution. of said work all proper
<br />§kill and cafe t»ill be exercised, tizat he "I Fron r � .�-d protoet all"excavatiom and dangerous places
<br />and fvill tt§e a.il due and proper prec� ltion t"o orev t inju v «,, Kny,person or pror:arty; that in the ewnit 01
<br />any injury or damage resulting frcm th- ^�-' or rF. +i` t+g from y m�:tter or thing connected thelewtth or
<br />arl§iu therefrom, to any pers�-i or property, he ,= 4: -av ,r l idit the ssme at tis own expense, and as-
<br />§uinq e liability therefor; and in the event of any c;a_ri or clams being made or any action or actions being
<br />brought &gl?'-nst the city by reasoa or on account of or growing out of s�id crow or its "construction, the said
<br />contractor will at his own expense defend the same, and Neill pay any judgment recovered therein, and will in
<br />all re§pe@t§ fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />twpartae, pa at or judgment recovered in connection with such claim or claims, action or actions. And if
<br />within on days after any such action is begun, the city shall notify the contractor of tke pendency thereof,
<br />flAiw any Jud*ent readered against the city shalt be conclusive against the contractor and against the surety
<br />Aa kit wa*Uvkt�w bcad, a4-p th- unmet, iaa bi&V gad edwr matters pertaining thereto.
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