508
<br />Partial estimate allowed Staples & Ackerman Contractors for
<br />sewer in Oakland Street from St. Joseph River to Mishawaka Avenue under Improve —
<br />Resolution No. 947.. for the amount of.........$3,827.85
<br />The following bmd and contracts were approved.
<br />PUBLIC IMRROVEMENT CONTRACT.
<br />This Agremene, t Made and entered . into this 17th. day of October
<br />1922 by and between L. H. Webster of the County of St. Joseph and State of
<br />Indiana (hereinafter referred to as the " Contractor"), and the City of South Bend
<br />in the County of St. Joseph and State of Indiana, by and through its Board of
<br />Public Works, (hereinafter referred to as the " City"00 under and by virtue of an
<br />Act of the General Assembly of the Sttate of Indiana, entitlted " An Act Concerning
<br />Municipal Corporrations, " approved March 6,1905, and all 'amendatory and suppleinent!
<br />tal acts thereto:
<br />Wtinesseth, that, the eontraeter covenants and agrees to construct
<br />pipe sewer on First Alley West of.Scott Street from Colfax Avenue to Lai Salle Ave.
<br />in the City of Sauth Bend, Indiana at and for,he following prices:-
<br />i
<br />20 lin. ft. of 10 d.r litl ft
<br />64 lin. ft. of 6" conduit pipe per lin.ft...... .90
<br />8.5 lin. ft. of manholes per lin ft....:..,..... 7.50 �
<br />.1 maenhole curb and cover each.0.0,.0.0,00000.00.20.00
<br />and.tQ perform all work in the pro$ecuti2itl of said isrig ovemefit flAw l'r WA hto tie terms and con.,
<br />iftietts of Improvement Resolution No........ _, adopted by tl a Board of Public Work 922
<br />and the platys, profile and specifications on fi e in e office of the Department of Public Works, w&ch sat
<br />resolution} plans,.profile and specifications are made a pawhereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />The contractor further expressly, covenants and agrees that in the prosecution,'. of aatd .work all proper
<br />slclll and care will be. exercised; the t he ? ;,1 properly -u3*r a=, d F-o*^et al excavations and dangerous places,
<br />and will use all due and proper preca+ition to prevent inj+tiry try ::ry person or pr o*i?rty; that` in the -event Q
<br />any injury or damage resulting from, the vJork or resulting from ^-y r--ftter or thing conr_ected therewi+h or
<br />arising therefrom, to any person or property, he -%-411 pay and liquidate the sane at his oven expense, and as-
<br />sume the liability therefor;.and in the event of any claim or Claims being, shade or any action or actions being
<br />brought against the,city by reason or on account of or growing, out o s?.id work or` its conn,s�truction, the said
<br />contractor will at his own expense defend" the same, and will pay any, judgment .recovered therein,_ and will in
<br />all respects fully indemnify and save harmless said city; its officers, agents .or .representative9 from all cost
<br />pease, pa eat" or judgment recovered in connection with such claim or claims, action or iLctions. And :1
<br />within ;en days after any such action is begun, the city -shall notify, -the contractor of the pendency thereof,
<br />tlisn anj► judgtnea# Rendered against the city shalt be conclusive against the contractor anA against the surety
<br />on hie ConsttuCtion bond, as to #ham amount, $ability and othef matters pertaining thereto.
<br />And"the contractor agrees to maintain -said improvement and r7ake such repairs as may be necessary fay
<br />the period and in the manner as fixed by the specificationp, and to secure the maintenance and repair thereof
<br />to file with the Board of Public Works a bond -with- sufficient surety thereon and in:an amount as fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any other person, for any injury, or damage to any person or prop-'
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />And it is further agreed by and. between said parties that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it r lease said contractor 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 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 performance of this contract,'whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; ai;d the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or 1--= assigns, or out of the amount due hini or his assigns upon the completion
<br />of the work, so much as ma3 cessary to payall laborers or niateriat men for amounts due them for .
<br />work done or materials used or :urnished to be used is the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, may retain money collected from property
<br />owners assessed for Maid improvemmd ,to pay ,suuch debts or until the contractor shows that they have been
<br />paid pr satisfy
<br />_e co..t a c- dances to reirto all rubbish, earth, and unused material in the streets or Sides therw"
<br />Upon the completion of the improvement or the repairing thereof.
<br />The work of snaking s+tch improvement shall .be completed according to the terms of this contract on car
<br />baforethe... ...... ... .... .. ..._._._..:---- ----- clay of--------- ----------- ------- __.__------- -- ----- 19...,
<br />ttnlees the time for the completion of the say -e shall be extended in writi-,g by the Board of Public Works.
<br />And it is agreed that any such emcw1ion of time, or any alteration of this contract or of the manner or meth-
<br />od of doing ouch work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />ties,
<br />It to agreed that the contractor shall not assign this,* ract, or sub -let the work or any part thereof to
<br />be done hereunder, withoi,t the written cons:-nt of the board of Public Works.
<br />It is further agreed and stipulated that t'-4-t contractor shall give to residents of said city and coonty
<br />preference in the employment of all labor necessary in the performance of this contract, and failing to do p),
<br />-shall forfeit to the city the sum of ten dollars for each failure to observe this -stipulation.
<br />And upon the. performance of all the terms and conditions of this contract, and things to be done and
<br />° erfuriiied by said contractor the said city agrees -to cause the cost of doing such work to be assessed, col-
<br />lected Paid paid to said contractor in the manner fixed by the statute governing the making of such improve -
<br />To arch of the Conditions and stipulations of this eonfraet, including all and singular the. provisions and
<br />tetin s ®# the planes profile, speeifioations and resolution aforesaid, the undersigned binds himself or itself
<br />anti they, rt-pective .,successor or assigns - of such parties.
<br />Its Testimony Whereof, We, the foregoing named parties, hereunTo -
<br />set our hands this 1 th. day of October 1922.
<br />CITY OF SOUTH BEND, INDIANA. L. H. WEBSTER Contractor.
<br />ER TgFH NER
<br />Its toard of Public Works.
<br />
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