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The following bonds and contracts were approved by the Board.
<br />PUBLIC ItTROV.n.TENT CONTRACT.
<br />This Agreement _, Made and entered into this 25th, day of July
<br />19221922 by and between Whije Construction Company of the Counter of Milwaukee, and
<br />State of WiUscensin (hereinafter referred to as,the " Contractor )q and thee'Cityof
<br />South Bend) in the --County of St. Joseph, and State of Indiana by nd throu h its
<br />Board of Public Works, (hereinafter referred to as the "City'll, under and
<br />virtue of an Act of the General Aspembly of the State of Indiana, entitled An
<br />Act Concerning Municipal Corporations, V1 approvedMarch 6,19051 and all amendatry
<br />and supplemental acts thereto,:-
<br />Witnesseth, that the contractor covenants and agrees to onstnuct
<br />pavement on Bowman Street from Miami Street to Studebaker Park, in the City of
<br />South Bend, Indiana at and for the following prices:-
<br />100 line ft. of curbing per lin ft. $.50
<br />1177 cue ydse of grading per cu. yd. .95
<br />10 storm grates, each 12.50
<br />3 manhokes reset, each 3.00
<br />12 inlets each reset... 3.00
<br />1'manhole cover each 18.00
<br />lli6 lin. ft. of manholes per lin ft. 10.00
<br />214 line ft of marginal curb per lin ft. .40
<br />_362.1in. ft: Of 8" vit. pipe per lin ft. 1.00
<br />4527 sqe`yds of aspaltic concrete pavement
<br />using Mexican Ashalt per sq. yd; $ 2050
<br />and to perform all work in the prosecution of said improvement under and according to the twras and cart"
<br />ditions of Improvement Resolution --- adopted by the Board of Public Warks....May ... ?3 and the plans, profile specifications on file in 1922.
<br />P"d ii�e --- office of the Department of PubEc Works, whic� saia
<br />resolution plans, profil� and specifications are made a part hereof as fully and effectually
<br />set out herein at full- length;
<br />uallY as if copied rand
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care ;-,rill be exercised; that he and Poct all excavations and dangerous
<br />and 77ill use all due and proper precanti g!rou: pla�es,-
<br />to prevent in-11-17,v to ary person or p-pnert
<br />and injury or damage result!ing from th`__OnVr1r, y; thatvent QL
<br />or restil-i from a-�y matter or thin connected therewiti or
<br />ir sing therefrom, to any person rson or property, he 1-17;11 nlLy ar-i hql2idate the same at is own expense, and as.
<br />sumo the liability therefor;f
<br />and in the event of any' c! a-M or clainis being made or any action or actions being
<br />brought against the city- by reason or on account of or groiving out of slid work or its construction, the said
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />all respect� fully indemnify and save harmless said city, its officers,
<br />cers, agents or reoresentatives from all cost
<br />expense, payment or judgment recovered in connection with 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 />thW an7 judgment reRdered against the city shall be conclusive against the contractor and against the surety
<br />nu his e6rstNctie& beM,as bo th- amor.-,-t, liability and other matters pertaining thereto.
<br />And file eppractol, Rkrtco,
<br />W
<br />�prlod and In the mantier A.6 11) VO;f olnent a7ld rnake such repairs as nay ue necessary for
<br />fixed 6Y the M-CiAcations, and to sccure the maintenance and repair thereof
<br />U18 With the Board Of PUhlie Works a bondvilth sufficient Surety thereon and in an amount as fixed by the
<br />IP161ficAtIfts. And In doing such repair Nvortc the contractor and the surety on his guarantee bond shgrope
<br />subject t
<br />o the BaDle liability to the City and any o*.er person for any injury or damage to anyperson or arty In the same rdatIM and to the same extent As is fixed is the last preceding paragraph covering the con-
<br />40Idoft were
<br />. . :Aad It Is further agreed by and betweft Said 1&rtics tb&t the acceptance of the work provided for in th I is
<br />OMW40t, or the ,payment thereof, shall not COWItitUte a waiver On Ale part of the city Of any of the provis-
<br />IOUS Of this cOntikt, nor shall it release said CVMttMCtcr or the sureties on his bond for the faithful perform-
<br />ance th4eof; nor shall the acceptance be prima hek evidence of the performance of any provision of this
<br />tontract) except to the extent of entittiry tile contractor to the contract price therefor.
<br />The contractor agrees to pay for all sLbor and materials used or furnished to be used in the making of
<br />ouch ImprovotheAt and In the performance of this contract, whether done or furnished for him, or his agent,
<br />Avolffnee, succfo886ir dr' subcontractor; and the city may reserve out of any allowance madeon any estimate
<br />In facer 01 the
<br />c0fttMWr or assigns, or out of the arnount due him or of the work, to rtiuch is mal, his assigns UPW the completion
<br />�cessary to pay all laborers or wateriai risen for amounts due them for
<br />-do'ne at rAitotials users qr iurnished to be used in the performance Of this contract
<br />ialdW"14 and the WUnty trea4urer, aCtilig as City treasurer, way retain m and the doing of
<br />40W.fttre asset sed-(W 4ji-d " OH*y colts from property
<br />#Aid At 414466d traprovefteat to Pay such dthts or WA4 tke aGatroAkor s3wws that tkey have been
<br />1!1c c0l1t7a -or agz"ees to i rn ()-- _, ,I I -1-41
<br />qpc?n x,hje r-ompletio
<br />Of the rv-ter-mi na c_-e Afte"
<br />-4 Pf e3 1�
<br />AN 'VqF� -?f piij4 *' 7 - -
<br />1 e,013145-tted w--cording to the terms of this W
<br />FFF �
<br />qmpa 18 iq W, ..... 64 ... it's 6-iffiPyWifi, 61 th@ §Sqll bc exf"Aed in- writi-.g by the Board of pubRe Works,
<br />liffEd fhOtf 94Y 914A
<br />81611 @f Vi7-41, Of 'illy alterattion of this pentract or of the manner or mo0j,
<br />delft "Efl Wefk §�Ail iii fie WAY 1111@0 fire dutles, cbligations or liabilities of the contmetor or his aura,
<br />Hey'.
<br />"gign this "--- ct, or sub -let the work or any part thereof to
<br />wIMI-fit of the hn,rd of Pilblic Works.
<br />§tlPUlft+@d that t4i enntractor shall give to residents of said city and rimsnty
<br />ffit, drtfieftt 6f Ot tabby necessary in the performance of this contract, and failing to do so,
<br />'Y "th bf tuft dollars for each failure to observe this stipulation,
<br />Ef
<br />Oil t
<br />"Ff6pffl"t" 6t 911 the ttM8 Rnd conditions of this contract, and things to b
<br />fffbhiz t V Mil e6iftfadt6p the §d1d e doft find
<br />rutw ii�,Z#Aiid § @ItY AVINS W cause the cost of doing such work to be assessed, col.
<br />pit rd t1d gd 1aJhtfitfdtbf in the Mfifift fixed by the statute governing the making of such impro'y4v
<br />Afid %APAA1&t4O%9 Of this contract, including
<br />PtAN, gowfifttibm and r, all and singular thp-provisio'ns an4
<br />ki "Oluti011 4110resaid, the undez*igned binds himagli,or itogif,
<br />fki�oit'Hlft ilatfej"j* nth partles.
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