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14th.. 1923.
<br />public Improvement Contra&._ _
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<br />lid# Made anc't, ezxlrarecl .nth 1h1&wmwwmm
<br />by ;�#°. f . f.• . ## .•.ii arc' bi°btlife8j Hoban & `Zoa c
<br />y �S Jose }� hnc�ia
<br />9�a0=ty.� � ...... i • • • .. #�'i�• .. a ...and State of .. • ...• • + . k • .i7. o ..e r«'1-s.:wrl7.ee-..'r. �*s'.[�f
<br />Ot and the City of South Bend, in
<br />ereiu ter ,referred to 'as the ' `Contractor'''} ,
<br />04 00=ty of St. Joseph, and State of Indiana, by and through its Board of Pnblfo
<br />fhb (hereinafter referred to as the; ` `City") , under and bar virtue of an Act of
<br />Qgmeval Assembly of the State of Indiana, entitled- ''AuActQQ bxAinJKuniai-
<br />, pox bons," approved. March d, 1905, and all. amendatory and, suupplo=utali
<br />Wit,nesset►h, "that, the contractor covenants and agrees to
<br />construct pipe sewer on Humboldt Streelr from Cleveland Avenue to 164 Feet,
<br />east,, in the City of Sough Bend, Indiana Wit, and fbr the Following prices:
<br />• . ,
<br />. 1180 lin. ft. of �"' inch pipe •paver .perlin ft,, $1.00
<br />,213 fin. ft, of l0" pipe sewer per liz ft. 3.00
<br />38 lin. ft. of 8" pipe sewer per lin ft. .6
<br />11.5 fin. ft. of mallhol•es per lin ft. 3,00
<br />2 storm water grapes, each 9.00
<br />i manhole curls and cover, each 18.00
<br />anti to pertornn all work in the prosecution of said improvement under and aceorAing to the. teriAta atAtl couq
<br />ditions of Improvement kesoli"ition No.adopted by the Board of Public 't7YtatkL_jtliw...Sth,.1923.
<br />and the plans, profile and specifications onMe in the office of the Department of Public Works, t bich &said
<br />resolution, plans, ,profile and specifications are made a part hereof as fully 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 said` work. a11' praper�
<br />skill and care A-ci11 be exercised; th!�t he 1.7411 prop, r,`r ar .and p=o`'ct all excavations and dangerous palaces,
<br />and will use all due a.rd proper precal-Ition tc`pr -_ •1,?•:v to :±iy person or prc^erty: that in the event r),f
<br />any injury or damage resulting from the wor'' or res ulti .g from anv Tratter or thing conne^ted therewith or
<br />arising therefrom, to -any person or property, he 7— hav aril liclwidate the same at his own .expense, and as-
<br />sume. the liability therefor ;.and in the.eye:4 ,of any clair_-i or claims being made or any action or actions bring
<br />brought against the city by reason or on account of or growing out of sid work or its construction, th- sail
<br />contractor will. at his own expense defend the same, and v: All 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: connectigrl V.,iith such claim or claims, action or actions. And 'f
<br />within ten days after any such action is begun, the city shall notify the contractor of the per_dencir ther^ot,
<br />thin any judgment rendered against the city shall be coj,clasive against the contractor and against the surer?
<br />qu his construction bond, as toth- amount, liability and other matters pertaining rh veto,
<br />grid the eoncrac,or, agrees to maintain said ill ipp'roven ent and shake such` repairs as tray be. necessary fvt
<br />the period,and in the manner as fixed by the SK"elficat! ons, and to secure floe maintenance and repair theregf
<br />to file wit& the Board of Public Wiirks a bond with sufficient suret&&ereon and iit an amount as fixed by: the
<br />specifications. And in doing such repair work the contractor aid thf aunty cnids*varantee.bpnd shalt tpe
<br />iju*ct to the sane liability to the city aad any, oilier gerson for any Jnjury or damage to any person or prop-
<br />arty in the same manner and to the same extent as is fired in the last preceding paragraph covering the can-
<br />istrUetlon work,
<br />And it is further agreed by and between said-par6es that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shalt 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 routraetor or the sureties on his bond for the faithful perfortr}
<br />ance thereof; nor shall th'zo.`a.cceotance be prima faclCevidence of the performance of any provision of this
<br />contract, except to the exrenf'.of'entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnssifed to be used In the snaking of
<br />such improvement and in the performance of this contract, whether done or furnished for h6i 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 assigns, or out of the amount due him or his assigns upon the'completion
<br />,ef the x:•ork, so much: as inay �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 county treasurer, acting as city 'treasurer, may retain money eolle-.ted from property
<br />inners assessed f+w said i*xprwseme#t to pay such debts or until the contractor Ao" that they lava beer
<br />-raid nr satisfied
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