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161
<br />Tuesday Oct Ober 19th• .I920. Coast inued..t�_
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This, AgreSment, Made and entered into this _13th• day of October 1920.
<br />by and between Staples & Ackerman of the County of St., Joseph and State of Indiana,
<br />(hereinafter referred to- as the " , C ontract or*),, 'and the City of South.. Bead, In the Rounty
<br />of St. Joseph, and .State oP &d-:Ca-Aa, by and through its Board QP Public Works, (herein-
<br />after referred to as the " City" ), ,under and by virtue of an Act of the General -Assembly
<br />of the State of Ind iana-, entitled :" An Act Concerning Municipal Corporat ions $ , " approved
<br />March 41905 and all amendatory and supplemental acts thereto: `
<br />Witnesseth, that the .oentractor Covenants aid' to construct pipe
<br />Bawer on lrv'ngton Avenue Pram- Michigan Street to mellows Street, under Improvement
<br />Res olut ion No 838. at and for the follow ng 'pr ices:
<br />1435 lin. ft.. of 12 inch pipe sewer, per tin ft• • • r •$3.20'
<br />696 l in. ft. of Douse c onnec t ions .per 1-in ft.. 0 . • • 1. 50
<br />314 lino ft. of 81n,ch house connections per tin ft.... 1.00
<br />571in. ft. manholes per tin ft.... ••••••. •.•••••.•.•••..,1-2.00
<br />14 st,orm water grates, each•.••••••••.•.•..••••••.•♦••••,..15.00
<br />25 00
<br />5 manholes curbs ie€I eairers, eac'h.......................... .
<br />an(t to perform all. work in the prosecution of said improvement under and according to the terms aed e7Gnra-
<br />ditions of Improvem.ent Resolution No.._:.__..88._.____., adopted by the Board of Public Works..A?1!0.1920•
<br />and the plans, profile and specifications on file in. the office of the Department of Public Works, which said
<br />resolution, plans,., profile and specifications are made a part hereof as fully. and .effectually as if copied and
<br />set out herein at full length. `
<br />"he contractor further expressly covenants and agrees that in the prosecution of -said •work all proper -
<br />skill and care -;!I be exercise3; th_. he 'a r-on_.'� u-d F-o`�:- all encavations ar.d dangerous places,
<br />and .rill use all due and proper` -precaution to pre.rert intitry >� nv person or pry^ rty ; *ha in *he ev^nt
<br />any injury or damage. resulting from the w-Dr'_ or resultij g from a.j r^�tter or thing.conrectPd there.1vi"h or
<br />arrsing therefrom, ta.any person or property, he ; �11-nay arri lic, 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 bvirg
<br />brought against the city by reason or on account of or growing out of s�.;d work or its construction., thu 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 fully indemnify and save harmless said city, its officers, agents or representatives from all cost, ;
<br />expense, payrr--ent,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 tiae pendency ther- of,
<br />thin any judgment re.udered against the city shall be conclusive against the contractor and against the surety
<br />an We aanatruction baud, as to th- amotiitt, lia:bili- y and other maxters pertaining thereta.
<br />?.rid fhe contractor agrees io rnanitain salU , the period and -in the manner as fixed by the specifications, and to secure ..ie mwznt aai�e a. u r. p:_r
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed b J
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bor_d shall u.
<br />subject to the same liability to the city and any other person for any injury or damage to any pert a or. prof
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraptl' covering- the con-
<br />struction work.
<br />And it is -further agreed by and between said part3;s tUat 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 provis
<br />Wills of this contract, nor shall. it release said coL:.tya� fter or the sureties on his bond for the faithful perform
<br />ante thereof ; . nor shall the acceptance. be prima facie evidence of the performance or any provision of ,phis
<br />,contract, except to 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
<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 1.;- 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 used or furnished to be used in the performance of this contract .arid the doing of -
<br />said worK, and the county treasurer, acting as city treasurer, _may retain 3noney co§eeted from property
<br />owners assessed for said improvement to pay such debts or until the contractor shows that they have beer
<br />paid or satisfied*
<br />- _ C11) iemu- - ^11 rut' sa, earth, and uiv.ised wat(n-' al in the struts or :3X�wi
<br />upon the completion of the impro»eme:zt or the repairing thereof.
<br />The work of making such improvement shall be completed according to floe terius of this contract on v,:
<br />beforethe----------------------------------------------------------------------------day of------------------------------- --............................ ............ 19..........
<br />unless the time for the completion of the same shall be extended in writi:-g by the Board of Pvb.lic Worl-s;,
<br />And it is agreed that any such exten!zion of time, or any altera`ion of this contract or of the manner or mPth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor shall not assign this contract, or sub -let the work or any part thereof to
<br />be done hereunder, without the writ -`en cons:-nt of the Board of P .blic Works.
<br />It is further agreed and stipulated that t'::e contractor shall give to residents of said -cit and cou ,`-y
<br />preference in the employment of all labor necessary in the performance of this contract, and fading to dz f },
<br />Shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be done ai,J
<br />performed by said contractor the said city agrees to cause the cost of doing such workk to be assessed, col
<br />i lected and paid to said contractor in the manner fixed by the statute governing the making of such improve
<br />nests.
<br />To each of the Conditions and stipulations of this contract, including all and singular the provisipns a.^
<br />torms of the plans, profile, specifications and resolution aforesaid, tb.e urtdersign.ed. bit& biro. elf or
<br />and t1l r",pective successor or asci ors of sivcb
<br />lit Testimony Whereof, We, the foregoing clamed parties, hereunto
<br />set our hands this 13th. day cf October 1920
<br />'CITY OP SOUTH BEND* IND IANA STAPLES & ACI�ERMAN
<br />BY S. U. ACKERMAN
<br />BY U...A. ELLIOTT Contractor,
<br />]IN,.ROSTISER/Its ward of Public forks., ,
<br />h . DERAi
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