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158
<br />The following improvement contracts and -bonds approved.
<br />.
<br />PUBLIC IMPROVEMENT, CONTRACT.
<br />THIS AGREEMENT, -Made and entered` into t his 15th. , day of Apr it 1919
<br />by and between L. H. Webster of the County of St. Joseph and State of InaIana,
<br />(hereinafter referred to as the Contractor" ), and. the City of South Bend., in the
<br />Caunty of _St. Joseph and State of Ind ianalss b y - and through its Beard of Public Work
<br />(hereinafter referred to as the " City "), under and' by virtue of an Act of the
<br />Gener'&1 ,Assembly of the State ®f, Ind;iana, entitled " A n Act Concerning 1!unieip4l
<br />- Corporations'9" approved March 6,1905, and 411 amendatory and supplemental.acts
<br />thereto: -� R
<br />Witnesssath that the contractor covenants .and agrees to construct pipe
<br />sewers on Monroe Street, River Avenue, Edgewater Drive and Arch Ave ue int.t.he
<br />Edgewater Place Add it ion, in the City of South Bend, Indiana at and for the,
<br />f ollowing prices:
<br />12.1in. ft. of 16" cast iron pipe, per lin ft......... ...$ 9.00 "
<br />32 lin. ft. of 15" pipe.^ sewer, per tin ft................... 3, 00
<br />1504 lin. ft.ef .12- ineh,.pipe sewer, per lin ft............ 1.90
<br />59.0jin. tft...of ,8,", inch pipe sewer, per tin ft........... 1.50
<br />414 lin. ft. of,8" inch pipe sewer, per lin ft.......... .70
<br />681 lin. feet of 6" .inch pipe sewer, per lin ft......... .80
<br />81.5 lin. feet of •manholes, -per ft. in depth............ 6.00
<br />22.--storm watOr. kr'at"pol _e:ach,:.... ... i-.q 0.....0 0 0.... 9._00
<br />9 .manholes-, curbs and. covers, each ......:............... 18.00
<br />1446" X 12'-yT s
<br />yeach.2. 00
<br />4 i o%x. Sods, . ,
<br />.-.
<br />..... . . . . ... . . . . . . . .. 6. oo
<br />s to }xe.grctt ail wtx in pro3ccuti6ti ,4Y sold improvement under and according ta; the, terms `end Win=
<br />di*tclrxs 'of Imgtaverbtgcrt adopted by -the Board of Public Works. Apr-i:1 919.
<br />-- e;snd the Marls, pca$ls send $Fecifisiatrons an ill<C,i*t zhe: gfce o€,the Department of Fubiic Works. wllicli said
<br />crasntts*ion, +lames, `orbl4ie and ipecifica€rons are ma( e a part hereof as fully and effectually as if cogfed ens}
<br />t. set:i�l4t herein at full lens h: -
<br />`• contractor further expressly covenants and agrees that in the prosecution of said work-afl #roper
<br />skill .c eare ., '1 be exercisc ; th— t he 11 _roper;-v k rI a: d p; ot: ct all excavations and danterott$-:places; .
<br />and 4711-2se401 d,e ; d.p-^?er p•ecauticxa to �Jr b .it lnlury �7 :ry person 3r prnn!rty; t1+,,3t in tb f,
<br />ar.y inju y,,or dar+..oe. rcaul•-ung from ttie workzor resulting from cry MAtter or thingtl:el"gt tf, or
<br />srtsing,nccrefrom, to any, persia or troperty, he iAl nay and ligr_i-date the sari- at leis oxen e*vense,°'and a5-
<br />sut-Yi6 the liability therefor;.ard 14 the event of any ek es eir.claims tiring made or any actroir .cr act.4ns�hr .
<br />-brc;Aght against,the city by> reason or on -accouuf of or�wrowiag out of said work or its eonstrt3ctrtin, 14sa;d
<br />contractor --will xt his own expense; -defend, the same, and grill pay any;jiu�gxner�t rcco�re:Rd therein, aird: viU ill
<br />all :respects`fuily indemni#y and save harmless said' cRy,.its offiams, aigents or representatives front_ all Cost,
<br />expense, paymatg az judgment reEvirere� in connection with such claim or claims, action or actions.. Ami ,f,:•
<br />within ten. days after any such action-i. be an, file city steal! .notify the eortmctor of tat_ Perri »c> .bier. �f,
<br />then any jtidgment rendered against the city shah be Conclusive against the=contractor and igaitlst he. surety
<br />on his construction bond, as to tr n mount, liability and other matters pertaining thereto.
<br />And the contrziC-.,or agcc§is to r,i<Ciisaalii $an
<br />the period and in the manner as fixed i3 the sn ati o.-i to
<br />p y"` , S( rc ile .1:2ii eLauce ai,d r r
<br />Y J Is Qi1Q
<br />to file with the Board of Public Works a bon(i x�;ith sufficient surety thereon and in an amount as n :ed , specifications. And in doing such repair work the -contractor arid- the surety on his .guarantee 'oe;_d snail :..y
<br />subject to the same liability to the city and any other person for any injury or damage to any per, t-; or prop.
<br />erty in the same manner and to the same extent.. as is fixed in the last preceding paragraph coverin .-che Co-
<br />struction work.
<br />And it is further agreed by and between. said ,parties that the acceptance of the `wori: provided for- in this
<br />contract, or the payment thereof, shall not constitute a waiver en the part of the city of any of life .prov;9-
<br />ions of tL;is contract, nor shall it release said contractor or the sureties on his bond for the farthful 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. 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; and the city may reserve out. of any allowance made on any estimate
<br />in favor of the contractor or assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as ma, cessary to pay all laborers or material men for amounts due them .for
<br />work done or materials use(. _ _ :ufnished to be used in the performance of this contract and the doing of
<br />said worny and the county treasurer, acting as city treasurer, may retain money collected from property
<br />owners assessed for said improvement to pay such debts or until the- contractor shows that they have been
<br />paid or satisfied
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