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567
<br />Wednesday August 3rd., 1 `
<br />The following bonds and contracts were Approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT,
<br />This Agreement, Made and -entered into this 25th; clay of July 1921 by and,
<br />between White Constructi-on Company of the County of Milwaukee, and State of,Wiseonsin,
<br />(hereinafter referred to as the " Contractor"), and the City of South Bend, in the County
<br />of St. Joseph, and State of I diana, by and through its Board of Public Works (herein-
<br />after referred to as the " City"), under and by virtue of an Act of the General Assembly
<br />Of the State of Indiana, entitled ",An Act Concerning Whicipal Corporations, " approved.
<br />March 691905, and all amendatory and supplemental thereto:-
<br />Witnesseth, that the contractor covenants and agrees to construct pavement
<br />on Milton Street from Michigan Street -to Fellows Street, in the City of South'Bend,
<br />Indiana at and for the following prices:-
<br />80 lin.,ft. of curbing per:lin ft..............:.........,65
<br />1221' cu. yds of gradng per cu. yd....................�,,,1,10
<br />100 sq; ft. of cement -walk per sq. ft...'................. .25
<br />.16 storm water grates, each...................�........14.50
<br />470 lin'L ft. of conduit pipe, per lira ft.,.........,�,,.. 1.20
<br />15 inlets reset, each........'............................ 3,00
<br />6 manholes reset, eaeeh.................................... 3.00
<br />264 lin. ft. of marginal curb per lin ft ...... ,..... .40
<br />4283 sq. yds, of Trinidad Lake Asphaltic concrete per q._. yd3,35
<br />4TI4 y pfrfoM all work 4!3 the pCo$cet%oti sai4 improvement under and according to the terra* wt d ova.
<br />fllp ! Ofsprormomt Resoffition No. .---way. adopted by the hoard of Public Wort &Jb 17?.1921.
<br />00d fho plants Proillle itfid opetificatiams an file iat Nee office of the Department of . NW; Works, wh We safi�
<br />1FOaelN06ft, na, rule a speeificatrons :ate made. *::€art hereof• as fully and e$ectuiilly a* if e®pipd and
<br />Mgt Out her#ln at full length,
<br />Tho contractor further expressly covenant* and agrees that in the prosecution of said work ell ppppef
<br />ll endlre :►l11t be axerclsett; tht he 'I'll Proper- r-: d t
<br />p o`^r- all excavkti6ns,and dangerous Vibe®:
<br />an will dge all due and proper reca+stion to preven't iniu-y +. ry person or r r-� rat; that in the event t
<br />f� Injury or damage resul4ng"germ the wor'- or.resultma from a-v r^ltter or thin connected therewith or '
<br />fir &rafrom,`to any person or property, he w4l pay a-Lliq�:idate the s rn.e at E own expense; and as.
<br />the liability therefor; and in the event -of any claim or clairgs being made or any action or actions being
<br />f'lt,J'ht affaln@t the tity.by reason or on account of or growing dut of-'sz.id work or its construction, the sai
<br />l:hetols will at his Own expense defend -the same, and will pay.any judgment recovered ther.ia, and Will in
<br />11Pe®pea) s fully indemnify and.* harmless said city, its officers, agents or representatives from all cost
<br />ilhilni lea lint or judgment recovered in connection with such claim or claims, action or acti ns, yAnd. i
<br />hlh.al#'fliys after arty such action is begun, the city shall notify the contractor of the pendency thereof,
<br />Ih*A aR� 1wWaAeat revitlettd olainat the city, shall be conclusive against the contractor and against the°surety
<br />f - stiletto-1 iiW1, ue tu_th_ "rtount. liability and other matters pertaining thereto.
