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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 />