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C O N T R A C T
<br />FOR CONSTRUCTION OF PAVE'iENTO
<br />t RIS AGREETP ENT, Made anti. entered into iri the City of South Bend,
<br />St. Joseph County, State r of Indiana, by and between the City of South Bead, Indiana,
<br />by and through its Board of Public Works, party of the first part , and the W. B. Brady
<br />Construction Company, a corporation of Chicago, Illinois, party of hhe second part,
<br />VITNES.SETH: -
<br />Thats whereas,, on the 25th. day of January 19161, the Board of Public
<br />Works of said City adopted Declaratory Resolution No. 416 for the improvement of
<br />Indiana. Avenue, from Leer Street to Kemble Avenue, by grading and paving the roadway
<br />of said street and the roadway of all intersecting streets and allrys, all in accord—
<br />ance with and by virture of an Act of the General Assembly of the State of Indians
<br />entitled " An Act Concerning Municipal Corporations, approved March 6th.919051, and
<br />all amendatory and supplemental acts thereto. And, whereas, the said Board of Public
<br />'Forks hereafter designated asphaltic concrete as the kind of material with which said
<br />street was to be paved and improved; and
<br />Whereas, the said party of the second part was then lowest and best
<br />bidder for the above m ntioned work;
<br />THEREFORE, it is hereby agreed that the said party of the second
<br />part shall do a d perforimall the work in the prosecution of the above described
<br />Improvement according to the terms and conditions of said improvement Resolution No.
<br />416, and the plans, profiles and specifications on file in the office of the Beard of
<br />Public Works of the City of South Bend , , Indians., which resolution,, profiles plans and.
<br />specifications are made parts of this contract as fully and effectually as is copied
<br />herein at full length, and also do all said work in a good and workmanlike manner and
<br />under the direction and control of the Civil Engineerof said Ciy, and to the satifac—
<br />tion and acceptance of the Board of Public Works of said City.
<br />It is agreed that the party of the second part shall not assign
<br />this contract, or sublet the work or any part thereof, to be done hereunder, without -
<br />the written consent of the said party of the first part first obtained.
<br />Sadd party of the second part agrees to pay all labor or materials
<br />used in the construction of said pavement or in the performance of this contract, whethe
<br />done or furnished for the party of the second part, or its agent or any sub —contractor
<br />and said party of the first part may reserve out of any allowance made on any esti—
<br />mate in favor of the said party of the second part, or out of the amount due said party
<br />of the second part upo the completion of said work, so much as may be' necessary t io
<br />pay all laborers or material men for amounts due them for work done or materials
<br />furnished in the perfo_►miance of said contract and tie construction of said work; the
<br />City treasurer of said city may require to said party of the second part to file
<br />receipts from such laborers and materials men for amounts so due them.
<br />Said party of the second part agrees that in the prosecution of
<br />said work all proper skill a d care will be egerised; the t he will properly and
<br />fully,quard and protect all excavations, dangerous places, and will use all due
<br />and proper precaution to prevent injury to any person or property, and will save- and
<br />keep the party of the first part harmless from any and alli liability whatsoever
<br />growing out o� any. injury or damage to persons or property because of any neglect
<br />or fault of said party of the second part, its servants, agents, employees, assigns
<br />or sub —contractors, in the performance of this contract or in any matter connected with
<br />or related thereto, and to pay any judgement with costs which may be obtained against
<br />said City growing out of any such injury or damage.
<br />In consideration of the promises and agreements herein
<br />made, to be kept and performed by s:_ id party of the second part, s id party of ttie first
<br />part will cause to be paid to said party of the second part, according to the law
<br />governing such matters, the following prices and rates:—
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