<br />F:nd`the contractor agrees to n:aiztain. said lira roaer..ci;
<br />p t u.1 .zta1:8 such repairs as may be necessary €o,
<br />the period and in the manner as fixed by the S-R-cifications, and to secure d1c luaintenance and repair thereof
<br />to, file with the Board of Public Works a bond with sufficient surety thereon and in an am -aunt ae fixed by the
<br />specifications. And in doing such repair wortc the contractor and the surety on his guarantee bond shall be
<br />subject to the sai_ie liability to the city and any other -person for arty injury or damage to any pars: a or prop-
<br />erty in the same manner -and to the same extent as is fixed in the last preeeding paragraph severing the a®u-
<br />struction work.
<br />Aud it is further agreed by and between said r :.rt' :s that the acceptance of the work provided for ,in this \
<br />contract, or the- payment thereof, shall rot constitute a waiver o-t the pest of the city of any`of the provis-
<br />ions of this con4act, nor shall it ralea,;e said cc.-itractor 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 conti-aetor to the contract price therefor.
<br />The contractor agrees �: pay for all lab - and nizterials used or furnished to be used in. the malting of
<br />such irnproveme1it - I in the performance of this contract, whether done or furnished fdr:hitn,;or his went,
<br />assignee, success subcontractor; and the city may reserve out of any allowance made an any eat;mate
<br />in favor of the cc..:.actor or h assigns, or out of the amount due him or his assigns upon ;the,complatjon
<br />of the work, so much as ma) : cessary to pay -ail laborers or material men for amounts due the lets
<br />work done or materials used or :urnished to bey used in the performance cif this contract.a.nd th€;d�tstg J.
<br />said work, .and the ::ountystreasurer, &ctir4 ss-°city treasurer., r:tag retain money eollp.ted from property
<br />owners assesseci for said tmprovcment o. pltX,4uth delfts or until the contractor sows that they Have been
<br />jiald Qf satlSfled T
<br />j he cont-a—yr agreesto remo- ; all rab'f4ish. earn,,. and unused material in the streets or awes t .-.i Upon the compktico,4 -,the, Wt repairing thereof,
<br />Th@ work of ma i
<br />1i` fiilh.low.c(Avetnent -shall. be. eor mleted according to the terms of this contract on ey
<br />Wore the.:--_---- -__-- ....... .... .....................day of............
<br />unNig the titni for 'the a®t plc l'on ®f the sae �e shall be +er< .....�..._._._:..• - . ,
<br />And 1$ i@ a reed the 'an such �c fAn9 or any al alteration of this con h act or of the manner
<br />1Works,
<br />-
<br />. , , , , . , , , 4d in writi., b the Board of
<br />i� �` - =° "idti ®f't��nA, y nisei• or meth-
<br />od of d®tflg such v`®rl€'sitalF m'-WaYcffect't'he ditties; dbligations or liabilities of the contractor or his sure.
<br />ties:
<br />It f® agree that the,contraetor:shall not assign this v:V -ract, or sub -let the work or'any part thereof to ✓'
<br />be done herettgder, withokt thp.v�rjq n.eou�e,r;t of the-la,,ard� of•Pttbiic Works.
<br />It is further a r@6,d,Rs€ pt}l t d ltl J y-)4 contractor shall give to residents of said city and county
<br />preference in the etnpl®ytnW of all labor necessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sutra of ten dollars for each failure to observe this stipulation.
<br />And upon the per®rant@ of all the terms and conditions of this contract, and things to be done and
<br />1�rforh3td by said contraetor the said city agrees to cause the cost of doing such work to be .assessed, col-
<br />ected M34 Maid to said contractor in the manner fixed by the statute governing the making of such improve -
<br />TO r ~�e�1B� , g g g p ove-
<br />TO @&Qh of the u®ndidons and stipulations of this contract, including all and singular the provisions awl
<br />to'nil of the '1wrprpfilE, apwfica, sorts and resolution aforesaid 'the undersigned binds himself or itsPiP
<br />auk fire .l aspael<ive sac€a*sor or ass" M3 of such littrtice,.
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