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Tuesday Aupst 16th., 1921. Continued&
<br />The following bonds and contracts were approved. by the Board.
<br />PUBLIC,IMPROVEMB0 CONTRACT
<br />d t THISppA%REEMENT M de and ent�+r i to this 1 h. da o Must 921 by
<br />We�ePe�errec:ra���as&trie pr'�$Rtgac� r"�ou n� �he��408?pgoa b-nal �-.n��ohl���r� �
<br />Stf Jos p and R&'eClillea"
<br />dib th a h'i s Board o P biro Wor s (hereiinaf er
<br />ee d a rm an vn1e ni° MuniAC C to:corporaet1ons Ae s .p it ve'ee ofn© ng p i .�
<br />March,190;, and all amendatory and supplemental acts thereto.
<br />ntr c or c v na is a d $ e Q gr oust uct gipT s erClt B1%i et�Keffld`nn ' ineu rat eel ormt e o ow�ngtpr ees:-ge venu , la Y o. ou
<br />780 lin. ft. of 12 pp " ipe per lin ft:. ...J2.40
<br />256 lin.ft. of 10 inch pipe per-lin ft............ 2.25
<br />224 lin. ft. of 8 inch pipe sewer per lin ft..:'..... .20
<br />.5 lin. ft. of 6 inch conduit pipe per lin ft.......1.00
<br />17 lin. ft. of manholes per lin i't ...............8.00.
<br />0 storm water rates, each.....
<br />.......••••••••••••20.Og
<br />manholes curb and covers, each.
<br />rind to perform ail work in the prosecution of said improvement under and according to the terms and >eqa�
<br />ditions of Improvement Re$olntion. l4o ........ 887:_._.,_..., adopted by -the Board of Public Works.,.June,_, l t.1921
<br />and the plans, profile and specifications on file in the office "of the • Department of Public Works, which said
<br />resolution, plans, profile and specifications are made a part hereof as 1#1ly and, effectually as if copied and
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of' sa I work all. proper
<br />skill and care � H1 be exercised; that he >> 11 rrone�-'-, ^r at a p nt:Cr all exgavatiorn.-arid dangerous places,
<br />and trill use all due and prooer preca,ition to orev>zt injury iry person or. p c�erlly' : that in the evert qJ
<br />any injury or damage resulting from the vr-)r or res�_ilt;r•- from: a-.y ?ratter or thingg ronr.ectf-d�therewi`� or
<br />arising therefrom, to any pers^-i or nroptety, he na,v 9rn. hiq-uidate the same at;his own expense, ar+d+as-;
<br />sume the liability therefor; and in the event of any claim or clairls 67iiiqg made or airy action or actions`
<br />being
<br />brought against the city by reason or on account of, or growing out of vid work orits construetion,the said
<br />contractor -,jll at his own expense defend the same, and will pay any judgment recoveted Therein, anii'wjll'in
<br />all respects fully indemnify and save harmless• said city, its officer$,.agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. And ;f
<br />with
<br />wn ten days after any such action is begun, the city shall notify tl contractor pendency thereof,
<br />th•-n any judgment rendered agair_st the city shall be concl sive against the contractor -and against the surety
<br />to th i -.t, liabUity and other matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement Aw` make suci repairs as may be necessary
<br />the 8eriod and in the mariner as fixed by the svPcifica.tions, and to secure tiie maintenance $lid repair thereot
<br />to file with the Board of Public Works 9 bond with sufficient surety thereon and in an amount as -fixed by the
<br />:specifications, And in doing such 'repair wont the contractor and the surety on his guarantee bond shall be
<br />subject to the sai.ae liability to the city and any other person for any injury or damage to any pars,; a or. prop.
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering`tha can.
<br />atruction work.
<br />A: d it: is further agreed by and between. said r--irt`�.2s that the acceptance of the work provided for In tilts
<br />.Contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisa x
<br />�.. iouia of this contract, nor shall it relea.ie said cc -.tractor or the sureties on his bond for the faithful poi fou qi-
<br />( ance thereof; nor 'shall the acceptance be prima facie evidence of .the performance of any provislon of lids
<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 maldnN of
<br />such improves;tq. t ,a,od in.the performance of this contract, whether done or furnished for him, or his a,getgt,
<br />assignee, successor' or subcontractor; and the city may �resegve,out of MY allowance made 9n any estimate favor of the °contractor'or.i 1e assig tg, or out of the an;ount due him or his assigns upon the completion
<br />of the work, &o.much as �wa. ° -cessary to pay all laborers or piateriat men for announti duo there for A
<br />work done on materials use's or iurni;hed to be used in the Performance OUthis' eontract-a_nd the doing of
<br />owners
<br />and.ths,"dfe for. said.
<br />ireasurc�t, aL�ting�as city treasurer, %ray, retain money. colle.tecl front property
<br />Owners,assess-d #or,said,itnprovc:rent•to pay such debts or utiul the contra"" airovts that they have been
<br />paid or satisfied
<br />The contra^*or ag ees to Fenjo--r aid rnb� sk eax':k mid mil-used
<br />t"I.al 111 the etf�� qt Z% t i
<br />p® t e pied Rf the improveste t or the repairing thereof.
<br />�if "k Of Making srt�eh improvement shall be .completed according to, t1m terms of Chit toame-t
<br />fhdi................ ....... __day af. ..... ... ma..:n....y .�maaan_asr_aseseease$Uk-
<br />lit
<br />ortgos this time for the completion of the sat a shall be extended to wvitinj..by, the
<br />And It 4 agre@d that any such e'Kte. Zion of titre, or ary &.Iteration of ties t, . met or of thtf way ltf of
<br />Od of drug such work shall in no way affect the duties, obligations or inabilities of the contra@tor of hN ski%lt j
<br />float
<br />It Is Agrecd that the contractor shall not assign `this -r act, or sub -let the work or pity part t1w.vgof to
<br />b@ dons he-reiinder, withot,t the written co .s °__t of the L. _rd of P, l,!lic Works,
<br />It is further sgtecd and stinu_late-1 •.1,a't co-_.ractor shall give to realdcrits of s&Id eft and coii ity,
<br />`prsfQP0itcs in the err.ployxuent of all labor nee �-_ary in the performance of this contract, aid fa Ilrt ff to dq P,6
<br />6ilall forhit to the city the sure of ten dollars for each fail re to observe this stipulation,
<br />And upon the performance of all the terms and conditions of this contract, and things to be done &0
<br />srfol°r`,neci by said contractor the said city agrees to cause the cost of doing such work to be assessed, avfl
<br />sited httd paid to said contractor in the rnanner fixed by the statute governing the making of such finpfoyp. r
<br />` o,each of the conditions and stipulations of this'contract, including all and singular the prMolono i lid
<br />twna of the plans, profile, specificatior-:.; and resolution afores id, tho undcroigaed binds him4alf of, tttic
<br />'$fid tta rt�lpictivt successor or assigns of such parties.
<br />f
<br />In Testimony Whereof, We, the foregoing named parties, hereunto
<br />set our hands this llth. day of August 1921:
<br />CITY OF SOUTH BEND, INDIANA. STAPLES & `ACKERMAN
<br />BY G. A. ELLIOTT S. U. ACKERMAN
<br />H. Fe ROSTISER Contractor,
<br />JOHN F. DEHAVEN
<br />Its Board of public Works. _
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