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<br />Fr idly kg-' it 27th. ,1917. Continued. -
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGREEMENt p Made and entered into this 26th. ' day of April 1917
<br />by `and between L. H. Webster of the County of st. -Joseph and State of Indiana
<br />( hereinafter referred to as the "'Wonstraetor,") and the+City of South Bend, in the
<br />County of St. Joseph , and State of Indiana, .b� and through its Board of Public
<br />Works, ( hereinafter referred to as the " City ), under and by virtue of the Act of th
<br />the General Assembly of the State of Indiana, entitled "An Act Concerning `Municipal
<br />Corgiorations., " approved March 6,1905, and all amendatory and supplemental ants
<br />thereto:-
<br />Witnegsetll,, ,tha,t ,the °gontractor covenants and agrees to construct pipe
<br />sewer on Olive Street .from .Linden ,Street to Washington Avenue, in the City $f South
<br />Bend, Indiana, .at and °for •the °following °prices:
<br />440 lin. 'ft.' 'of 'I2" °riipe sewer, per lin ft....... 9 .... ..... .$1.27
<br />460 lin: 'ft: 'of 'IO" °pipe `suer, per lin ft.................. 1.18
<br />180 lin. ft. of 8" pipe sewer, per lin ft................... .50
<br />720 lin. ft. ' of 6"conduit pipe, per lin ft................. .6o
<br />lli lin. ft. of manholes, per lin ft...... ....... ........... .'5.00
<br />6 storm i€iter ° gates; .ea.cli.'....... . ........................ 5.00,
<br />1. maniole,, curb and cover;°each............................. 10.00
<br />and to perform ail work in the prosecution of said improvement under and according
<br />to the terms and . cond it ions . of , Imrovement Resolution No. 496 adopted by the Board o f
<br />Public Works Yarch 6th.,1917 .and ,the ,plans, profile and specifications on file in
<br />the office of the Department •of °Public Works, which said resolution, plans, profile
<br />and specifications are made a part hereof as fully and effectually as if copied
<br />and set `out herein at full length. °
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<br />The contractor"further' 'expressly covenants and agrees that inthe prose-
<br />cution of said work °ail °proper' 'skill 'arid care will be exercised; that he will pro-
<br />perly guard and protect;all°excgvati©xis and danagerous places, and will use all due
<br />and proper precaution to prevent -injury to any person or property; that in the event
<br />of any injury or dame,ge °resulting ,from.the work or resulting from any things con-
<br />nected therewith or arising therefrom,, to any person or property, he will pay and
<br />liquidate the same at--hisown °expense, and assume the liability threfor, and. in the
<br />the event of any claim -being -made -or -any action or actions being brought against the
<br />City by reason or,on account of or growing out of said work or its construction, the
<br />said contractor will at his own expense defend the same, and will pay any judgement
<br />recovered therein, and will in all respects fully indemnify and save harmless said
<br />city, its officers, agents or representatives from all cost, expense, payment or ..
<br />judgement reovered in connection with such -claim or claims, action of actions. Aid
<br />if within ten days after any such action is begun, the City shall notify -the con-
<br />tractor and against the surety on his construction bond, as to the amount, liability
<br />and other matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and make such
<br />repairs as may be necessary for the period and in+ the -manner as fixed by the speci-
<br />fications, and to secure the maintenance and repair thereof to file with the Board
<br />6 Public Works a bond with suff �c ient surety theeeon and in an amount as fixed by the
<br />specifications. And in doing such re air work the contractor and the surety on his
<br />guarantee bond shall be 'subject 'to ,the *same liability to the City and any other
<br />person for any injury or damage to any person or property in the same manner and to
<br />the same extent as is fixed in the last preceding paragraph covering the construction
<br />work.
<br />And it is -further agreed- -by -and betWeenL said parties -;that the acceptance
<br />of the work provided for ;in this contra t or the payment thereof, shall not ,_c.onsti-
<br />tuts a waiver 01f.the part of the City, of any of 'the provisions of this contract,
<br />except to the extent of entitling the contract to the contract price therefor.
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<br />The contractor agrees to pay for alllabor and materials used or', furnished
<br />to be used in the making of such improvement and in the performance of this con-
<br />tract, whether done or furnished for him, or -his agents, ags'ignees, successor or
<br />-sub contractor; and the City may reserve bit of any allowance made an any estimate
<br />in favor of the contractor or his assigns, or out of the amount due him or his
<br />assigns upon the completion of the work, so much as may be necessary to pay all
<br />laborers or material men for amounts due them for :work done or materials used or
<br />furnished. to be used in the performance of this .contract and the doing of said work,
<br />and the county treasurer, acting as City Treasurer, may retain money collected from
<br />property owners assessed for said improvement to pay such debts'or until the con-
<br />tractor shown that they have been paid or satisfied.
<br />The contractor agrees to removeall rubbish , earth, and unused material
<br />in the streets or sides 'thereof upon the completion of the improvement or the
<br />repairing thereof. -
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