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<br />.o......--------------------- ---------- ----------------- ---------------
<br />made and entered into the ... 23-r.d. _..___ cat mar.ah 1'92�• � 1
<br />with the City of South f' nc',
<br />according to the true intent ., r3 0 o to la; vuitf, €�tlt�t° r G�
<br />to .be and remain in i lil ;orce , .c? �. Z i : : _'_ = 3 C", + r s'.:;.;1 �;r.te;teil the thni for ttfs
<br />completion of sa;ci. work, sF7zC V, 1. % �....5 t�2f zi.s.' i t,.,i oil. Odfi b071d:gg
<br />This shall be cc7 7 r c ''
<br />:C,:� : , ._..: 1 - S - .z C)'} .ti'.r. 4 ,f.". ob ...'3 7'.irA h(; h(Ild. ` !3= ,otii7h1� for the
<br />maintenance and of ':�; �,.�•c,��cl t,3r�t, 1),,t
<br />.� .e3 l`, a h 31,1retie t;
<br />shall be held rc5(Q:...,Y%�t for f_,..``"'at c0:;
<br />t covered by t)r set in t?,e � -t
<br />WITNtSS o:sr han;ls and seals this_ { ..._---23.rda..__..._day of._.w................. --.h.d. 69 _2A...... 19,a.....
<br />R
<br />Co> rRM r _0E-- plgs_ & Ackerman ..�.....;�-AL).
<br />-�av�--�-�------ �- � 1 e a
<br />es b i W s �a�-�- ��� A�-�s.�.��r-_���gf�..��,_-���...�.:......t��
<br />The above bond ap; rove i this<..___....=2_.......__.d�_� rf..... ..Resident, Assi 4pnt Secretary
<br />..�,L.., B. `'e,AIIGHTER7 March .19`3 �..., ..
<br />,.,....:aJ,.«...P....�.H
<br />Board of Public Wort
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into this 23rd. day of March
<br />1923 by and between Staples and Ackerman of the County of St. Joseph and
<br />State of Indiana (hereinafter referred to as the " Contractor"), and the City
<br />of South Bend, in the County of St. Joseph, and State of Indiana, by and through
<br />its Board of Public Wo ks, (hereinafter referred to as the " City"0, under and
<br />by virtue of an Act of the General Assembly of the State of Didi€ana, entitled
<br />" An Act, Concerning Municipal Corporations," approved .March 6,1905, and all
<br />amendatory and supplemental acts thereto:-
<br />Witnesseth, that the conractor convenais and agrees to con-
<br />struct pipe sewer on Fairview Avenue from Michigan Street to Fellows Street, in
<br />the City of South Bend, Indiana at a nd for the follwwgng prices:-,
<br />516 li .
<br />ft. of 15" pipe per
<br />lin ft.
<br />$2.50
<br />906 lin.
<br />ft. of 12" pipe per
<br />lin ft.
<br />2.20
<br />280 lin.
<br />feet of 8" pipe per
<br />lin ft.
<br />.80
<br />840 lin.
<br />feet of 6" pipe per
<br />lin ft,
<br />1.00
<br />69 lin:
<br />feet of manholes.per ft.
<br />8.00
<br />14 storm
<br />water grates, each
<br />11.00
<br />6 ma;�.holes
<br />curbs and covers,
<br />each
<br />15.00
<br />itud to perfortu all work in the prosecution of said improvement under and according to the terms and can
<br />ditionr of Improvement Resolution No. 10Z8 _. adopted by the Board of Public Works. Nov. 7-6h • 1 }23.`
<br />nod the plants, profile and specifications on file in the office of the Department of Public Works, which said
<br />resolution, plans, rofile and specifications are made a part hereof 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 said work all proper
<br />4ill aatid care ,„ill,be exercised; th,t he --7='1 proper'_-� - �-: d F- o`^ct a1_l excavations and dangerous places,
<br />and will use a.it due and proper precaution to pr -2 t injury *o ry person cr F-��,r4�r; that in the event Qf
<br />4tl,) injury or datma.ge resulting from the yr _ or r?sult, -- from n- v *^ t*er or thing connected therewitTt or
<br />arising therefrom, to any pers^n or property, hP --:11 r�.y art. lie ;date the sajne at his own gxpense, and as-
<br />suttte the liability therefor; and in the event 4 any claim or claiins being made or any action or actions being
<br />breo,ght against the city by reason or on account of or grOTjrlrig out of s. id work or its construction, the said
<br />contractor will iat'his own expense defend the same, and vrill pay'any judgment recovered therein, and will in
<br />R11 respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims; action or actions. And if
<br />within ten days after any such action is begun, the city shall notify the contractor -of the pendency thereof,
<br />t'htn any judgment rendered against the city shall be conelt±sive against the contractor and against the surety
<br />on hiu construction bond, as to tb- amount, liability and other matters pertaining thereto.
<br />1'.I'u the cw—rac-,wr a.gi-ces -i0 LL'
<br />the period and in the niaiint2r as fixed by t :e sr) c?. ,Ca iot ,;; 2!ld to ;,ccare the 1 ia.ntcaaace and repair ther-3i
<br />to file with t`ie Board of Public a surety thereon and in an amount as fixed by .;hc
<br />specifications. And in doingsuch r-f ail- i -orle the co acro;z <i .tr,e surety on his guarantee Bond shall �e
<br />subject to the sai:,e liability to t' L city and, any othc 1 .; ,� for ntiv injury or damage to any persL,n or prop
<br />warty in the same manner and to the sanne e-=tent as is fixod iu the last preceding paragraph covering the con-
<br />struction wprk. ,
<br />A,_d it is further agreed by and betwccti said i rt ^s t'r,'t'1 the acceptance of th6 wo*lc Of
<br />for in this
<br />Contract,or the payment th•=reof, shall not c tug sz , -vvf, on the part of th* cite of airy of the provis-
<br />icr,_u• of this contract, nor shall it rclea e said ccr , ., ;: nr. the swtetie, oo his board for the faithful perform-
<br />ance thereof; nor shall the acceptance be priMa f i; of tl«, perfor•nia nee of any provision of this
<br />contract, except to the extent of entitli^g the ecru os' to the contract price therefor.
<br />The contractor agrees to pay for all labor and rat,;-jals used or furpislied to be used in the tnaking 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; and the city.may reserve out of any allowance #nude on any estimate
<br />in favor of the contractor or 1,° assigns, or out of the aniouttt due him or his assigns ttpr� the completion
<br />of the work, so much as mad cessary to pay all laborers car via,teriai web for ,irioun_ts due them for
<br />work done or materials used or xurnished to be used in the perforruarce of this contract and the doing of
<br />said work, and the county trea,urer, acting as city trvasttrer, tna, eretain tone; y 0ollt,,ted from property
<br />owners assessed for said �tpreyee tint tensa - t-'rt-�t^-.r s— -;'tend ItL ontractor i!Acn rs that they ho'1i0 b: gin
<br />pard.. or, sa.tls£ipd
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