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Water connection on Miner Street`$ contract awarded to , Wm. H.
<br />� ne!=`ft....... .......$ 113.23
<br />Cnntract for, pipe sewer .on Ewing Avenue from St. Josepj
<br />Street to Fellows'Street a,warded.to Joseph Luthers at_$7,302,75, George Pontarelli
<br />bid notcons'wideretd on account of .being inregular.
<br />The following bonds and contracts were approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into this 26th. day of August,1920
<br />by and between Williston Construction Company of the County of St. Joseph and State of
<br />Indiana (hereinafter referred to as the " C©r ,r�ctor"), 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 Geberal
<br />Assembly of the State -of -Indiana, entitled " An Act Concerning Municipal Corporations,
<br />€,proved March 6,1905, and all amendatory and supplemental acts thereto:-'
<br />Witnesseth, that'the contractor covenants and agrees to construct
<br />pvement on Diamond Avenue from Lincoln Way West to North 1 ine of Cush ing' s Add it ion,
<br />in the City of South Bend, Ind ianat and for the following prices: -
<br />812 qu. yds . of grading p ,r cu.. yd....................... $ 1.25
<br />12:`inlets, reset each...... ............................. 5.00
<br />4 manholes reset, each .................•................. 5.00
<br />40 lin. feet of curbing per lin ft...................... .50
<br />3044 sq. yds . of Trinidad Asphaltic concrete pavement
<br />per sq. yd.................. 3:92
<br />3044 s_q--y-d.s_- of Mexican Asphaltic concr3te pavement
<br />per sq. yd.................. 3.84
<br />and to, perform all work in 1he prosecution o ,•skid unpr*verrietit'iander .rid scoardl�p'-to the terms +spa! n-
<br />ditions of Improvement Resolution No. —9� � ���h� >t3oard of Public W rks..s_�!t...,9xei..i`�20.
<br />ar"I. the plans, profile at►d specifications o�-Oft of the Department of Public Works, which. sand
<br />resolution, plans, profile and specifications are made a part hereof as fully and effectually as 11 copied w)d
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees that in the proseeufon of said work all proper
<br />skill and care will be exercised; that he '.11 propeT'v '- seal F° �`�: `. all excavations ariA dangerous plac-!4,
<br />and will use all due and proper precaution to prr2v nt ++-j«.ry. " ^ry person or pr 2-1-Y, }' in event 'ji
<br />any injury or damage resulting from the -,„•.r`_ or re.•ilt ^; from n--y rzatter or thins ,nr. c''-d thereivi4i or
<br />arising therefrom, to any pers^n or property, hA 1--�11 ray a^^ lic-.iidate the sire at his own e:tpeense, and as-
<br />sume the liability therefor; and in the event of any ciairi or clp.ims bQ+.ng made or any action or actions being
<br />brought against the city by reason or on a.cco-aat of or groiving out of s~id work or its construction, the sail
<br />contractor will at his own expense defer_d the same, and toil pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims,, action or actions. And if
<br />within ten days after any such actio,.i is begun, the city shall notify the contractor of the pendency thereof;
<br />then any judgment rendered against the city, shall be conclusive against the contractor anda.gainst the surety
<br />©-a-hin ton-struction bond, as to tl• +mount, liability and other rizatters:.pertainiag thereto.
<br />Afid tkw, s® rc veto aa;r"_5 to, xuoz ta;in said 4 6 ; a e such repairs as ,may be necessary
<br />end- hi the manner as fined by the. sw°cahcationt, *.IA to teQt m vatc.@ �pd repair thereof.
<br />to AU varftlg the Board of Public Works a bond with su8ecirait sttrtty t!iOit�ti &yk4 is #.h tl t�bt l fixed by the
<br />epexifieations, Arid in doing such repair work the contractor and;the, 4ul*ty on hig po.)spfr44 and Ahall be
<br />&Odjept to the same liability to the city and any other per-sonIo�r t�ti `utjttt elf da .tttatK� 1 �1 k ,n �i Prop-
<br />erty in the same manner .and to the same extent as is.ficced in the Kist prtctdhig pafakjr�ph 0%Wrf thq P4iu-
<br />structlon work.
<br />And it is further agreed by and between said parties that the seetpthtiee of the work fovitled fay. in this
<br />t-ontr#ct, or the payment thereof, shall not constitute a waiver,®ii the part of the elly or it" Ai lll.�
<br />4tw s of this contract, nor shall it release said contractor or the auretlea ou ilia holid fo> ii�e f 4iftAl
<br />niece thereof;.nor shall the acceptance be prima facie e-�ridence of the parlprrfia tut of Kilt' fovigldh of this
<br />Contract, except to the extent of entitling the contractor to the contmet price thherefort
<br />The contractor agrees to pay for all labor and materials used or furnished to he used In the IM61llg of
<br />such Improvement and in the performance of this contract, whether done or funilshed for him, cr hill alfefil,
<br />assignee, successor or subcontractor; and the city may reserve out of city allowai:ce glade un my estfiHM 4
<br />In favor of the contractor or 1^:s,assigns, or out of the anivuut due him or his scalds uplift the eaf Pletiptl
<br />of the work, so much as mai I-cessary to pay all laborers at inaterim then for Killatinto due them 10r
<br />work dons or materials used or :urnished to be used in the parform.,,mes of this eonty et find the d@ft# of
<br />said work, and the county treasurer, acting as city trepsiirer, may> etttlli' 'f�loiiE y edllt:`-ted from j foyerf;
<br />e)'� tiers assessed for Said irnprovetaeut to pay saich deists or witil the cir stxrtctr�r PFavrs thgt Mien five li(=r�
<br />l-di ov aiktisfied
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