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<br />Board met in special session at 4: 00 P.M. fir. H. F. Rost iser absent,
<br />Mr. H. B. Dietweiler, Secy. of the White Construction Company met
<br />with the Board and signed th contract and bond for the pavement- improvement on
<br />Portage Avenue from allay _north of Kinyon Street to north City limits, under Improve-
<br />ment Resolution No. 579.
<br />PUBLIC IidfPROVEMFIT CONTPkCT. -
<br />THIS AGREENT, Made and entered into this 18th. , day of September 1918,
<br />by and between The White Construction Company, of the County of Milwaukee, and State
<br />of Wisconsin, (hereinafter referred to as the " Contractor%) and the City of South
<br />Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of
<br />Public Works, ( hereinafter referred to as the " City"), under and by virtue of an
<br />Act of the General Assembly of the State of Indiana, entitled " An Act Concerning
<br />Municipal Corporations,," approved Larch 6,1905, and all amendatory and supplemental act
<br />thereto.
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />Sheet Asphalt pavement on Portage Avenue from first alley -north of Kinyon Street to
<br />north City Limits, in the City of South Bend, Indiana at and for the following
<br />prices:-
<br />4732 cu. yds'. of grading per cu'.' yd.........., ..... .98
<br />20 storm grates, 'e°ach.....'.'. 0 0 ...... . ......... a.00
<br />650 tin. feet of 8'"' eon&it• pipe',' per lin fit,........ 85
<br />Resetting 29" •inl'ets`, aacb.'......................... 2.00
<br />Resetting I2` iishh61es,` each.'. ... .'.........•.. 2,00
<br />280 lin feet- of marg'iiial aurb-,• per` Iin ft....... .35
<br />6684 sq. yds. sheet a`shalt;` Trinidad Lake per sq. yd2 .26
<br />",
<br />4091 sq. yd6—. 6gravel' pavement; ` p`er sq. yd...... .68
<br />atfd tb Verfor%all work in the prosecution of said. improvement under and according to the terra g` And core -
<br />ditiotis IInprovement %Wftii n Ila..,., „..... a 3opted by the Board of Public Work
<br />and the plans, pral+e snd spc�fitiiyns'on fire ih Elie e'_of tt, Department of Public Wo s, wh eh said
<br />retolution, plans, , rofiW-and specifications are made a part .hereof as fully and effectually as if copied and
<br />Aet cut "rent at,full length.
<br />s contractor -:further expressly covenants and agrees that in the prosecution of said work all props
<br />(skill al-d care •• Ul•be escercised;tl•r2 •he •=.• 11 n*7n-•w • r�•i a;+d•l•Fmtec't all ex avations any} dangerous places,
<br />and use al! Niue and proper pre,4u;ipq #q preye�at }n t}ty,tp .ny person, or�,.proeerty; that it,. +,hP%`eve j'
<br />any.injury or tiatflmt a-res :tug from the wnrk or resultti+g from any fi atter of thing-rnnnectM therewi-t {mot
<br />arising therefrom, to any person or pnor.rty, he :ill pay and liquidate the s m at his own expense,
<br />sume the liability therefor; and in the event of any claim or claims being rea�e or any. action f.,aetlons b,
<br />brought against the city by reason _or on account of or growing out of. said work or its cn"�trt. inn, r h s {
<br />contractor will at his own expense defend the same, and well pay any judgmmnt recovered therein, and .. _ll i-a
<br />all respects fully indemnify sad save -harmless said city, its . eers, agents or representatimrs from ail- cost,
<br />expense, payme ,or judgment recovered in coRthetbon such claim or claims, action or actions. And f:
<br />within ten days afteit any such action is begud, fbe city s i notify thee contractor of tie pendency ther-• )? .
<br />then star judgbatdt',rendered against the; city sham be; co a against the contractor and against the surety
<br />on Wo twstt;"eti+ction bane!, as to the amotint, liabili* send matters pertaining. thereto.
<br />And the soi.tTok: tear ,-,S t9 ttl:'{*.a'#:'`ta.tfl jWck al le
<br />the Period and its flit manner as i tQd lay tae sr e4n s�a.c� , at►ti to pc - re .ne
<br />to file With ele Board of Public Works a total x„th sufficient surety there(,,. and 4:1 an amount to nxl�d by •11-
<br />specifications. And tit dating such repair work the enntractor, and the surety rip his ptuaratatee Bond shall be
<br />subject to the saute liability to the city and any other person for any injury or datr►:age to any pcx :-t+ , or prop -
<br />arty in the same manner and to the same extent as is fixed in the lastpreceding paragraph coier4q the con-
<br />struction Wort{..
<br />And it is further agreed by and between said parties that the acceptance of the works provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any �91 the pro` s= lotls of this contract, nor shall it release 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 tol 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' oT his assigtse, or out of the amount due him or his assigns upon the completion
<br />of the work, ao anur.Zt may- be ngcese
<br />seary to pay all laWrers or materiai en for amounts due these for
<br />Work dons, of msterlWO aced Or `N!"nished to be used isi the perform" of this contract and the doing of
<br />said work, and the - c6unty treasurety ' ecting .as" city treasureir, suh,yy retein money collected from property
<br />o rs awed for said-assprd�e>wegt t�: �► such debts or`urni tltc eoptr qr shaw►e that �i' Uye base
<br />paid at _ fri►08fied . -
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