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<br />PUBLIC IMPROVkENT CONTRACT.
<br />This Agreement , Dade and entered into this 23rd. day of May 1919
<br />by and between L. B Webster of the County of St. Joseph and Statt of Indiana (here
<br />inafter referred to as the `" Contractor*), and the City of South Bend, In the County
<br />of St. Joseph., and St4cte of Indiana, by and through its Board of Public Works, (heren
<br />inafterreferred U .=as thy* ' City",) andx2 tlalteunder and by virtue of an Act of the
<br />Getters; Assema617of `the State of Indiana, entitled , ",An Act Concerning Municipal
<br />C orpora t ions.-* prev-ed March 6th. , -190 % and all amendatory add supplemental act$
<br />thereto3
<br />Witnesseth, that the contractor covenants and agrees to construote pmipe
<br />sewer on linden Ave nue from Meade Street to Olive Street, in the City of -South
<br />Bend, Indiana at and for the following prices:
<br />700 liri.` feet of 12" inch pipe sewer, per lin 'ft...... .32.0.0
<br />220 lin. feet of 8 inch pipe $ewer, per lip ft.............. .CO
<br />448 lip. feet of 6. inch pipe sewer, Par lip ft.....,....,.... .80
<br />20.2 lin. feet of manholes, per lin "ft.... ,, ...._.., .._, ...., . 7.00
<br />l0 fl0
<br />2 storm water grates, each,.. ..,..,..........,.............. .
<br />2 manholes, curbs and covers, each.. ...........,...,.20,04
<br />end to perform all work in the prosecution of said improvement under and according to the terras and con.
<br />ditions of Improvement Resolution No. ..__6.. ............. adopted by the Board of Public Works__. APr1l 2nd• !gig*
<br />and :�ie pla.ns profile and specifications on file in 'the office of the Department of Public Works, which satd
<br />re6ottitio� v:a.nst'profkl.. amd specifications; are made a plant hereof as fully and effectually as if copiedz�,aiad
<br />set out hr rem at fi,h lerlth.
<br />n: con' tractor £tir+her expressly covenants and,agre-s that in the prosecution wf said work air praner
<br />Sl,ll 1 Care ' ' l by e .cLc 3, +':: he ;l r-on• ;,d I• --)t� all excavations tons at d dangerous_ o`s,
<br />ry
<br />and 1 use �l ? 1 r pr oa to *r,! .t Ir11L?? V t l ry person r 1 «.ti. +! 2r i. Fyr F
<br />d�
<br />a14V inj ry nr d m .a r ia`,l. s fr.c,,n the t, or'-ec.11 !b from a m.y+tf,r or tl!'t?c* il�r r'�
<br />y t t Et
<br />art ins .h r^f-on1 o any�per. or property, jj� 11 f�3V aTl4 11C.!ld3te +11C S*?YC.At l'?S o\4'1 expense,
<br />-snrc„! 1he'la.bility ther,.tor; and in the event of any c.'•.aim or clams llCing tirade or atiy action. er actio-wok
<br />b c ght a. a;-i,t the city. by reason or on a.ccouitt of or growing out of _a d i.anr l- rr its c- -rvcti n, : }
<br />conifactpr will at his own expense defend the same, and ,!III pay any judgment recovered there:n, intl
<br />all respects fully in`demlify and save harmless said city, its officers, agents .or representatives from a!,* e st, .
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions,
<br />Within- ten'days after any such action is begun, the city shall notify the contractor of tr oenl_,;cv iher.,-f,
<br />then any judgment rendered against the city shall be conclusive against the contractor and against the surety,
<br />an his construction bond, as to tr mount, kabiiilry and other matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and raa. Le such repairs as may be necessaary `,t
<br />the period and in the manner as fixed.by the specifications, and to secure the maintenance and repair thereof
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in.art arxtoaiit:a��itced_b� the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shalt=;ba
<br />subject to the sanle liability:to the city and any oche; person for any i , or aa}nw to arip per tin or:p�'�.
