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The following bonds and contracts were approved by the Bard.
<br />PUBLIC IIIQ'ROVEMUT COST TRACT. ,
<br />This agromnent, .Made and entered into this 2nd. day of July 1919
<br />by and between The Western Construction Company df the County of St. Joseph
<br />an State of Indiana(hereinafter referred to as the " Contracter"), and the City
<br />of South. Bead, in the 'County of St• Jssoph, and 'Stater of Ind`isne, by and through
<br />Its' :Beard of Public *Works,, (hereinafter referred to as the " City") under, and by
<br />virtue of an Act • of the General Assembly of the .State of Indiana, entitled " An
<br />Act C one ern ing Municipal Co>rpsrat i na ` " approved March 6,1905, and all amendatory
<br />and supplemental sets thereto:
<br />Witnesseth,cthat-the contractor covenants and agrees to construct
<br />Shut Asphalt pavmment on Walnut Street from Ditiis ion Street. to Semple Straot
<br />in the City of South Bend Indiana at and for tl a following prices:-
<br />cugr er Lix! ....�•..••..•.•.••. •3
<br />2373 cu. yds of grad �er cu. ... • ... , • ....... •..
<br />10 storm grates, each.............;...........,i..•.•.•9.00
<br />260 tin. f*et .sf conduit pipe, per tin ft............ • • 81
<br />22 inlets reset,- each ................................ 2.04
<br />380 11n. feat of marginal curb, per 1 in ft..... • . • ... .20
<br />6 manholes reset each........... ..................... 2.00
<br />9092 sq. yds. '©f Trinidad Lake Shoot Asphalt pavement
<br />per sq. yd........:..... 2.70
<br />old to perform all work in the prosecution of said improvement under and according to the terme arrd cent •
<br />(( ,
<br />ditions of Improvement Rresolution No. __ 617Q---_--_--_, adopted by the Board of .Public Works., AM i1�0- 39
<br />and the,plans, profile and specifications on. file in the office c 4 the Department of Public Works; WYI 1�sai� tesohttiori, glans rofil and specifications are made apart hereot. as fully and effectually as isf copied set out herein at #aft length.
<br />The contractor further expressiv covenants and agrees that ir} the prosp�utinri of saie#
<br />skill and care s �isl be exercise,; that he 1=-on�r'� l ^�t all excavations anti d --ill use -it dangerous places
<br />and due a+,3 p-.�Pr nr�ca `.io11 to+T�r'v� t ±.1w •1 V person OT 1" Y_i-* 't
<br />-arty injury or.dama a resulting frrrn the .�;�---"nr r: - t• »�
<br />g $ , f ''n> a yr: ,+*Pr or 11i"Ier e'orS;^"t• 4l ther-ewi or
<br />arising therefrom, ro.any pers� i or property, he_ . ll n-wv a.., • li ; idate the senme at
<br />.�7s otivn ex Fuse, and as:
<br />sume the -liability therefor- arid: in the event of a.n mil. ' $"� y . a: e o laiiris bang made or any ac ion or actions beit3g
<br />brought against the city by. reaso.z or on account of or gro :'rig out of slid ���or . or->fis eetrt+orlon, th® said
<br />contractor will at his own expense defend the same, and will pay any judgment recovery Cheretn, n$ _vt,
<br />all respects fully indemnify and save=harmless said city, its fficers; agents or representatives from all cast
<br />expense, payyment or judgment recovered in connection wit 'such claim or claims, actions ox,actions, Aria
<br />within tort days aftar any such action is begun, the city shal notify the contractor oi'tee:pest�ieney there
<br />then any judgment rendered against the city shall be conch± ive against the contractor and against the surety
<br />an his construction bond, as. to th - amount, liability and: oth r maxters pertaining thereto.
