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<br />The Board agreed to. pad expenses of City Civil Engineer, F. ' J. Anderson
<br />to c bnvent ion: at Washington. Indiana..
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<br />The Board ordered that a police star be ordered for Geo. M. Urey,
<br />Sexton of the City Cemetery as special policeman. V
<br />The following contracts and bonds were approved by the -Board.
<br />PUBLIC WIROVEMT CONTRACT.
<br />THIS AGREEMENT, Made and entered into this 28th. , day of May 1918j by and
<br />between Williston Construction Company of the County of Cook and State S.I1linois,
<br />(hereinafter referred to as the " Contractor") and the City of South Bend, In the
<br />County of St. Joseph, and State of Indiana, by and through its Board of Public
<br />Works, (hereinafter referred to as the "City"), under and by virtue of an Act of the
<br />General Assembly of the Stato of Indiana, entitled " An Act Concerning Municipal
<br />Corporations, " approved March 6,19015, and all amendatory and supplemental acts
<br />thereto:
<br />Witnesseth, that the contractor covenants" and agrees.to construct
<br />asphaltic concrete pavement an Blaine Avenue from Ltncbin Way West to Portage Avenue
<br />In the City of -South Bend, Indiana, at and for the following prices:--
<br />2200 lin. ft. of curbing -per lin ft.....................35
<br />4270 cu. yds. of grading per cu. yd....................
<br />Storm grates, each...........................:.........8.50
<br />660 lin, ft. of conduit pipe, per lin _ft...............
<br />.71
<br />.88
<br />330 lin. ft. of marginal curb, per Lin ft ........... . ....'5
<br />30 inlets reset, each ..................................
<br />10 manholes tops reset, each....... ....................
<br />11355 sq yds. of -asphaltic concrete pavement using
<br />2.00
<br />2.00
<br />Trinidad Natural Lake Asphalt, per sq. yd..............
<br />77 sq. yds. of- brick relaid, per sq. yd................
<br />1.94
<br />1.00
<br />o ; rm all Work in the pxosee"'l`.#eta o said improvement under and according to the terms st►t} aon.
<br />-1s of Im Improvement
<br />f
<br />P nt I seiltitian No...... .. adopted b the Board of Public Worku2LA:„
<br />arid the la:n� r ,- .: � .. .� aP Y
<br />p - . , p ofile a.rd specifica-+ons on file ` . the office of the Department of. Public Vltprks. which i1�id
<br />r4tolrticw, plans, proflie and specifications are made a part hereof as fully and eifectuai#y at if eopged and
<br />set out herein at full lent/ th.
<br />1 e con -actor further axpr s ly covenants and agrees that in the roses skill z -q care ' 1-2 exrrd.s•�a th he "? r ro e �, P vt�ae o� � �k alb proper
<br />and- i t�Se psi ' i> a'-t'1 i - )tom r all excavations
<br />ci and ptalrar precaution to prevent irjytry+n ^py r a dangerogs p es,
<br />arty injury or damage resulting from the wore or resiiiti,.� from ant/ ma !et of ttt � tihat i0i the e�tnt id
<br />arising therefrom, to an person orproperty,-he .V; Wit`'`} � � or
<br />Y P .11 pay and liquidate the wane at W owti expeaw, and as-
<br />sume the liability therefor; and in the event of any clairl.or claims being nm4e or any actacbidtis es g
<br />brought against the city by reason or on account of or growing out of sAid work or its eonstruotioa, tit .sa;c2
<br />contractor will at his own expense defend the same, and. rill -pay any judgment recovered therein, and will "in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives front a#! coat,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. l "f
<br />within ten days after any such action is begun, the city shall notify the contractor of the ende
<br />then an judgment p tiler,
<br />on his constructionYrendered against the city shall be conclusive against the contractor aid against the �cet bond, as to the. &mom*., liability sad other flatters pertaining thereto.
<br />Aad tt1e.CC:CraCtGr d.Fr:,ES i:0Lti,^..ia'?"ain said lrii'i;yv:•_fRi�rrt z"a'.v iytU. i SJ:ii :.;�,..,' .
<br />the pf.rio'd; and ill the manner as fixed b7 the sneriSL4aons, and to SeCL• e the rn- ira nac .e to file with t`te Board of Pt;blic Works a bond -pith sufficient surety there an and ire an atxiou^ i ?s _+::ed c >.
<br />specificat<or.$. And in doing such repair work the contractor and the surety on his guarantee bond shall U= subject to the same liability io the city and any other person for any injury or damage to any per. -or or prc; -
<br />erty in the same.maiiner and to the same extent as is fixed in the last preceding paragraph coveri._g the co,i-
<br />struction work.
<br />And it is further agreed by and between said parties that the acceptance of the worm provided for in this
<br />• contract, or the payment thereof, shall not constitute a waiver on the part pf the city of any of the prov-, -
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful per`ort; - ante 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 n4king of
<br />such improvement and in .the performance of this contract, whetherdone or furnished for him, dr his agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estiniate
<br />in favor of the contractor or his assigns, or out of the amount due him or his Ussigns upon the completion_
<br />of the work, so much as may be necessary to pay ail laborers of materiae men for amounts due them for
<br />wank dons or materials used or furnished to be used in the performance of thus contract and the doing of
<br />said work; and the counter treasurer, acting as city treasrer, may retain money Collected from property_
<br />Owners asMsed for sa tt1WOruVtithent to pay such debts our until the contractor shows that They have been
<br />paid or satisfied
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