|
40-6,
<br />10th., 1923. Continued._ -.
<br />,,rz ,3---�---
<br />WITNp:SS our ban3s and seals this. t.. , .•,. a •_.
<br />' ,,,_ „- �"' •
<br />�`." `..i�3� '` i k BY M. T. ROACH
<br />ByFranci E Lambe t, Sr;_k .. ..,.•----,,,..,.�.,.,,-�� H °----�.�---�-_0
<br />At-S��� Q��?00
<br />� )eat Ve�,TPresident
<br />LIIe iaT:zic t�.-•a.€i ai) .o e"
<br />L. B. SLAUGHTER
<br />�.JANI7Y"
<br />......_....... J-R[P- #�1-�---
<br />8md of PulfeW04*
<br />Public Improvement ConRa
<br />th.
<br />-+r THIS AGRE T„ Made and entered into triis.-. ,
<br />©..-J►Y...:..3,...... f by and betweeAaples
<br />pF the Count St. Jo se and State of Indiana
<br />,�..-. ••'�•R • • • • •.• . • • . • • • . • . • .. • • . • . • • f f • .'fi'f'1'.-�'Pf-f31•-. f'�7f-liQlf,
<br />;(hereinafter referred to as the "Contractor" 1), and the City of South Bendj, in
<br />the County of St. Joseph, and State of Indiana, by and through its Board of Public
<br />Works (hereinafter referred to as the "City"), under and by virtue of an ,dot of
<br />the=General Assembly of the State of Indiana, entitled ` `An Act Conoernin`fftinial-
<br />pal Corporations,'' approved March 80 1905, and all amendatory aud.suppismsp
<br />eotg thereto;
<br />Witnesseth, that, the contractor covenants and agrees to
<br />construct pipe sewer on Magnolia Street from Indiana Avenue to Prairie Ave.
<br />in,the City of South Bend, Indiana at and for the fbllowing prices:-
<br />512 lin. ft. of 15" pipe per lin ft...... •.........$2.75
<br />583 lin. ft. of 10" pipe per lin ft...•......••.... 2.25
<br />258 iin, ft. of 8" pipe per lin ft............••.. .90
<br />752 lin. ft, of 6" house connections per lin ft... 1.00
<br />44.5 lin. ft. of manholes per lin ft..•..•.•....f.. 8.00
<br />11 storm water grates, each.. 10.00
<br />4 manholes curbs and covers, each ........ ..........18,00
<br />ali(l to yerfoi:ni all work in the prosecution of said improvement tinder and according to the terms and von-
<br />ditions of Improvement Resolution No..adopted by the Board of Public Works.. bZ_.9jd1.1-923.
<br />'and the Plans, profile and specifications on file in the office of 4be. 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 />fet Qut here;n at full length.
<br />A. The• contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill aiid cafe : f be exercised; that he .ni11 proper'_~- -~�r and p:o`ect all excavations and dangerous places,
<br />and trill use all due, and proper precaution to prevent injury to any person or pro-.erty; that in the event 61
<br />aiV inpry or damage resulting from the wor'- or resulting iron: anv matter or thing connected therewith or
<br />arising therefrom,. to any -person or property, he vr111 pay ar,4 ligt iciate the same at his own expense, and as-
<br />suine €lie liability therefor r and in the event of any claim or claims being made or any action or actions b=ing
<br />bro-,tght against; the city by reason or on a.ceoutit of or grovTing out of s=id work or its construction, the s3+d
<br />contractor will at his oven expense defend the same, and z,*PIl pay any judgment recovered therein. and will in
<br />all respects fully iiidemtaify and save harmless said city, its officers, agents or reuresentatives from all cost,
<br />expense, payment or j�;dgrr.ent recovered in con.recti:on v.i!t such claim or claims, action or actions. And f
<br />within ten days after qny sltzh action is begun, t'.ie city shall r-otify; the contractor of the pendency they ^f,
<br />then airy judgment rendered a.gYir_st the city shall be conck si. �e a.cai:ist the contractor and against the surcLv
<br />tar{ his construction bond, as tt)AA -—nic'ililt, lfa —:'ji and C`� .r matters p rtairing theretar,
<br />a- ce.._ractor agrees to mai.:tain said improvement a :c ;,iake such repairs as may 1,e neces6ary :
<br />the�period and in the manner as fixed by the specifications, and to secttre the mainteninct andtrepair-there-,)l.
<br />to file with t'.-te Board of Public Works a bond tv;th sufficient surety thereon and in an amount as fixed by -the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond iha! Ile
<br />subject to the saine,liability to the city and anyother person for any injury or damage to any person or p oA
<br />erty in the same manner and to the -same extent as is fixed in the last preceding paragraph covering the con},
<br />structi oil work.
<br />And it is further agreed by and between said Tart-zes that the acceptance of the work provided fa- n this
<br />contrast, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful performed
<br />ance thereof; nor shall the acceptance be _ptima facie evidence of the performance of.any provision of this
<br />contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all Iabor and materials used or furnished to be used in the making of
<br />such improvemc tt and in- the performance- of this contract; rhethercMr_--orfurmshed 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 Mt= assigns, or out of the amount due him or his assigns upon the completiea
<br />of the work, so much as-man-.cessary to pay all laborers or materiaiL men for amounts due them for
<br />'tt►ec;rk done or materials used or furnished to be used in the performance of this contract and the doing
<br />said work, and the county treasurer, acting as city treasurer, mav retain monev eolie-.ted- from propel
<br />owners assessed for said improvement to pay such debts or untit.the contractor hows that they "vo been
<br />--paid or satisfied
<br />
|