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Wednesday July 5th., 1922. Continued
<br />EEn i er filed assessment roll and final estimate for water
<br />connections on Doa Street from Miami Street to Leer Street, under Improvement
<br />Resolution No. 98 In the City of South Bend, Indiana.
<br />Resolved i,,hat notices be published a•s tothe assessments on the
<br />Sth. day of July 1922 and on the 15th. day of Duly 1922 in the South Bend Tribune
<br />and News Times, In the South Bend Tribune and News Times stating thh t this Board
<br />will give a hearin on• -the assessments at its office in the City Hal on the
<br />19th. day of Jul yy f922. at 7:15 P.M.i
<br />Resolved further that the entire work done'under the above contract
<br />be aceepted,:and approvedv and., the final estimate thereon allowed:,
<br />The following bonds and contract approved. ,
<br />PUBLIC IMPROVEMENT CONTRACT;
<br />This Agrement, Made and entered into this 3rd. day of July 1922
<br />by and between The Williston Construction Company of the County of St. Joseph
<br />and State of Indiana (hereinafter referred to as the " Contractor"), and the (pity o-1
<br />of South,Bend, in the County of St. Joseph, and State of Indiana, by and through
<br />its Board of Public Works .(hereinafter referred to as the " City"), lender and by
<br />virtue of an Act of the General Assembly of the State of Indiana, entitled " An Act
<br />Concerning Municipal Corporations, approved " Apra March 691905, and all amendatory
<br />gand.supplemental acts thereto:»
<br />Witnesseth, that the contractor covenants and agees
<br />to construct pavement on the alley north of Lincoln Way West from Leland Avenue to
<br />Salley East of Wooed Street, in the City of South, Bend, Indiana at and for the follow
<br />ing prices:-
<br />541 cu. yds. of grading per cu. yd. $1.00
<br />1606 sq. yds.' of paving per sq. yd. Mexican a
<br />Asphaltic concrete per sq. yd. 2.47
<br />Marginal curb per lin ft. .20
<br />and to perform all work in the prosecutiou of said improver nen-, accc reing to the terms a+�d con.,
<br />ditioits of Improvement Resolittion No. �_ adopted ►�, � : ,:: tiblic Works.ApX111�.,,1?22.
<br />and the plates, profile and specifications on file in the office of the Depa t t ,:, r=teblic Works, which sae
<br />resolution, plates, profile and specifications are made a part hereof as fully unit effectually as if copied and
<br />set out herein at full length,
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />�lkill and care •'gill be exercis..w; th t he - s! P"-)T tl
<br />^ p'O` .Ct all excavations and dangerous places,
<br />and 117;11 use 901 due s.n.d prcner pr. _2 ition to Or_v :;t ,� j„.y+7 ^ry person or p-^^apty; tb. t in t11c evPilt
<br />any injury or darna.;e result .g frcm V-2 , r` or ,.1 frog, —y r tt.er or thing�,• .conrcctrA-therewith or
<br />arising therefrom, to any per—n or property, h� 11 ^2V 1.n^ i+r-id..ate the s£9r.e at [ is mvi9 expense, and ,s_
<br />surge the liability therefor; and in the event of any c:._r, or claims being made or any action or actionsn
<br />be g
<br />brotight against the city by reason or on account of or growing out of s-,:d work or its construction, tht said
<br />contractor will at his own expe:ase defend. the same, and will pay any juggment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cask,
<br />rxp�nve, payment or .judgment: ice r ::, eel. i i connection with such claim or claims, action or actions, And : f
<br />within ken days after ate; o cr r..a aegun, the city shall notify the contractor of the pendency thereof, '
<br />the*-rt r,riy judglilent ref: &c - x is i*y Anal be conclusive against the contractor and a.gainsv tl:,e surety
<br />rta hit cc. str°uctiutt l r ,,1, :ham a; b ' t a t� other matters pert,-.` ng thereto.
