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Tuesday Sppt►ember 13th. , 1921 • Con'tiNd9d. ,
<br />PUBLIC IMPROVM=t CONTRACT
<br />This Agreement Made and entered into thi's 13tk. day of September 1921
<br />and between L..H. Webster of the County of St. Josepi and'State of Indiana
<br />ereinafter referred to as the -Contractor"), and . the City- of-_ Soutk; Bend, in the
<br />?oustyy of St. Joseph and.State of Indi , by and tkrough its Board of Public Works, f
<br />keroixafter referred_ to as 'the Cit�r" , u#der and by virtue of an.Aet of the General
<br />Assembly of the State -of Indiana, ent t ed An Ast-Coseerning Municipal. Corporations,",
<br />approved Marek,6,1905, and all amendatory and supplemental ;Its thereto•
<br />S1itnessehh, that the eontraetor eoven&nts and, agrees to gonstrU0t pipe
<br />s we o ush treet fr LWe e S re. t to pelms tvania Avenue, in the City of South
<br />en , k Tana, at an: ror t of ow xg.:priees,
<br />I lin. ft. of 12" ipe per lin..ft..... ....................$2.50
<br />335 lin,ft. of 10 inch pipe 'per lire ft... , ..... • ...... 2.40
<br />3 1 f of gg inch pipe per lin ft• ••.. •.•.,. .
<br />18n. of 6 inch pipe per Jill.ft......... .roo ma.nhole-s er ft. in de th...... .:
<br />10.5 lin. ft. f p P 7
<br />2 storm water grates! each#.• •.• $.00
<br />1 manhole curb and cover, cash...,....................�.1 .00
<br />and .tn perform all work in the prosecution M said improvement under and "aeeordi>tq to the terms %nd mm,,
<br />ditions of Improvement Resolution Iv'o: 901 ads*ted by the ftard Lot Publit Worm►.. . 1921
<br />and the pplans. profile and specifications on file in the office of the :D*af'Erden#: of Puhtie Works . th ai
<br />resolutidn,'plans, profile and specifications are rna3e a part hereof as filly and effectually as i Copied and
<br />set out herein at ftt% length. • >
<br />'The contractor further- expressly covenants aria agrees ihxt in the prosecution of Said wi?rk t 11 proper
<br />skill and care will be exercised; -that he -01 properly 1 e�:cava?�ons :ah�i dangerous' plac�t,
<br />and will use- all due and proper precauti6n to prevent rnju v person
<br />and injury or damage resulting #rorri the wo k: or resr�lF1 ^g frorri a.-y rit a*.er or thiior- cnnr*n*-,d th,!rniQt' 1, r
<br />arising therefrom, to any person or property, he +11+ ay ar�diiquidaf6 the •same at 1isovm expense, and t+s-
<br />sume the liability therefor; and in the event of any claim or claims being rhade or any action or actions hol
<br />brought against the city by reason or on account of or growing out of t71 -% irk or -its cortffliction, . s-,
<br />contractor will at his own expense defend the same; and will pay any judgment recovered therein, and No- in
<br />all respects ' fully indemnify and save harmless said city, ,its officers, agents -or representatives from all cost,
<br />ewe, payn-ent 'ar audgmerit' recoveredi in ci�nne: tion with such claim or claims scfion or aetion3. An�1 f
<br />wlthi+t tea days after zany such :action is begun; the city shall notify the contractor csf trio p'en�l:cv they f,,
<br />;&,tn any judgment rendered against � he`city shall be wriclusive against the eoniractorand against the sureti, -
<br />an his construction bond, as to tb- amount, liability and other matters, pertaining thereto,
<br />r :lu !tie
<br />the period and in the manner 2s fixed by the ste ii ca., ` ,ns, aac
<br />to file with the Board: of Puhlic�Works a bo.id'viath sufficient surety the. eU__.aixcl r an atueunc €�i �} a:r , i..
<br />specifications: And in doing such repair wort. the contractor and the surety o-1 hi gita_ra tee 1 r' 1 1
<br />subject, to the sar_te liability to the'city and any other person for any in or dan.age. o any p
<br />erty in the same manner and to the same.eXtent as -is liked in the,last preceding paragi`'xh cov it.. i i, ,
<br />struction work.
<br />A .d it is further agreed by and between said r-!rt":�s that the acceptance of the wort,c,^ ?Pd �nr i.,
<br />contract, or the, payment thereof, shall not constitute a waiver on the part of the city of any c i e pr
<br />ions of this contract, nor shall it release said ecntractor or the sureties on his bond for the,.€aitn ui p ri
<br />a*ice thereof; nor shall the acceptance be prima facie evidence of the perforniance-of any provision Uf
<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 makir ;
<br />such improvement anja,iu. #he,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 .h;,z assigns, or out of the amount due him -or his assigns upon the completion
<br />of the works so muc}: 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 and the doing of
<br />said work, and the.c.ounty treasurer, acting as city treasurer, may retain money collected from property,
<br />owners assessed f6r -Said improvement to pay such debts or until the contractor shows that they have ;bean
<br />Paid or satisfied -
<br />all ru ;'
<br />apon the completion of the imnroq^ ^n, e._r-h, and u_n+_sed`nf►atcr4,T in. the streets cc s*.-'=
<br />m-,at or tfle repairing thereof".
<br />The work of ma.kir_g snrlt improvement shall be corovIeted according to the terms of this cofrtrzlet e t cx
<br />.... before the ----••• '
<br />t day o€----------•-- ___
<br />unless the time for the completion of the sa e shall be extended rn wrier �� '" lg
<br />A ,d it is agreed that any such e-etension of tic t�this a by tyre Board of Publ;c Worl :�
<br />�d cf doing such work shall in no way affect the dutie , obiigationsoordiabi( hies of the f the
<br />actor manner
<br />r or rut t±1- r
<br />'Lies.
<br />It is agreed that the contractor shall not assign this.;, LI
<br />-racts_or sub -let the work or arty part theinc,f +-
<br />be done hereunder, tvi ho.• the writven co s;.nt of the koard of'P=ublid-Works.-
<br />It is fur her agreed and stipulated that t a contractor shall. gi••e to residents of said city and co,!
<br />preference in the employment of all labor necessary in the performance of this contract, and failing to d > ;
<br />shall forfeit to the city the sum of ten dollars for each failure- to. o2iserve this 'stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be done at _
<br />performed by said contractor the said city agrees to- cca.use the cost of doling such work to be assessed, f c
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such impro ve-
<br />�antb.
<br />To each of the conditions and stipulations of this contract, including all' and singular the 'provisions and,
<br />terra ,S of the plans, profile, specifications and resolution afozesaM, the 'undersigned binds himself :� itself
<br />and th* rc !;pective successor or assi•
<br />gns of such parties.
<br />In Testimony Whereof, We, the foregoing named partiok% it0rft 0
<br />set our hands We 13tke day of Sept., 1921.
<br />CITY 4F S©UTH BEND„ TRPIAN L. H• IMBSTER CoxLractor,
<br />BY G. A.'ELLIO-W
<br />H. .F. RCSTITS
<br />v; 3
<br />Ita Board , of Public ,Works
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