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786
<br />PUBLIC W.MVEMENT CONTRACT.
<br />THIS AGREEMENT, Made and entered into this 18th, day of September 1917
<br />by and between the Williston Construction Company of the County of Lake and State of
<br />Indiana (hereinafter referred to �,s the "Contractor,,") and the City of South Bend, in t
<br />the County of St. Joseph and State of Indiana, by and through its Board of Public Works
<br />(hereinafter referred to as the "City"), under and by virtue of an Act of the General
<br />Assembly of the State of Indiana entitled'" An Act Concerning Municipal Corporations,
<br />approved Uarch 6,1905, and all amendatory and supplmenetai acts thereto:
<br />9Pitnesseth, that the contractor covenants and agrees to construct pavement
<br />on Niles Avenue from Howard Street to Leeper Avenue, in the City of South Bend, Indiana
<br />at and for the following prices:-
<br />3
<br />i
<br />092 tin. feet 6f curbing, per lin ft..................$.30
<br />.1514 cu. yds. of grading, per cu. yd........ .60
<br />100 Tin. feet of conduit pipe, per tin ft.-*.......... .70
<br />Stbrm grates, each ...... ......0.......................10.00
<br />Resetting inlets, each .................................. 2.00
<br />Resetting one manhole, each... ..............;.:....... 2.00
<br />30 Tin, feet of marginal curb, per tin 1t.............. .25
<br />2350 sq. yds. of Aztee Asphaltic Concrete, per sq. yd. 1.56
<br />tnd I r 9r�x �r : irk r €�'o - tantt Sd #t ►f@ @ N[l�@F fl� $��@1Ftjliii 8 }�j `~�$n-
<br />ftiiOM Of IMProvewent Resolution No,am tht
<br />P' , profile d sp-rif mf4ona on file ' flT -a offie@ A# the4PBOO
<br />zit rrs, rni l anri e,fi.at ong a.re irtadQ a part hereof a&�� ��fu�jj� �� Tand
<br />S`_°'t,Czti hcre,in -at t,jll 1,;:}mil'J.
<br />n-T'actor tvr� her covHnaAto ants .i gar
<br />11 T care Tam e nrr; `l ha. �� s t}iat in the prosecutipn of said work �Tl proper
<br />:" , _
<br />and tiac i. 1, a , all ex-ava ons ar..4 dangerous places,
<br />1 y 1, r ci r t J lift az s "-?f T�CrSG??1 Y r +, i. �S,
<br />event of
<br />at9#1 !j?iF y 1r mnn, r :1 p fir 13 j i r'lk+ fr�p"�Y ;t'rc (1I tl� fir
<br />an "ng +lar. efrnm, ' o any per. �, or +pro + hu +t1 r.. an ; "` T th-r�Nvi4l or,
<br />-Y, 1 r,,idate th,- s •ne ^t 1 �s awn expense, and as-
<br />sttn F `he liability themfor; and in the evout of any claim or cla+rntt b- ng made -r a-.-,y ac ;on or actions being
<br />brc ght a.ga zst the city by reason or on cco,Tnt of or gro-wing o,_t of c^iri vrnrlc or its constrvetion, the said
<br />contractor will .at his own expense defend the same, and vv;ll paany jud.gme,it .recovered therein, and will in
<br />all respects fully indemnify and save harmle$g p id city, its of tiers, agents or representatives;- from all cost;
<br />expense, payment or judgment recovered in conn#ctjon -wit4 fmcli claim or claims, action or actions. And if
<br />within ten days after any such action is beguti, ttl-ie city shali• ngtify *e contractor of the pendency thereof,
<br />then any judgment rendered against the city -#haalt bs f si�x,g ate c�antractor and .gainer the st}re.
<br />oa his eonstznctaon bond, as to the sett,� illy ttLet's pertaining thereto.
<br />And ti.= ; o; ':•actor agrees to a...i,wa ain *aw iaT 1,.i aaa Cl;� iA u .
<br />6c peritod aiid in the manner as fixed by the soecifica"ions, anti t0 'sec, a to
<br />to file with Vie Board of Public Works a bond N,fth sufficient surety .ht..,,o_, and ;.1 an al:iount as ..,..c
<br />specifications. And in doing such repair work the contractor and the surety o., hi g,ara �t::e born „il be
<br />subject to the same Iiability to the city and any other person for arty injury or darnag. ;o any prso,; 01, prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding partt rash co;cnni w the cony
<br />struction work.
<br />Arid it is further agreed by and between said parties that the acceptance of the wor p_-ovid,l for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any the proves -
<br />ions of this contract, nor shall it r,lease said contractor or the sureties on his bond for the faithful perform.
<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 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 his assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as may be necessary to pay all laborers or material men for amounts due them for
<br />work done or materials used or furnished to be used in the performance of this eontrgct and the doing of
<br />said wor ;, and the county treasurer, acting as city treasurer, may retain money Collected from prop.drty
<br />oyrr-ers vssesspd for said improvement to pay such debts of until the contractor shows that they have been
<br />paid or satisfied
<br />. -rmc : ail r�i , -..n, earth, and un+:seat material in the streets or sides zhrreot
<br />.+tr, ile comic the imn*o• em ,t or the repa;ring thereof.
<br />f work 11— 'rc' z t ;mnr-v-ment shall be completed ac ing to the rms of this contract on r
<br />ltr for the ..,.. 1.. - : ...................................dap of............- - .. ......, !..,�...,
<br />the aim r+. I r,= ,lr �11 of the sa-,e s�^.a o e�ten�ed in �t iti,g by the hoard of PubltclVVofks, _
<br />6_,,d ,t ig agr firm, or ^nv alterw:ion of th;s contract or of the manner or meth-
<br />od of doir-z s+' . ry by ay at' �;:t. the du`;-s, obligations or liabilities of the contractor or his sure-
<br />�t is agrecel ss;?ii this cortrn-4, or stub-1.et the work or any part thereof to
<br />be dtwhere-l-,r; r. of the Board P;'?)li.c Worles,
<br />Pr. '•i nnr r-icior o-i ,'(, to residents of said city 1':?d coutity
<br />preference in ,hn er 1;', . r :.,c,ssary in the performance of This co -tract, and failing to do so,
<br />shall 'orb -it to th; cl,y , ,"^:s for ee•h faiinre to observe this stipulation.
<br />A-d upon th= pct, lrr_ a � -) a . t*ie t ias and conditions of this contract, and things to be done and
<br />performed by said coi; ractor 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 />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 th•e resit;-rtivr, ucccssor or assi;yns �,f c„rr parties."
<br />In Testimony Whereof, We, the foregoing named .parties, hereunto set
<br />our hands thid,.18th. day of September.1917
<br />CITY Or SOUTH BEND, INDIANA.
<br />By A. H. Rice
<br />John. B. Weber
<br />Its Board of Public Works.
<br />WILLISTON CONSTRUCTION C01PANY.
<br />BY'J. G. SCHAUB, Secy.
<br />Contractor.
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