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WITNESS our hands and seals this ............ ..17-th*........ day of .... .............. August L922...4a. —. l ,s....._
<br />Amer44aa--.guro-t ... Gampa-y..4D—f-, 4 (VbW
<br />by Jacob Woolverton Y y
<br />The above bond approved t.ts E'.tir ... dry c)f.....,.,
<br />--------------------------- L ° --- ° FAR l--- Vice
<br />ALBERT F. HONER _.._......
<br />--------------------------- ------------ .__ _.__.._...... ...�.
<br />Board of Publiq,Works.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement , Made and entered into this lath. day of August
<br />1922 by sand between The Williston Construction Company of thelCounty of St.
<br />Joseph and State of Indiana (hereinafter referred to as the "'Contractor"),
<br />and the City of South Bend, in the County of St. Joseph and State of Indiana, by
<br />and through its Board of. Public Works,& (hereinafter referred to as the " City")
<br />under and by virtue of an Act of the General Assembly of the State of Indiana,
<br />entitled " An Act, Concerning Municipal. Corporations, " approved March 6,19059
<br />and all :amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />pavement on La Salle Avenue from W. Line of Bridge to West line of Main Street
<br />in the City of South Bend Indiana at`'and for the following prices:-
<br />738 lin. ft. of curbing.6=16 per lin ft. 0.60
<br />512 cu. yds, of grading per cu. yd. 1.50
<br />10 storm water grates,' each 14.00
<br />100 lin. ft. of 8" conduit pipe per lin ft. 1.00
<br />2614 Aq. yds. of removing old brick surface per
<br />sq. yd. .20
<br />4 manholes peset each 3.00
<br />144 cu. yds of extra concrete per cu. yd. 16.00
<br />14arinal curb per lin ft. .40
<br />1089 sq. ids. brick pavement in car track per sq. yd 3.80
<br />702 :io.. vds. of old concrete base removed.
<br />2062 sq. yds, of sheet
<br />Resetting inlets, each
<br />per sq. yd,
<br />asphalt pavement per sq.
<br />yd. Mexican Asphalt
<br />2.00
<br />2.35
<br />3.00
<br />44d W peflorif all work in the prosecution of said improvement under and according to the terms artd ew.
<br />dt lotia of Tmproveiren_t R.-malitfion No. _100.2----- ._.___, adopted by the Board of Public Works..June .21,; �1922
<br />Attd flee Plans, ptofile and specifications on file i-i the office of the Department of Public Works, which sa3u
<br />falloluffotx, Floras, rofila and specifications are made a part hereof as fully and effectually as if copied and
<br />sef out herein at Kull length.
<br />The eontraetor .further expressly covenants and agrees that in the prosecution of said work all proper,
<br />sicill and care v-411 be exercised_; that he --vll proper'-y ^r = and p--o`-�ct all excavations and dangerous .places
<br />And vi'll use all due acid proper precaution to oreveat injury to ary person or pro-?erty; that in the event ��
<br />and Injury or datnage resulting from the wor'.. or resulting from any matter or thing connected therewi4 or
<br />tt l 4u therefrom, 't® any person or property, he y-+11 pav aril licuidate the same at his own expense, and aa-
<br />sumc he liability therefor; and in the event of any claim. or claims being made or any action or actions beitle
<br />brought against the city by reason or on account of or growing out of s,.id work or its construction, the sail
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein-; and will in
<br />1111 rc®p@cts fully indemnify and save harmless said city, its officers, agents or representatives from all cost
<br />fto.edse, pa uc
<br />payment or judgment recovered in connection with sh claim or claims, action or actions. And
<br />Within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,,
<br />tan:.any+ judgment rendered against the city shall be conclusiveagainst the contractor and againstthe surety
<br />an his ccatatrvction bond, as to tbe� amount, liability and other matters pertaining thereto.
<br />E:rd time coAc;:e wr igrees to r.:ain+ain said iinprovemem. ti t,.zcre siz-xi ir�i3airs as`rb4_V e necessary
<br />the period and in One manner as fixed by the spfcifications, and to scel re the maintenance`a,rd repair thereof
<br />to file with t'.te Board of Public Works a bond vc;th sua'cient surety thereon and in an amount as fixed by :he
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the sai_.e liability to the city and any other person for any injury or damage to any pers,-.n or pop-
<br />r
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph coverion-
<br />struction workk.. ng the c
<br />Aud it is further agreed by and between said partes that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said cc trr;ctor or the sureties on his bond for the faithful perforn=_-
<br />ance 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 furui;,hed for him, or his agent,
<br />assignee, successor or .subcontractor ; ai.d the city may reserve out of any allowance made on any estimate
<br />in favol--of the contractor or h,s 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 meu 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, inay retain money collected from property
<br />owners assessed for said improvement to pay such debts or until the contrextvr s',otrs that they have been
<br />paid.pr satisfied
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