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.B card met in s joec 1a,1 seas ion at 10: 00 A.M. Mr. G. A. Ell Iott
<br />abse nt
<br />The Board ordered the City Controller not if ied to release check
<br />of Bruno De Paepe on. East La, Salle Avenue,
<br />Thy f of low ing contract a ppr oved by the Beard.
<br />'PUBLIC I-MFIROVEIEN'T CONTRACT.
<br />THIS AGREE NT, Made and entered into this 21st• day of May 1919.
<br />by and between The Western Construct ion Company of the County of St. Josep j and
<br />State of Ind Tana (here insfter referred to tim as -the " Contractor"), and the City
<br />of S ouch Bend, in the C ounty of St. Jose ph and State of Ind isna, by and thr .ugh its
<br />Board of pubt}ic Works , (hereinafter referred to as the-" City"), andar and by virtue
<br />of su Act of ,the General Assembly of the State of nd isna, entitled � An Act Concerning
<br />triunic fps 1 C orporat ions , ", a ppr oved March t�,1905 9 a d a5 ll amendatory and supplemcntai
<br />sets thereto:
<br />witnesseth, that the contractor covenants and agrees to construct
<br />as nra it is concrete pavement on Sherman Aveme from Lincoln way West toportage
<br />,Avenue, in the C ity of S outh Bend, Ind?_ ans, at and f or the f 0110W ing prices: -
<br />curbing per lin ft••.•.•.••............................$ .30
<br />2483 a u. Yds.of grading per c u. ;,+d ............... . • • • • • .. • • • • . 75
<br />10 storm grates, conduit
<br />• • • p• • • • • ..T•aaT-- ......... • ... , ....... w 9000
<br />280 lin. ft. of conduit pipe, per lin �it..-..•.•00•.._••..•••••w 070
<br />240 lin. feet of marg Inal curb, per lin ft.. w ...........:..... .17
<br />20 inlets, reseeting same, each••• ••............_.......,,.... 2.00
<br />6 manholes reset, eac,h... ... NNNNNNNNNN • . • ........ , ..`, ...... 2.00
<br />9750 sq . yds . of . Tr inidad Lake As pha It is c oncrote pavement
<br />per sq.w.............................. 2.27
<br />to perform all work in the prosecution of
<br />said improvemi6tit under and according to the teripa$ and con-
<br />dtrfors of Improvement Resolution No: _0"; .....--., .aadopted by the Board of Public I�Torks_�_/_.. �__.__.__. g I9/qr
<br />and the Plans, profile and specifications on file in the vtfice of the Dcjaartment of Public Works, which id ��
<br />resohztion, pla.hs, profile and specifications are made a part hereof as fully and effectually as if copied- and
<br />set out herein. at fuil length.
<br />The contractor further expresslv. covenants and afire-s that in the prosecution of sail work all proper
<br />skill a-. l care - 'l be e.:crc s_-5 ; tf:i t he --rill prirs._r' .r ar-d Fro .rt all excavations anal dangerous places,
<br />and '1 use due pYecw-wt=:on to prevent initt y .tb ;ny person or p_ :ty; that in the event _f
<br />any injury or damage resultint #tetra tb- U.)rl, or resulting from ary trotter or thug ronr cted the.rewit'I or
<br />arising the-refrom, to any perr�'�0r#f6#ietfY hr-t +ll pay and li4lAitatt the-'. at his own* expense, and as -
<br />Wit* the liability therefor; and in the event -of any claim or dlaitis ieiu -made or any action cr actions b: irg
<br />' bro tght against the city by reason or on account of or groW1rag OU 1ol SM WOrK or its construction, s3;1
<br />edfitractor will at his own expense, defend the scime, ani'vn pay -any- jud in recovered therein, and v .! in
<br />all fespects fully indemnify ani save harmlZss said eity,. ifs c gets; agents or. representatives from all cost,
<br />expense, payment or judgment recovered in connection wi sue, rearm or claims, action. or actions. A , l f
<br />within ten days after any such action is begun, the city shall notify the contractor of td,, nPrdarcy Cher
<br />then: any judgment rendered against the city shall be conclusive against the contractor and against the suret,.
<br />on his construction bond, as to th 'amount, liability and other matters pertaining thereto.
<br />A_.,d the contractor agrees to maintain said ar::; 11fi.ve such repairs as nmy n<.c .ssa_ ;
<br />the period and in the manner as fixed fry the specifications, and to secure me viaintenance and repair ther
<br />to file with Vie Board of Public Works a bond faith sufficient surety thereon and in an amount aq fixed by the
<br />specifications. 'And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any other person for any injury or damage to any person or prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />Aral it is further agreed by and between said parties that the acceptance of the work provided for in this
<br />contrast, or the payment th -r.of, shall not constitute a waiver on the part of the city of any of the provis-
<br />io-:s of this contract, nor shall it r::lease said contractor or the sureties on his bond for the faithful perform-
<br />arce 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, sue ssor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in favor of-ontractor or ' '-.=-igns, or out of the amount due him or his assigns upon the completion
<br />of the wort, much as rra- cessary to pay all laborers or material men for amounts due them for
<br />work done or materials use(. <-arnished to be used in the performance of this contract and the doing of
<br />said wort., and the county treasurer, acting as city treasurer, may retain money cold&+fed from property
<br />owners assessed for said improvement to pay such debts or until the contractor s4ows that they have bier
<br />paid or satisfied
<br />A
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