<br />And f1W 4cQDTmotor agrces to n3ai;ttain said improvement and make such repairs as may he necessary
<br />the Lrod gild in the manner as fixed by the specifications, and to secure tie maintenance and repair there_),
<br />to Me with. the Board of Public Works a bonct vy;th sufficient su ;ety thereon and in an amount as fixed by
<br />spe91hcations. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />oubject to the manic liability to the city and any o4ter person for any injury or damage to any person or prop-
<br />@rty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con
<br />struction work,
<br />A' d it is further agreed by and between si:i p rt:es tkiLt the acceptance of the work provided for in thi,
<br />contract, or the payment thcrcof, shall not co-- t e to a waiver on the part of the city of any of the provis-
<br />lons of this contract, nor shall it ruleade said r--i. tlae sureties on his bonei for the faithful perfc_ :,i -
<br />&ace tht�reof ; nor shall the acceptance be prix-:.r ciz eridence of the performance of any provision of this
<br />contract, except to the extent of entitling the coritrr.ctor 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 I- assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as mai cessary to pay all labore s oz. material men, for amounts due them for
<br />creak done or materials used or furnished to be used in the perfor - nce of this contract and the doing of
<br />said work, and -the county treasurer., acting as city trey surer, may retain money cost^�-fed from property
<br />owne':ra asaessi'd for said improvemeat to pay such de};ts nr 11„=?t tAc r,,:_,. ._ £ s6 ,ws floret they l Ave �s e
<br />t,kld or aatis�ed
<br />-? e-Pi9l: a for 99M§ -to ire ' ail irtI71msh earth, and tmnlSed matt rk ill i'"* stftan -xi
<br />11POR 80",1@t'0q bf tht if ' 6"%f tCttt Of the repairing thereof.
<br />IL# WiWk Of M44iflf; f>fA itipf #t WW %ball be coi Weted aeL�r sea :. of R'> e ;t _ r
<br />--- —---- day of---------
<br />A .,._...,.., . ..,.. ,,...., .. ,, inn ea•,aa3at as -as..
<br />66 t iliiij the to plyft*n of the sa; b shall be extended in grit,,l toy tke Ate:td of k 4at�l+me W0.6 ,
<br />• o p t.16. A € d fhAt MY 1994A P,*tVf11'1 tti of tini,3, or any alteration of this ct-,tract of eft tilt =,14 lil0r orb ow,
<br />OIR High WBfk gl;all itt' 4ti way affect the duties, obligations or liabilitic;, of the contvwtor or his 14i}iwa
<br />t 6 iffoed tkAt the enjitfActrill shall not assign this -ract, or sub -let the work of any part thorax tr
<br />h ( ll �l�l'�lah4f; MfhUO the wfit.en cont, -nt of the b.-ard of Pvhlic Works,
<br />is l ft i f it[ rccd a+1d stlltuteieii ti+',t +'A., contractor shall give to residents of said city and r , - r!y
<br />04,64flo hi the eiri loyrmitit of ,ill labo¢ necessary in the performance of this contract, and faihag era
<br />Stull jibrfeli tb tied tits the sum of ten ooi lairs for each failure to observe this stipulation,
<br />Awl. 00ft the Ottfot'feia,fiee of all the cans and conditions of this contract, and things to bt. Ono 4tA
<br />t »yid tbntraotor the Mid city agrees to cause the cost of doing such work to -he t4aseg4x-, ei it
<br />e ft 1 a t l r:41l tt aril i�,Ontrrv= tt r In the Mann-tr fixed by the statute goveraaing the making of ouch. improM
<br />anr_i ttifa%tkats of this tract, including all and singular the prDvisimio An
<br />.> . tElan e.;, ecifi�atet�ti5 and rc3htitou. af�.�s•-°y #b sl :iigesi!;iseci bar aSAf oit6elf.
<br />jWat1VV Su 6� x cr 3u vig*tt of %uch parties.
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