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735
<br />Pet it ion f or a 1 ight or, 'Michigan Street and Oaks ide was rejected., by the
<br />B oard .
<br />The Board approved blue prin��� sub mitted by the Grand Trunk Railway Syster.
<br />for new bridge over St. Lo-dis Street this , -`- J
<br />y� o replace bridge a<nd for single track
<br />purposes only i Solid water proof floor..
<br />A
<br />PUBLIC Ilu1PR OVELENT CONTRACT.
<br />This Agreement Uade and entered into this 6th. day of August .1917 by
<br />and between Staples & Ackerman of the County of St, Joseph and State of Indiana (hereinafter
<br />referred to as the " Contractor," ) and the City of South Bend, in. the County of St.
<br />Joseph, and State f"India.na, by and through its Board of Public Works, (hereinafter
<br />referred to as the City,") under byd by virtue of are Act of thj General Assembly
<br />of the State of Indiana, entitled " An Act Concerning Municipal Corporations,' " spproved
<br />Marc'_ 6,1905, and all amendatory'a.nd supplmenetal Ahts thereto,
<br />Witn®sseth, that the contractor covenants and agrees to construct
<br />pipe slower on Dunn Street from Chapin Street to Scott Street, in the City of South Bend
<br />Indiana, at and for the following prices:
<br />530 lin. feet of 12" pipe sewer, per lin ft................$1.60
<br />130 lin. feet of 6" pipe sewer, tier lin flu................ .65
<br />10" pippe sewer, per lin ft................................. .60
<br />21 manholes,oper ft in derth ... .....o...................... 5.00
<br />Storm water grates, each.. .............................. 6.00
<br />2 manholes, curbs and covers, each..... .................... 14.00
<br />and to perform all work in the prosecution of said_ improvement. under and, according -to the terms and' conditions
<br />Imprdvement Iesolufon�`No', -_ _-___-
<br />_ ,adopted by the Board of Public Works _ JSA�- 26.
<br />and the plans, profile and specifications on file in thle office of the Department of Public`Works, which'sa d�resolu
<br />tion, plans, profile and specifica ens are made a parthereofas fully -and -effectually as fw i rid s tout er '
<br />at full length.
<br />The contractor further expressly covenants :and agrees that in the prosecution of said work all proper skill
<br />and care will be exercised; that he will properly guard and protect' all excavations and dangerous places, acid will
<br />use all due and proper precaution to prevent injury to any person or property; that in the event of anyainjury
<br />or damage resulting from the work or resulting from any matter or thing connected therewith or arising there-
<br />from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability
<br />therefor; and in the event of any claim or claims being. made or any action or actionsbeing brought against the
<br />city by reason or on account of or growing out of said work or its construction, the said contractor will, at his
<br />own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify
<br />and save harmless Said city, its officers, agents or representatives from all cost, `eXpense, paymeflt or judgment
<br />recovered in connection with such claim or claims,, action or actions. And if within- ten days after any such
<br />action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against
<br />the city shall be conclusive against the contractor and against the surety on his construction bond, as to the
<br />amount, liability' and other matters pertaining thereto...
<br />And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the
<br />period and: in the manner as fixed by the specifications, and to secure the maintenance and repair -thereof to file
<br />with the Board of Public Works, a bond with sufficient surety, thereon and in an amount as fixed by the specifi-
<br />cations. And in -doing such repair work the contractor and the surety on his an,
<br />bond shallbe subject
<br />to the same liability to the city and any other person for any injury or damage to any person-6r property in the
<br />same manner and to the same extent as is fixed in the last preceding paragraph'covering the construction 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 provisions of
<br />this. contract,:- nor shall if release said contractor or the sureties on his bond for the faithful performance thereof;
<br />nor shall the acceptance 'be -prima facie evidence of the performance of any provision of this contract, except to
<br />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 such
<br />improve"merit and in the;performance.of this contract whether done or furnished for him,or his agent, assignee,
<br />successor or.subcontractor; and:the city may;. reserve out. of. any allowance made on any estimate in favor of the
<br />contractor. or his assigns, or out of the amount due him or his assigns upon the.completion of the work, so
<br />much as may be necessary to pay .all laborers or material men for amounts due them for'work done or materials
<br />used or furnished to be used in the performance of this contract and the doing of said work, and the county treas-
<br />urer; acting as city treasurer, may.re money collected from property owners assessed for said improvement to pay such debts or until the contractor shows that they have been paid or satisfied.
<br />The contractor agrees to remove all rubbish; earth, and unused material in the streets or sides thereof upon
<br />the completion of the improvement or the repairing thereof.
<br />The work of making such shall be completed.;according to the terms of this contract on or
<br />before the ----- - - - - - ---- --r-day of---- --- -- --' 19
<br />unless th,exiine.for.the completion of the same shall be extended in writing by the Board of Public Works. And
<br />it is agreed''th-at,any such extension of 6me,`or any alteration of this contract or of the manner or method of
<br />doing such work shall m no way affect the duties, obligations or liabilities of -the. contractor or his sureties.
<br />• `It is agreed °that the contractor shall not assign this contract, or sub -let the work or any part thereof to be
<br />done 'hefeurid"er, 'wifhout fhe "writfen 'consent of the. Board of Public Works:
<br />' It is'. further-agteed and- stipulated: that the, cofitrActdr'shall give to residents of said city and county prefer-
<br />ence in -the employment of: all- labor -necessary in the performance of thiscontract, and failing to.do so, shall for-
<br />feit to the city the sum of -ten dollars for each failure to observe this stipulation.
<br />performance `of all the terms and;; conditions of `this contract, ;and things to be done and -
<br />And -upon -the, per- .
<br />fortred by__said ,contructof the said city agrees to.eairse=the cost of,doing :Such work tobe assessed, collected and
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