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593
<br />Mi-m c, A a v Ails. v 1 Pt h__ 1 cp a_ C ont inued
<br />PUBLIC IMPROVEMENT CONTRACT,
<br />THT A A-REEMENT=, Made and entered into this 12th. day of May 1920.
<br />byn and between b...- H. Webster .of the County of St. Joseph and State of Indiana
<br />(here inafter referred to as the " C ontraator"),, and the C ity of South Bend, in the
<br />County of St. Joseph and State of Indiana, by and through itd Board of Public, Works
<br />(hereinafter refarred to as the City"), und.-ar and by virtue of an Act of the general
<br />Assembly of .the State of Indiana, entitled " An Acts Concerning municipal Norporat ions,
<br />9, ppr oved March 6,1905, and all amends otyr and s u.pplementa l acts thereto: -
<br />W itnesseht, that the contractor covenants and agrees to construct sewer
<br />in and along Division Street from Meade Street to Chiougo Street, in the City of
<br />S outh Bend, Ind Iana at and for the f ollow inZ pr ices
<br />1165 tin: feet of 24 inch pipe sever, Per' lin ft............$13.00
<br />1312 11.A.. faet of .20- inch pipe sewer, per lin ft............ 9.00
<br />1000 lin. feet of 18 inch pipe sewer, -.per lin ft............ 7.50
<br />1000. lin. feet of 15 inch pipe sewer, per lin ft............ 7.00
<br />1444 lin,_fee.t_9f__8_J=h pipe.. sewer, per lin ft...... , ..... 1.00
<br />2528 1 in . feet of 6 inch TAVoonduit pipe, per lin f t ...... 1.50
<br />146 tin. feet .of manholes, per tin ft.... ................. 15.00
<br />54 stsbrm water grates, each ................................ 15.00
<br />16 mtnholes , curbs and c overs., each ...... . ................ 30.00
<br />and to perform all work in the prosecution of said improvement under and according to the terms aria o�._
<br />ditions of Improvement RPsobition No...74.o............... adopted by the Board of Public Works.... „1, Cc ,., ,1920.
<br />and the plans, profile and specifications on file the office of the. Depa-tment of Public Works, which said
<br />resolution, plans, profil> and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full lcng*':1,
<br />'he -contractor further exares-.ly covenants and agrees that in the prosecution of said work all prober
<br />skill ar;d care vWl be exercis.71; th.t he 7-'11 r70n•17' all excavations and dangerous places,
<br />and 7701 use all due and prcne3v r prccalit,oil to pr:fit lnjUnrr"1 C.ry person or lire^erty; that i., the event- rrf.
<br />any injury or damage resulting from th--t w-)r': or res*ultj^� from a-y .ratter or thing connected thereivith or
<br />arising therefrom, to any pers^n or proper`y, he :- 11 nay ar-! 1ic,�,idate the same at his own expense, and as-
<br />sume the liability therefor; and in the event of any claim or claims being made or any action or actions beina
<br />brought against the city by reason or on account of or grozvirig out of sn'd wor?; or its construction, the sa,'d
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />all respects frilly 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 'f
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency ther--f,
<br />then any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on hie construction bond, as to tl?)� amotint, liability and other matters pertaining thereto..
<br />Ark$ Am, ewdr*~WA" 1@ xak=�w mid remtut and -ti nw`� }
<br />Ra
<br />#4 ~OffJs the
<br />e s-fi�N=� a vA to a n r >�t aft a try �4�
<br />f41 4 Ff"t W"ks a boadi i.Ah s tl =mq *ems 441A 4%.1% as Oftftht a A. the
<br />&V A§, .04 In 99 > r it wot* the ormtrac kl i wtd aattty ®tt W& RkAftatO b �1 ohi I ut
<br />9&1:�6 )j#Nfi#1#fy to the city mat any other persoa fur wty tajarr tar Matt. tfl• a1 00.rf-:A M, t"pe.
<br />f®f Sam Merit as is fixed is 'the last p dingy pro4ra� twotfit tla v6k,
<br />Of eff
<br />i4 if 41110h8f ltgmd by rind bitweenn said parties that the accepmor—e of the w®t k vo,#1 fie Sri tl
<br />fl f r ayf r ®f th@ pirif thRta§f, ghall not constitute a waiver an the part of. the City o ktvy of the ptuvlb-
<br />} l# 9�th1f ofitfii6 N@r @hall It rJea,ae said contractor or the sureties oa his blind fftr the �i khf ul: 004tlti 1`:
<br />d all @f!®f j nor €4911 fha R yap€anee be prima facie evidence of the parfdmaiite of frelty pt•bviaicti tit .6.10
<br />69ift�6t, ae@pt to the W@nt of entitling the contractor to the,contrut .price tlta_mbit,
<br />@ontrutor ma,ta-pay for all - labor and materials, used or furnished to be laaad ltt the maklity ut
<br />AHO liiifllr®ireMelit AM In the performance of this contract, w.hethar d6ne or furiiiahed for hid, or hil genii
<br />011 661 66004or or 6thmirattor; and the city may reseive out of smy allowanie Mild@ all tlliy lot ttiale
<br />of of tta e�nlraatr or assigns, or out of the �i amount dua him or to assigils iipdh #diet dil0iP @l<lsli
<br />41lk1*W1t
<br />work, $q ?rt wh as Ma,-ecssary to p y- all laboreri or materfat men for- mottrr$1 Jiff than! tat
<br />� $ W %0WAI unq ar tunished to be :used in the p"tormangevi Wo fNitt laid tht doing tit
<br />f#t@ t e r, arcun as city treasu�rtr, rnaer, r ts�e + 1kged from ptt'p�
<br />R4 Valk"o-4 % ak impmetatut to pay sucia debts -or =61 dWa6tittietbi ;h6W# thid they hit# &LI
<br />"1 _e cc .c'-a'•'c~ agrees to remo--2 all rub')-sh, earth, and tin}.sed- material'in the streefs-or,sides thercok"
<br />upon the completion of the improvem-_:at or the repairing thereof.
<br />The work of makjilg, Wch improvement shall be combleted according to a terms of this contract oil or
<br />Or -fore the-------------•---------�r--------- *-----•--- ---day of.. -------- 1�11 Li.Yt.. � 19......-...
<br />unless the time for the completion of the sane shall be eYtAnrled in writ: by the Board of Public Works;
<br />And it is agreed that any such e-rten, ion of time, or any alte a` o i of this cr^.tract or of the manner or meth-
<br />od of doing such work shall in no way affect the duties, obli'Fations or liabilities of the co .tractor or his sure --
<br />'ties.
<br />It is agreed that the contractor shall not assign this co, . , or sub -let the work or any part thereon to
<br />be done hereunder, witho•� t the y: ri± _pn co: of the Boplrd eF F:' lie Works.
<br />It is further agreed aid stip_ila`-d that contra_*or!sli?!1 give to residents of said city a, d coii,rty
<br />preference in the employn -.nt of a1.1 la1>er necessary in the : erforglance of this contract, and failing to d;> so,
<br />shall forfeit. to the city the surn of ten dollars for each failure to. observe this stipulation.
<br />And upon the performance of all the term& and conditions of this contract, and things to be done and
<br />performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lected and paid to said contractor in the manner fixed by the; statute governing the making of such improve-
<br />ments.
<br />To each of the conditions and stipulations of this contract,' includhig- a _ and singular the ,provisions and
<br />terms of the plans, profile, specifications and resolutionaforesaid,- -the undersigned binds himself, or, itself.
<br />and the respective successor or assigns of such 'parties,
<br />
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