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617
<br />T-WA-A--
<br />,
<br />pUBDIC IMPR OVEWNT CONTRACT,
<br />THIS AGREELENT Made, and entered into this 29th. , day of April 1919
<br />by and between L. H. Webster of the County o f St. Joseph and State of Indiana,
<br />(here-inafter referred to as' the " Contractor, " ), and the City of South Be nd, in the
<br />County of St. Jane ph and state of Ind iana, by and through its Board of Public Works
<br />(hereafter referred to as the " City.,"),, under and by virtue of any act of the General
<br />Assembly of the State of Indiana, entitled " An Act Concerning Municipal. Corporaa,tions,
<br />approved ULreh 691905, and all amendatory and supplemental t,cts thereto:--
<br />' i
<br />Witnesseth, that the contractor covenants and agrees, to* construct pipe
<br />sewer in Jackson Street from. Ford Street to 110 feet south of the `south line of Division
<br />street, in the. City of S out h Bend, Ind is na amd at and for the f of lmw ink; or ices: -
<br />1174 lin. feet of 12 " inch pipe sewer, per tin ft.......... $1.60
<br />130 lin. feet of 10" inch pipe sewer, per lin ft........... .60
<br />736 lin. feet of 6" inch conduit pipe, per.lin ft............ .60
<br />28.4 manholes, per ft .L in depth ............................. 6.00
<br />8 storm water grates, each.... 9.00
<br />3 manholes, curbs and c overs , each........ ................17. 00
<br />and to perform all work in the prosecution of said improvement under and according to the terms and con-
<br />ditions of I,mprogeVM.t` I1solntitm No. �616
<br />and the lane +, -=-., adopted by the Board of Public Works-. Februart 8,1919.
<br />P = rrof e d pe�xiica_ions on file m the office :of the Department •f Public Works, which said
<br />resohttton,;filang, $ end *j,drfrcat+ons are made a part hereof as fully and effectually, as if copied and
<br />Set out here. n f
<br />3 � �. tom_ -���
<br />e contr`sqar tE' r ex ites�ly covenants and agrees th^t in the prosecution of said K•ork a.11 proper
<br />skill a:erd ca`tC.' 'X* + f, _
<br />v re,:�tl at >2e - 1 -on all excavat,,
<br />d e f t b^ r • c +c r * one and dangerous places,
<br />1 'Q ores:=:: - 3 ;u. r
<br />at'iC �xcrtlanta g r� :.. 'y :.y person or p.r �. `v; tt,at r -h� evn,� �•.c
<br />a.,.� rIf tt•". t• 1 _ rJr rAS�_-±*;a fmnl ^^}� ^?1+4,•r Of tl�ncr rn, .. }r. a.
<br />?. 11 n" . �I : h n rewr' It or
<br />' pr'operty,'1 p ',• nsv at14 liq,ridate thA seeps at his own expense, and as-
<br />e alitlitfo} event of any clair� of claims being made or any action �r actions
<br />ag t?st e city Ire, or an account of or growing out of said umrt- or its cc��strnctioti, sa' +
<br />corrtt ter wsi4 Qt l 'r x hr a defend the same, and drill pay any judgment recover.ril therein, and wi i i in
<br />ail ressects f�llyincterrzitify and save harmless said city, its officers, agents or representatives from all -cost,
<br />expense, paymen* or judgment recovered in connection with such claim or claims, action or actions. Arai{ .f
<br />.within ten days after any such action is begun, -the city shall".notify the contractor, of tip_ pendency they- �f,
<br />then any judgment rendered against the city shall be_conclusive against the conEractor and against the surety
<br />on his constnzction bond, as to tr � mount, liabi*W and other matters pertaining thereto.
<br />And the eor,tractor agrees_bc; maintain said improvement proment and make such repairs as may be necessary L.,
<br />tits geriod end in the manner as fixed by the snPcifications, and to secure the maintenance and repair thereof
<br />to file with the Board of Public Work$ a bond v;,ith sufficient surety thereon and in an amount as fixed by the
<br />speaifidations, And in doing such repair work the contractor, and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any other person for any injury or damage to any persa.,n or prop-
<br />erty-= the same manner and.,;o the same. extent as is fixe
<br />straaon work. d in the last preceding paragraph covering .the con -
<br />end it is further agreed by and between satcf�Oafies that-ih"aece�ance of the work provided for in this
<br />contract; or the payment thereof, shall not constitute a -waiver ou-the part -of the city of any of the_provis-
<br />loiii of this contract, nor shall it release said contractor or the suir t es on his,bord' for the farthfuL perfor�n-
<br />cant thereof; nor shall the acceptance be prima facie eviaenoi�tot the perfornance-�si any provision of this
<br />Cotitr&ct, except to the extent of entitling the contractor fo the`con*ra:=t rice:tht+dm
<br />The contractor agrees -to pay for -all labor. and' materials. 'ul;'ed or=uTnts�idr to die`=;used in the making of
<br />wish improvement and -in the performance of this contract, whether dcst�e or furtttshed for him, or- his agent,
<br />assignee, successor or subcontractor; and the city_may reserve put of any allcswartct tttade on any estimate
<br />in €ivor of the contractor or ' ' "Signs, or out o€ the ariiount due iiirrr or -his assigns upon the completion
<br />of the work, so mua, as ma- ..:essay to a
<br />work dote or materials use,. y P y all labertfs br meter ar then for amounts due them for
<br />srnished _ta lie used'in the performance of this contract'atidd the doing of
<br />said Wore, and the c:ountY-trcasHrrr, acting. as city treasurer, ma retain money' collected' from. property
<br />owners assessed for laid improve:aeat to pay such debts or Un'ttu'I a contractor shows xFiat` they have been
<br />paid or satisfied
<br />:e co, t a cr agrees to remo•-� all rubbish, earth, and unused-triaterial in the strc-.:ts or sides thereof
<br />upon the completion of the improvement or the repairing thereof.
<br />The work of making such improvement shall be completed according to the terms of this contract on or
<br />before the -•--•--•-••--••-•---•- - - -- - _ unless the time for the comple+ion of the sar7e sha day
<br />of
<br />in writZ ,�
<br />And it is agreed that any such extension of time or any - by the: Board of.Public Works,
<br />Od of doing such work shall in no way affect the duties`aiterr,`''on of ±1?i_s con Tact .or of the manner or Wroth- �
<br />ties. ob!i�atior.s or liabilities of the contractor or his sure -
<br />It is agreed that the contractor shall not assign this contract-, or sub -let the work or any part thereof td
<br />-be done hereund?r, wi+.hoc?* the riven co ;e,.nt, of the BOOr-d' (If P11. t, It is further agreed and sti aia`tA that, t }* Works.
<br />_ preference in the employmc.•nt of a!1 labor necessaryLcontractor shall tri:,e to residents of said city and county
<br />in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipule#ion.
<br />And upon the performance of all the terms 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, cot
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such improve -
<br />To
<br />meats.. _ g
<br />each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the F1^.ns, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
<br />and tlAe respective successor or assigns of such parties,
<br />
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