|
Tuesday June 6th., 1922 Continued,
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This A emene,t -Made a entered into this 2nd. day, of Jun 1922, and
<br />between Hopan & Roagh the ou.nty St ,Josepph an State of Indiana herein'J r referred
<br />to a thhe C ntractor t d the City off'Sou h e. iinfe Cou t o ; Jose ha d - tie A �nd na, � and tl rouiB u liAeks �hh re nt �e re e�rfed A? as
<br />t, e ity un er an byvie ue an Ac o e Generass tmbly o� t o Mate o In ana,
<br />entitled , Ac Conewrning Municipal Corporations, approved March 6,1905, and all
<br />amendatory and supplemental -acts thereto:-
<br />Witnesseth that the contractor ouvaa is and
<br />and agrees to construct psvement on Sycamore Street firom Colfax Avenue to La Salle
<br />Avenue, in the City of South Bend, Indiana at and for the following prices:-
<br />510 cu. yds . of grading per cu. yd...
<br />Inlets complete, each.................................10.00
<br />1775 sq. yds. of concrete pavement per sq, ya:. , ....2.35
<br />and to, perform all work in the prosecution of said improvement mrier and aveor4liyg to the tu"nni asl seriy
<br />ditions of Improvement Resolution No, ...953............. adopted by the Board of Public Worir,_. March �25 91922.
<br />and the plans, profile a.rd specifications on file in the office of the Department of Public, Works, which said
<br />resolution, plansi 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 con+.ractor`'further expresslcovenants and agrees that in the prosecution of said work all proper
<br />skill and care ii�.he exerciG _d; that - he '1 n-on = ...•-d p o`•^ct all -excavations and dangerous places,
<br />and !r0l use a'-! due and prr:T)er pr ca _.lion to or . t ,Stu=y^t� :nv person or Fr,, .arty; that in the event 4f
<br />any injury or damage resulting from- t':.�A �� : or res ,i`,g frnrr a .v m3.tter or thing connected therewith or
<br />arising therefrom, to any person or property he t-- It. nav PT-1 lies,.iidate the sarne at his own expense, and as-
<br />sume the liability therefor; and in the event of any cla r1 or claims being made or any action or action§ being
<br />brought against the city by reason or on account of or growing out of slid work or its construction, the said
<br />Contractor will at hjs own expense defend the same, and will 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.recovemd 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 of the pendency thereof,
<br />then any judgment reodered against the city shall be cenclusive against the contractor and against the surety
<br />on We tisastssxiiaa 1lwd, az is the ariaaat, link y arad otitr matters perit
<br />aining thereto.
<br />And the contractor agrees to maintain said improvement and make such repairs as may be necessary L::,
<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 Pubaiic Works'a bond Vith sufficient surety thereon and in an amount as fixed by the
<br />specifications. And in doing such repair work tUe contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any wilier person for any mjury'or damage to any person or prop-
<br />erty in the same,.manner and to the same extent a-s is fixed is the last preceding paragraph covering the con-
<br />struction work, '
<br />And it is further agreed by and between said parties that the acceptance of the work provided for in this
<br />contract; or the payment thereof, shall not constitute a waiver on the part of the city of any of the �rov:s-
<br />reties oa his bon
<br />ions of this contract, nor shall it release said caIItractor or the sud for the faithful perform-
<br />ance -thereof; nor shall the acceptance be prima facie evidence of the pe forinance.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 labor and materials used or furnished to be' used in tie making of
<br />such. improvement and in the performance of this contract, whether done or furnished fqr him, or his agent,
<br />assignee, successor or subcontractor ; and` the city gray reserve out. of any allowance wade on any estimate
<br />in favor of the contractor or H. assigns, or ant of the amount due hire or his assigns. upon the completion
<br />of the work, so much, as mad cessary to pay all laborers ar reateeriai esi far ,amoifats due them for
<br />Work done or materials, .used ..or .:u nshed 1.i? ba' used in the performance of this -contract and the loing of
<br />said work, and the c.Punty`.tr' asurer, aactil �g. as. city treasurer; rsia retain risoaey ev tsd ft rn property
<br />owners assessed for s,zld improvennelit to pwy gnph'debis or riaai thx "slaas�s *s,t fey have inre
<br />Paid or satisfied
<br />l:ie coat -•a o; ag:-ees to remo--c all ru!)Wsh, earth, and trrue1W nW*W%J it strtaft or �d
<br />upon the completion of the improvemc;it or tfie repairing thereof.
<br />The work of making -.such improveaent shall lie compktet ae; ng to fs terms of til4s eamtrasrt osi or
<br />before the .............................. ..day of...
<br />.., 29...........
<br />unless the time for the comple+ion of the sane shall be eateaeiel In* Wrting by the E��ar.rd`of Pul#ic Workr,
<br />And it is agreed that any such ectengion of brae, or any alteraficm of this contract or -f the leaner or meth-
<br />od of doing such work shall in no way affect the. dsrties, obligztior�s or :lsabslities of tl�e contractor or i�js swe-
<br />ties.
<br />It is agreed that the confractor'sh4H not �.ssign thrs �Mr rar ,or sub` -let the work or, any part thereof to
<br />be done hereunder, withar r the ti ;t :en c.o , t of the b. ril Works.
<br />It is further agreed and stipuIa Ad rh^t r. contractor shall .gi ye to residents of said city and eo'maty
<br />preference in the employm ant of all .tabor necessary rn the pe 1' mince of xh.s cent-act,•atid failing ta�a so,
<br />shall forfeit to the city th,, sum, of ten dor.11ar's for each failure io observe this: sti ulation.
<br />And agog the performance of all :the terms and. conditions 'off this contracts and things: to be done and
<br />erEotsered by said contractor the Said city agrees to cause -the cyst of doing Such' vrork to .be assessed, col -
<br />Ina and lati.'to sail contactor :n flee InaTTA fixed by_ the. statute ggoverntng, tine making of mach Iimp'rovo-
<br />fair.
<br />To so& of the oanditim and st ulatiom .®f this-cagtract, inch 1* all and sr�a }tlar the ,provis cuts and
<br />bass of the plans, profile, specifrcailora and resolution aforesxrdr t tmd igned lxndsF.hsazs F or itsol.f.
<br />tad IN IVAPeCtive successor or atw*"w of such: parties.
<br />In Testimony Whereof, DVe, the foregoing named .parti", hereunto _
<br />set our hands th_i,s 2nd.. day o.f ,Tpne 1922,
<br />' HOBAN & ROACH
<br />City of `South Bend, Indiana. BY M_ : J . ROACH
<br />BY L. B . -' SLAUGHTER Contractor,
<br />L. P. HARDY
<br />ALBERT F: HONER* -
<br />Its Board of Public Works.
<br />
|