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Tuesdav Au' ust loth. 1 20>: .0ont inu.ed. r
<br />The following contract and, bondapproved.
<br />PBRLIC IMPROVEMENT. CONTRNCT,
<br />This Agrement, Made, and entered into this 6t.'_. day,.of August 1920 by and
<br />between Williston Construction Company of the County of St. 'Joseph, and State of`•
<br />Indiana ( hereinafter referred tcas the " Contractor"), and the City. of South Be>Ad,
<br />itl the County of St. Joseph, ,and State of Indian, by and through its hoard of ,Public
<br />woris, (hereinafter referred to as the City"), ;under and by v irtx�e of an Act of the
<br />General Assembly of the State of Indiana, eneitlted" An Act Concerning Municipal
<br />Corporations, " approved March 6;1905*" and ' all amendatory aid suPPlementa'� sets them,
<br />to:
<br />Witnesseth, that the contractor covenants and agrees to construct asphalt:b
<br />concrete pavement on Beale Street from Portage Avenue to Kessler Blvd, in the City of
<br />South Bend, Indiana at and for the following prices:
<br />429 cu. yds. of grading per cu. yd....... ..... ,.. ,... 1.25
<br />4 inlets reset, each ............. ...........,.•...... 5.00-
<br />2 manholes reset, each....,....,...... .. 5.00
<br />71 l in. ft of marginal curb per 1 in f t.... • . ....'..... •. 50
<br />1708 sq. yds . of. Mex ican 'As ohalt io concrete pavement
<br />per sq. yd.. .......... 3.84
<br />1708 sq'. yds . of Trinidad Lake Natural Asphaltic concrete
<br />per sq• yd............................. 3.92
<br />(Record of July 20th. ,1920.
<br />( Contractor asks permission to lise Trinidad Natural
<br />Lake Asphalt instead of Mexican Asphalt and permission
<br />granted by .the Board this 20th. day of July 1920.;
<br />end to perform all work in the prosecution of= said,impeovernAt under and accorditW to the terins iad con.
<br />ditions of Improvement,Raesolution No. �_��4_ �_..,, ad 5ted by,the Board of Public Works..Uay_4,, ? .0.
<br />and the plans, profile and specifications on file in the office of the .Department of Public Works, wbieh. sal -
<br />resolution, plans, profile and specifications, are made a 'part hereof as fully and effectually as if copied and
<br />set out herein at full length. .
<br />Th-e contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care tivill be exercis-_�*i,•• that he -v;ll pron-r' : a 3 F a`^r* all excavations and dangerous places,
<br />and will use all due and proper precaution to pr!�vn -t to :.ev person or p -o^erty; that in the event.bf
<br />and► injury or damage resulting from the wnr _ or res-�I-- - from a-;v r' -ttter or thing connected thereivitl or
<br />arising therefrom, to any person or property, he v�-;11 rav ar^ lie.�idate the s�..me at his own, expense, and as-
<br />sume the liability therefor; and in the event of anyclaim or claims being'mane or any°'action or actions being
<br />brought against the city by reason or on account of or growing out of s�.id viror'� or its construction, t'h�- s^'d
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and wl*'l i i
<br />all respects fully indemnify and save harmless said city, its officers, -agents or representatives from all cost,
<br />expensd, payment or judgment recovered in connection with such claim or claims, action or actions. < An i f
<br />within ten days after any such action is begun, the city shall notify the contractor of tie ven,�r.cv they
<br />thr-a any judgment rcnftered against the city shalt be eonclrsive against the contractor and against the sti ic
<br />oil hi3 construction bond, as to tb ' amoot it, F?.bility and other n-zatt:ers perta.inirg th reto.
<br />0 And the contractor agrees to maintain said improvement aru inaf:e such repairs as may be necessary Lc
<br />the period and in the manner as fined by the specifications, and to secure the maintenance and repair thei eoi
<br />to file with the Board of Public Works a bond with sufficient. Surety -thereon and in an amount as fixed by ;;he
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the sal ie liability to the city and any other person for a.ny injury or damage, to any person or pru�- °
<br />erty in the same manner and to the same extent as is fixed it the last preceding paragraph covering the con.,
<br />struction work.
<br />And it is further agreed by and between said part=;s that the acceptance of the work provided for in this
<br />contract; or the payment thereof, shalt not constitute a waiver on thq part of the city of any of the pruvis
<br />ions of this contract, nor shalLit release said contractor or the sureties oil his bond for thefaithful petfoim-
<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 pei formance 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 estirctsi.te
<br />in favor of the contractor or 1— assigns, or out of the an,uunt due him or his assigns upoli the cowpletion%
<br />of the work, so much as ma; Lcessary to pay all laborers or material . men for sr-,iounts due then'i for
<br />work done or materials used or furnished to be used in the performance of this eontr ct and the doing of
<br />said work, and the county treasurer, acting as city treasurer, way retfin money _toll_ ted frog pi,op6rty
<br />owners assessed for said -improvement to pay sitcn debts or llitrll the eo_�. ,4xtor r1lows 014. they havo b,-.
<br />paid or sr+asfieci
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