<br />arty in the same manner and to the same extent as is fixed in.the ins#preO1,ara*ra�i1 coyerin. tipbn�
<br />struction work..
<br />And it is further agreed by and lr"e+ty, n said parties that the acceptance pf the work provided for t11 this
<br />contract, or the payment th rcnf, shall ref- constitute 2 waiver_on'the psi t of the city of any,di the gro a-
<br />i©t.s of this contrast, nor shall it; r, tease said ,contractor.or the sureties on his bond .for the flticl;f al periorin-
<br />a e ther€oE; r.or, shall the arc;eptance'be prima facie evidence of the'perfdrmarree of�arty prpvisioi} of this
<br />Contract, except to the extent flf entitling tL-e contractor .to the contract, Price therefor.
<br />14te coiztr€�::tor;s"grees:to pay for ail labor :and materials used'or furnished`':to!be usedt,in.the makiz+ cif
<br />slash improverrient and in _th performanc of flits contract, Whet done or furtiished- for, hiri, or his a �ht, .
<br />at�ki lice, successor or subcon>s+a.- r; and the city•may:reserve out of eery ail=d5v nce�mad+e on any. es�
<br />in favor of the contractor or 1k, �s�igns, br out of :the.4niount dui him or his assigns-uppn the cdtripietiogd
<br />of 09 worl , so tnuai as m; uessary to pay all laborers or ,materiar mien, for amounts due thetrt �Or
<br />work dons :br materialrls user, aritisried to be `Lined in _the performance of 'this contxaq, and the d z
<br />stiicl aver , and the county trea4,,ret, -acting as city treasurer, may retain money co-lbte4, from pt
<br />® tltcrs'rtsscss.cd for said improvement to pay .such debts or until the contractor s4ows that they leave .
<br />paid or satisfied .
<br />z 'r" ro remo ail ru .i5h, ear., and unused material in the strt is or sides tnc-ilrof
<br />upon the completi^n oF the mpro,nin::ot or the repairing thereof.
<br />The work of malting sn ": improvement shall be comrAeted according to the terms- of this contract on or
<br />before` the ---- -- -------------------------------------da f
<br />unless the time for thecomp' on of the c- sar-shall b.e e tended n w*'ti'g by th B - -, - 3
<br />i Deed of 'Public Wo 1.s
<br />ti-10 it is agreed hat any _r_cn ftxtenGipn of tiT;e or anv alter pion of this contract or c:f the manner or meth-
<br />od <if doing such ;your. sa it in no wa
<br />ties. y: affect the duties, obiigation-s or liabilifi`e§. of:the contractor or his sure-
<br />..
<br />It is agreed that the contractor Shall not a;ss+gn th s cot t. ��t, or sqb-let the work or any part thereof to
<br />be done h r iit;der, wi?h )ot the:✓r.- en Co -,;r!! of the Bodrd of Public Works.
<br />It is €ctrther agreed an-d.st:iw! ±ccl that con+r
<br />in the employm;;nt of all labactor sti ll give to residents of said city and county
<br />preference or n-cessary in the performance of i11is°°co. tune±; and failing to do so,
<br />shall forfeit to the city. the sum of ten dollars for each fain+ re to observe this Aipulation.
<br />And upon- theperformance of all the terms and conditions OF this contract, and things to bey dove an.�
<br />performed by laid contractor. the .said city agrees to cause the cost of doing such work to be assessed, -_oi-
<br />reefed and peed to said Contractor in the manner fixed by the statute governing the making of such improve -
<br />To each.of the conditions and stipulations of this contract, including all and singular the provisions 'and
<br />terms of the lans,,profile, specificatiofis and resolution afor6said, the undersigned binds himself or itself,
<br />And, the respective successor or'`assi•gns, of such parties:
<br />' IN nSTIMONY WR)9OF .WE0 The foregoing named parties, hereunto set our
<br />hands this 27t4. day, of.; May 19-;�7.
<br />L. 1._ WEBSTER, Contractor.
<br />CITY OF SOUTH BEND -IND IANA
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