<br />And the epproctor sgreas to maintain said im, rovcme t a,(i make such repairs as may be necessary fc,,
<br />�wrjp and j1S the fnanrter ass fixed by the sDPci`tca+ions, nd to secure t:ie maintenance and repair theroi
<br />With 016 206114- of Public Works' a bond c,,:th su:yzcie at surety thereon and in an amount as fixed by the
<br />sPLet`iA6oti613i, And in doing such repair work the contractot and the surety on his guarantee bond shall be
<br />lub)"t4® the 68ttia fability to the City and any other persolL for any injury or damage -to any pers;rn or prop-
<br />MY 16 the 94100MAnner and to the same extent as is fixed •n the last preceding paragra
<br />struatph covering the c9rt=
<br />ll" Work
<br />old It IN further agreed by and between said parties that the acceptance .of the work provided for in this
<br />0001PA41t OF the p8yritent thereof, iha,11 vt constitute a aiver }
<br />�: the part of the city o any of the provis=
<br />iOhs W thig c®lltract, nor ®half it rijleaae said contractor or the sureties on his bond for the -faithful perform -
<br />AM thlPcof ; nor s,.all the acceptant F e be prima 'facie e�ri 'epee of the per,ormance of any provision of this
<br />®pins e s h.rpt to the extent of erttitlirlg the contractor t the contract price therefor.
<br />The t ® tr&ct®r a tees to pay for all labor and materials used or furnished to be used in the making t
<br />lx: ��� a r�s,_._� ��
<br />if in the performance of this contract, g
<br />t, whether done or furnished for him, or his agent,
<br />8l1§i @at etlgti@190t' 0r 88bcont&aor; and the city mP-y reserve out of any allowance made on any estimate
<br />Of ilia etaitra.ctor or • `, ikssigns, or out of the am unt due hint or his assigns upon the eompletiou
<br />of tht Work, 90 rough as ma-.,-cessary to pay all laborers or materiai men for amounts due theft for
<br />W%?a d§R% ur Materials wse� ;:, .4ralshed to be used in the performance of this contract and the doing of
<br />94.14 W004 &VA tht li-,fadftty treasunr, acting as city treasurer, may retain money coVacted from property
<br />A It a nsstt tt said tnprovemexrt to pay such debts o until the contractor shows that they hiye bet ' Mid ft %ati$if@d
<br />' ,
<br />a9- e: to remo all rub);yh, earth, and unt:sed material in the streets or sides _,
<br />upon the completion of the imnrovem!ngt or the repairing thereof.
<br />The work of makiri such imp
<br />rovement p, wement shall be co
<br />before a co di tot s of this contract on or
<br />bef©re the 2Atia- vci09der
<br />--•-------•------------ ----- -----day of--- --
<br />un less, the. time for the com+ile*ion of the 5a? e shall be Py+..............................' 1 ...........
<br />9
<br />And it is agreed that extended in vvr t; b the Board of Public Wo. s
<br />g any 'lipl ion o i the
<br />of +;me + y rl' .
<br />od of doing such work sh�'ll.in r:o wayaffect the or any alterrition of this contract or of the manner or meth
<br />ties. duties, obligations or liabilities of the contractor or his sure -
<br />It is agreed that the contractor shall
<br />he don, hereunder, wihor t the not l.ssign this C< :t act, or sub -let" the work or any part thereof to
<br />nit ^n co..: -t of the
<br />It is further agreed a::d sti u z:_-d the Boa- "' P;-blie Works."
<br />preference in the em to r^cnt of �1 la or :,e eoy`zactor shall rive to residents of -said city and county
<br />p y ° c...,sai t7 the rfor�, a.rce of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each" failure,-ko observe this stipulation.
<br />And'_upon'the' performance of all the tennis and conditions of this contract, and "things to be done and
<br />performed by said contractor the said city agrees to cause the cost ei doing such work to be assessed, col-
<br />lected and paid to said contractor in the anner fixed by the statute governing the making of such improve-
<br />ments._
<br />To each of the conditions and stipulations of this -contract; including all and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
<br />and the respective successor or assigns of such parties.
<br />_. 1
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