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<br />PUBLIC IWROVEWNT CONTRACT.
<br />• THIS AGREEMENT, Made and entered into this 17th.0 day of April 1918, lay
<br />and between The Western Construction COMRany of the .County of St. Joseph and State., of
<br />Indiana (hereinafter referred, to as the Contractor") 0
<br />ontractor"), and the City of South Bend, in the
<br />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 Ind iai a, ent itl*d " An Act Concerning Punic ipal Corperat ion.ss,
<br />approved March 691905, and all amendatory and supplemental acta Thereto:
<br />Withess eth, that the contractor covenants and agf?ees� to construct p�.voment
<br />on Jefferson Boulevard from east line of Michigan Street to west line of Bridge over
<br />the St. Joseph River, in the City of South Bend, Indiana at send for the fallowing prices: -
<br />140 lint feet of curbing per lin ft......................A.30
<br />1229 cu. yds. of grading per cu. yd....................... .80
<br />3770 lin. ft. of granite stretcher block, per lin ft......'. .55
<br />5 storm grates, each............... ..... .. .......8.50
<br />260 lin. feet of 8" conduit pipe, per lin ft............... ..85
<br />Resetting 17 inlets, each.................................2:00
<br />25.11n, ft. of marginal curb, per lin ft................. s .30
<br />5 manholes tops, reset, each ........................... ...2.00
<br />4348 sq., yds. of Trinidad Lake Sheet Asphalt,. per sq. yd...2.32
<br />1283 sq. yds. of Trinidad Lake Sheet Asphalt surface
<br />per sq. yd................................................1.53
<br />685 sq. yde. Veederssburg or Ironestone block, per sq. yd.. 2.097
<br />520sq. yds. Ironstone or Veedersburg Block, resurface
<br />per sq. yd...,....'......................................0. 1.88
<br />Mortor cushion per seq. yd................................. .25
<br />Concrete stretcher block,, -per tin. ft.............. ...... .20
<br />Extra concrete per. eu. yd.. .... . ........... 6.50
<br />Contract awarded to the, Western Construction Company for Trinidad Sheet
<br />as halt and Voodersburg block- laid in a msrtor cushion with Granite qtretcher black
<br />sn.g s ix (6" ) inches addd it ional concrete under ties, along tho , ;1, in portion of
<br />street occupied by the Chicago, South Bend & Northern Ind i - Ra way Company, as per
<br />res elttt ion of the Board of Public Works of April 16th. , 1918.
<br />pe -:orm all ork in .hA prosecution of said improvement under and according to the tetras and can -
<br />ditions of Improvement Resolution No.......,... ... , adopted by the Board of Public Works.VAhX?aArY., 5th.1918 .
<br />And the plans, profile a-rd specifica+;ons on file i-n the ofXite of the Department cif Public Works, which said
<br />--resolution, plans, s±rofile and specifications are made a part. hereof as fully and effectually as if copied and
<br />set out hereir at fell length.
<br />The contractor further expressly covenants and agrees that in the prosecutiorf`of said work all proper
<br />,skill and care ;' i be exercised; th;ot he =-:�M to'
<br />er'.{- d. a-d pro-s-*. all excavations and dangerous places,
<br />and '11 use all due and proper precaution to prevent injury to ,ny person or property; that in the event 4f
<br />any injury or damage resulting from the work or resulting from apy matter or thin;g,'connected therewith, or
<br />arising therefrom, to any -person of property, he wall pay and liquidate the satire at his own expense, and as-
<br />sume the liability therefor ; and in the event. of any claim or claims being made or any action or actions. being
<br />brought against the city by- reason or -on account of or growing out of said work or its construction, the said
<br />contractor, will at his own expense defend the same, and will pay any judgment recov theK#in,.$ad will. in
<br />all respects fully indemnify'and Aava harmless said city, it officers; agents or reproMires frotu` all cost,
<br />expense, payment or judgment rdovvc: in connection with such daub of eliiims, actiots,or actions. And _ii_
<br />within ten days after any such agtkn -is begun, the city shall .notify the contractor pf d%e pendency thereof,
<br />then any judgment rendered against the city shall be conclusive against the contractor and igni>At tin surety
<br />an his construction bond. as Lt6 the amount, liabikty and other swatters pertaining thereto.
<br />And -fit <<c_cr gees to mam- a.ir. sa n
<br />th" period and rn the mw ,ner as fixed by, the spec,hc:a+ions, ano se
<br />to file with the Board of Public Works a bond wllth sufficient surety -hei et:_.: and , . at :; r1l)CM,, E;
<br />specifications. And in doing such repair work the contractor and the stirety o-.i, hi zi:ara.-i:-.
<br />subject to the same liability to the city and any other person for any injury or tiainag- co ally
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragranrl co'e-Y -t"1i_ . > ,.
<br />struttion work.
<br />And it is further agreed byand between said parties that the acceptance of ,the wolx pro.•iaed r _x• i�l t', A
<br />contract, or thepayment thereof, shall not constitute a waiver on the .part of the city of any o: c'z., proves
<br />ions of this contract, nor shalt it release said contractor or the sureties -on his bond for the faithful perform=
<br />ance thereof; nor shall the aeceptatice 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 />fa
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in vor of the contractor or his signs, or out of the amQ"t due him or his kisigns upon the completion
<br />of the work, so much as tiny be ne?cessary to *ber or materis4 then for amounts due them, for
<br />work done or materials used or fet, ac in to be t} eel in the performance of .this,contract and -the doing of-
<br />;aaid work, and the county trcasuret, noting as atx :tieasarer, retsia money collected frosts property'
<br />owners assessed for said unproveman; to pay sash debts -or un�il ootatraator •bows tlptt 64'y hays best
<br />paid , or pat�efced - _ -
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