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30,
<br />Tue
<br />it Drd., 1923. Continued.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />19�3 by and between Gerald GeRlicu dy of t,heaCo County of Porter and State of
<br />-India
<br />Indiana (hereinafter referred to as the ",Contractor"), and the City of South i#end
<br />in the County of St, Joseph and State of Indiana, by and through its Board of Pub&
<br />Works (hereinafter referred to as the " City"), under and by virtue of an Act of
<br />the General Assembly of the State of Indiana, entitled " An Act Concerning
<br />Municipal Corporations, " approved March 6,1905, and all amendatory and supplement
<br />tal acts thereto:w
<br />Witnesseth that the contractor covenants and agrees to construct
<br />pipe sewer on Brookfield Street from Fassnacht Avenue to Lincoln Way West,, in the
<br />City of South Bend, Indiana at' and for the following prices:-
<br />625.lin. ft of 18" pipe per lin ft.............$4#20
<br />340 lin. ft. of 15" pipe per Sin ft............. 3.50
<br />280 lin.,ft. of 12" pipe per lily ft............. 2.75
<br />215 lin. ft. of 10" pipe per lin ft.............. 2.40
<br />313 lin. ft. of 8" pipe per lin ft............. .80
<br />900 lip, ft. of 6".-conduit pipe Per tin ft...... 1.20
<br />59.5 lin. ft. of manholes per lin ft............. 8.00
<br />13 storm water grates',. egeh............. ........10.GO
<br />5 manholes, curbs and covers, each................18.00
<br />:►uct to perform all worn in the prosecution cd 4Wd nnprovement under and according to the-tersns ate Mn�
<br />ditions of Improement Rewdiltion V0. __UM14 .---•., ��ted by the Board of Pu61tc 17f, Wit. .mot, " • �92
<br />v
<br />and the liana, profile and Mica+ions. on file `in tide office of the Depa. tment of IrdMic work -wo;b #c sald.
<br />resolution, platis, profile and specfications are ma3e a part 'hereof as fully .and $ertua =t gie$-dud
<br />set out herein at full length. t
<br />i
<br />The contractor further emWew*ty covenants and agrees, tbat in the prosecution f saw wow alj jsropex
<br />skill and care -H11 be exercised; -that he -"'i �'n�P =s excavations and daugerous,$iacm
<br />e r4caation t� pre r in,+,.ry +o ;.ry person or F-c ttv; ghat in the ev0.
<br />and will use all due and proper p , 1*-- fr^n,. n'�.v r^ �,tter or thing conrnmeed�herewiffi or
<br />any injury or damage resulting from the w-)r - or re.. �. � � .
<br />arising therefrom, to any person or property, he r 11 rav ar i 1+c"idate the same 2t his Clwll expense, and as-
<br />sume the liability therefor; and in the event of any c. airy or eiaims bung made or any action or actions being
<br />brought against the city by reason or on account of or growing out of s-.id work or }ts construction, the Said
<br />contractor wi# st his own expense defend the same; and will pay any judgment recovered therein, and will in
<br />gh 'respects; 4tffiy indemrA* sad -sage harmless said city, its officers, agents or representatives from all co$t,
<br />qr �em-sec overed in connection with such claim or claims, action tar actions. And if
<br />wid2in *an ys suer any such action is begun, the city shall notifi the contractor of the pendency thereof,
<br />Aben stiyindgmLmt rendered against the city shall be conclusive against the contractor and 4gaiust # Silr W
<br />wltis c truc#ionre . as-U tb� amount, liability and other matterspertaining thereto.
<br />And the contractor agrees to asaiataitiAft, E AmpmVemeut: and A2vke- tw% ka u vaq Lit uteftsaq:
<br />tt �e�'sod and w e manner as Ended by the a i jean s, and 'to a ft A* w6th .itft iad
<br />#o ik with the Board of Public. Works a &onAwith augide tt alaftV thtytoa bind ift "1krab ht 1%
<br />sptcifications. And in doing such repair work the contractor and tht amity tm hie to
<br />subject to. the same -liability to the city and any other crson for at fi>jurrar.cf dsiitiga to tq petot'h
<br />trtf in -the same manner and to the same extent as is fixed in' the ltiat prteedirig pttiefto ftwiflift
<br />struct;on work.
<br />And it is further agreed by and between said partSes that the acieptatiee of the wath tu'd1 Au
<br />Contract, or the payment thereof, shall not constitute a waiver an the part of tide trity, o g t It-,F&4
<br />d
<br />Ions Of this contract nor shall it re#eaae said contractor or the sureties uii ling kdtid toots e � hf�Jante thereof; nor shall the acceptance be prima facie evidence of the pettorttaisnee of "1� h6h
<br />contract, except to the extent of entitling t o contractor to the contract oriea thoifi%
<br />The contractor. agrees to pay for all labor and cnaterlals used or furtidied: tti he 'Ill
<br />such improvement and in. the _perfd�tnance of this contract, whether dct a or tuttt#khad 14
<br />assignee, successor or subcontractor; and the city may reserve ctit of fitly ltliti*itiea fiii�u'
<br />In favor -o# the contractor or,,J�,s assigns, or out of the usut+tsnf duct Ii4 6r big otssits low
<br />of the warlc,� so much as may, nces�sary to pay all, laborers or material inch Jor ilirtdut#� -
<br />rvark Acids or materiab used or furnished to be used is the perfprmaEtie s of: this ftotrat " Aa
<br />Said -work, and the county treasurer, acting as city treaourer, mitt to a, inot%Y 40fie:tri
<br />Owners assessed be said improvement to pay such debts -or -tnit! a nits f �rf #hsf `G.
<br />P_+dd or satisfied
<br />The cont-a--or ag:e-,z to remo- all rubbish, eRrth. and unused materfel in the Street# A# iidaf.
<br />upon the completion o€ the improvement or .the repairing thereof,
<br />The work of making such
<br />4w-fore the..------- . -• provement shall be onto ltted according to tine tertit# of this
<br />cottarR
<br />unfen the time for the completion of the sane shall y +.. ..
<br />And it is agreed that a be ex.snded in writing by the P®ard of Puh1►c®r
<br />g any such e�ctenaion of tire, or any alteration of this ertitract or of the manner or meth,.
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure•
<br />ties.
<br />ft is agreed that the contractor shall not psstgn < this.
<br />beAone hereunder, withotit the writ':en co n - �' "r • or _stzh-let the work or any part thereof to
<br />t of the board -of. P::hlic Works,
<br />pIt is further agreed and stipula+Qd tlt!�t t; contractor shall give to residents of said C and county
<br />reference in the employm(ant of all labor nec�ssar in the
<br />~ shall forfeit to the city the sum of ten dollars for each failure to obseC t�sgs�ulation. falling to do so,
<br />And upon the performance of all the terms and conditions of this contract, and things to he done and
<br />-perforired by said contractor the said city agrees to: cause the cast of doing such work to be assessed, col-
<br />hcted $ id to said contractor in the manner e&by the statute governing, the snaking of such improve-
<br />. sweats,
<br />To each of tho conditions and 96tfons O alas
<br />kerrns 61the 'lane profile, e act, including all and -singular the provfsions and
<br />F P , Sp ciiiCattons and tesolutiosx-aforesaid t undfyx#igned hinds Himself or itself.
<br />sunVOOPMiva successor or assi ;s s of duel isarties,
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