|
I` vol I
<br />+ 101 !� # an& catgu t 141% a 'i
<br />�" `ts=FY#`trrrrr� 3010,.•a btr &ad Utima
<br />I, Wt S&aples
<br />�(p St. Joseph Indiana
<br />00,
<br />tRRttttttittatssa..... and Btfits
<br />ow, 41mvp Vo amid to an the ' t Contractar r +) , ad H n
<br />�����, and Mate of Ii� �!
<br />4041,or referred to as the. { 0 -t
<br />I A@mb y of,sl.e state of Indiana . entitlad � � ,
<br />1t�0411 approved Larch 6, 1995, and all 4,6
<br />WitnessA th, that the oentractor covenants and agrees to
<br />eehotruct pipe sewer on Wetstor Street from Indiana Ave. to Prairie Avel ulo
<br />under Improvement Resolution . 119i. In the City of South Bend, Indiana
<br />*i, and For the following priees.
<br />365 lint ft. of 12" pipe per lin ft. .$2.50
<br />195 lint fit of 10M pipe per lin ft.
<br />2.25
<br />60 lint ft. of $ " pipe per lin ft. •90
<br />160 lint ft. of 6 house connestions per-lin ft. 1.00
<br />22.5 lis, ft. of manholes per lin ft. 8.00
<br />5 storm water grates, each 10000
<br />2 manholes curbs and covers, each 18.00
<br />and to perform all worn in the prosecution of said improvement under and according to lho terms and Cori.,
<br />ditions of txtprovement Resolution No... .__._._.__, adopted by the Board of Public WoritiftL ae l 23 t
<br />and the plans, profile and specifications on file in tbi office of the Department of Public Works, wbtch
<br />tesolution} plans, profile and specifications are made a part hereof as fully acid effectually if copied and .
<br />set out Herein at full length.'
<br />The, contractor further expressly covenants and agrees that in the prosecution of said wotc all proper
<br />1
<br />skill and.care ti�i'.T lie exercised; that he -�-�'l ; ��� -' `"r ��_� �- o*^{'t all excavations and dangerousplaces,
<br />and will, use all due a.rd proper precaution tc or:v t inju';'v ro ..ry person or prc^erty; that in the eve tit Qf
<br />any injury or damage resuttmg.frcrae-ie ti *�r: cr r� �1 is Eton: a=.v m'itter or thing connected therewith or:
<br />arising therefrom, to any pers-i or property, he t--ti! ^..v ar'^�;c,-safe the same at Kris own expense, and
<br />sume the liability therefor: and in the eve*:t of any clair-i or claims being made or any action or actions beingg
<br />bro:ight against the city by reason or on account of or growing, out of s-.:dv ork or its construction, the, sai3
<br />contractor will at his own expense defend the same, and vn11 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, payment or judgment recovered in connection with such claim or claims, action or actions, And:, if
<br />within ten days after any such action is begun, the city shall notify the contractor df the pendency there&(,
<br />th>n any judgment rendered against the city shall be conclusive,.against.the contractor and against the.auretay
<br />an his construction bond, as to tb=, amount, -liability and other matters pertaining thereto.
<br />F.nd the contractor agrees to repairsgain said innprovement,at. =•.n=-e �u�tt repairs as tray e ;.
<br />the period and in the manner as fixed by the s1 educations, and to serurc she A?aiUteA&Tlt;l, and h
<br />file with the Board of Public Works a bond NVIth sufi'icient aura th@t'ten l+yidfn �il.alfltitllit §�� �
<br />specifications. And in doing such repair work the contract®t^ &ttd lid Atlr�t� ®n his ItmitmAtt Nii � a �
<br />subject to the same liability to the city and any other person for ally injury dr da%&gli to lttllj p OMA 6P PF#q°
<br />erty in the same manner and to the same extent as is fixed In the list pff0ding paNlfraph.COV"lhg t"d NO;;
<br />atruction work.
<br />And it,is further agreed by and between said �+ art°,ae that the atalptai " Of the W6fl€ f6 jdtd t�f jfi- t
<br />contract, or the payment thereof, shall not constitute a waiver Ott file paft 6f th@ titY d afty 6t the eft"
<br />Iona of this contract, nor shall it rzl-ea:4e said contractor or the sureflei Oil big h6fid t6f tft§ filit"it peffdfffl'
<br />Alice thereof; nor shall the acceptance be prima facie evidgnce of the fiertaffuail"'tit lt* pf tldif df this
<br />cwtract, except to the extent of entitling the contractor to the Cantfact Alice tberetbt,
<br />The contractor agrees to pay for all labor and material ti"d of filrnithed $6 Ate toed jf1 the fiiAMt bf
<br />such improvement and in the performance of this contract, whether done of ftlfifished fef hint, his etatl
<br />assignee, successor or subcontractor-, and the city may reserve Out of fitly Mlowance toad# im stj egillmo
<br />in favor of the contractor or 1- assigns, or out of _ the amount due shin Ail' big i<ssisns tf0it ftia lO di'dil
<br />of the work, so much as mat cessary to pay all laborers or waiter4i men fbt" ath6 rdo life AM "idt
<br />Mork done or materials used or furnished to be used in the pafftiftnafiab of tide tMtt"t ft'd the doinig
<br />di
<br />Wd' work, and the county treasurer, acting as city treasurer, may letalli famiev eoiSe 1ted itl5iti 1' 'et' .
<br />owners assessed for said improvement to pay such debts cr anta iM111"t-# , tNY hi
<br />paid jr satisfied
<br />1'ie cont--a- c_ agrees to tome all rub' Ash. earth, and nwisO JWMAAR ttiE St;eel leAl
<br />t1pon the completion of the improvement or the repa,ri;q `ibiw(4.
<br />The work of making such improvement shall be cot a lei and 40e0lRPf % thq JeYF14 1# ty1% *% jq
<br />.. --
<br /><c;1i?esg fhe time for the completion of the sar-e shall be extended it, W!Offi h t?ls; oaf �p ll g
<br />And- it is agreed that any such extension of tilne. or any al#ery ion of this teatiaet. 10f of the lfla8n�f 8F lff
<br />od .bf doing such work shall in no way affect the duties, obligationa O€ llablikit§ of tht, t®?1€R08-lr 10 hi§ MaRz
<br />ties;:
<br />It is agreed that the contractor shall not n.ssign this r = traet, or mili=lsf fill? wofk Of ally $a14 thtf@8t fd
<br />6t don@ Hereunder, without the written cot.:; ant of the Beard of piiUi� Wof6.-
<br />It is further agreed and stipulated that tie contractor shall &@ to fe§id§il€§ 6f mid 64V slid p€ititift
<br />pf0@relic@ In the employment of all labor necessary in the perlorrriaf a Of thi§ &@lit€aft, and hMifiiff €d d6 §8;
<br />ihall forfeit to the city the sum of ten dollars for each failure to ob€erve €w§ Wpu1a€i6€l:
<br />And upon the performance of all the terms and conditions of thl$ egnt€aet.- Acid €Bill#0 to h8 dome -$lid
<br />prformtd by said contractor the said city agrees to cause the Gist of doAng §#oh wqk- f@ be rise§§eel; col=
<br />lowtd a" Vita to Said contractor to the manner fixed by the attatitej g6v6rhitig Rio-1 l9 df §6,6h hfiftd0i
<br />To nek of tht conditions and stipulations Of this contract. including ah and f4n9iddf th — provision§ Af
<br />- i a of tht plus, profile, specifications and resolution a oresa d, tho it d M116 hi seii Or rt91A
<br />mild Akit p&.dvt sumessor or assigi s of such. parties.
<br />
|