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<br />Tuesday June 13th., 1922. Continued, I
<br />PUBLIC IMPROVEMENT CONTRACT*
<br />TBIS AGREEMENT) Made and entered into this loth. day' of June 1922 by and
<br />between Hopan & Roach p the Count of St. Joseph -and State of Indian (hereinafter r ferred
<br />t s t e Conti etor and th Ci o S u in i th Count St Jose h and
<br />�a I ana an �hro hh is B�arj _ u �CSorRs here fir f ree t s
<br />he � t� , ua?ide ' and by Rkue of an Aci -o e Gen oral ssemb� o `tie ate og ndiana,
<br />entitled An Act Concerning Muni-c-i�1. -C-oxp-orations, approved March 6,1905, and all
<br />amendatory and supplemental sets thereto:
<br />Witnesseth-, that the contractor covenants and
<br />aggees to construct Pipe sewer on Lon ley Avenue from Colle e Street to Johnson Street, in
<br />:he City of South Bend, Indiana at an, for the following prices:-
<br />415 lin. ft, of 12" pipe per lin ft................$2.50
<br />266 lin. ft. of 10" pipe per lin ft.:.............. 2.40
<br />110 lin. ft. of 8" pipe per lin ft................ 65
<br />322 lin. ft. of 6" conduit pipe per lin ft..... .,,.1000
<br />30.4 lin. ft. of mamholes per tin ft...... ...'.......7.50
<br />6 storm water grates, each........... ...............9.00
<br />3 mahholes curbs and covers, each..................15.00
<br />alfd to perform all work in the pro€accution of said improvexq,.nt un4cr arA ae- ;g to the Maas We dl CQZ.-
<br />ditiono of 1mgfov#most Rnamistion, No, _9.7.E ' . adopted by the Ue�afc of Pu} .....
<br />lic Werkn.Apr:il ,18, 922 .
<br />And the plan#, profile and spe:ciflcations on file ,n the office of the Depa. tment of Public Works, which said:
<br />resolution, plansprofile and specifications are made a part hereof as fully and effectually as if copied and
<br />sot out heroin at full length,
<br />The Contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and Cara will be exercise::; that he 7M -r-on-` d p o 7- all excavations and -dangerous places,
<br />and will use all -due and pro". r precaution to orn-„::t ,-,lu-v .,, Iry person or p cn,2rty; that in the event 4l
<br />anInjury or damage resulting from thew-: or frnrn a y ., tter or thing connected therewith or
<br />ar6ing therefrom, to any person or property, h-. •-• li nay are !i(i:iidate the same at his own expense, and as.
<br />Puma the liability therefor; and in the event of any c'_aim or claims being made or any action or actions being
<br />brought against the city by reason or on account of or growing out of s _id work oi- its construction, the said '
<br />contractor Will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />all raspacts fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />pansa, payyment or judgment recovered in connection with such claim or claims, action or actions. And if
<br />WI thin tan days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />thwA arty 3udgwtnt rendered against the city shall be conclusive against the contractor and against the surety
<br />cu Itle wkstruction !�_ mil, as w tb xss:•, ,: �t, H-` ii�y and oth;s matters pertaining thereto.
<br />And the contractor agret—z to ma;Lt"ir, sa" izrr0o -ernent and make such repairs as may be necessary fo,
<br />the period and in tk;; traanrer as fixed lay t-he sr?cilcations, aid to secure the maintenance and repair thereof
<br />to file with the Board of Pa i;: �d txkc a land w;tti sufficient surety thereon and in an amount as fixed by the
<br />apecihcationfi, And in doing sack- iep«ir wbrk the contractor and the surety on his guarantee bond shall be
<br />§object to the sar..e liability to the city- anat any o &er pers_-A for any injury or damage to any person or prop-
<br />erty in the same manner and to the :lure erteut as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />A it is further agreed by and betweem paid rmrt�es that tke acccl.ta*ce of the work provided for in this
<br />Contract, or the payment thereof, shall not era�t-� e a w-airver on the part of the city of any of the provis-
<br />ioits of this contract, near shall it rcicxe said Fr the sureties o$ his bond for the faithful perform-
<br />ance th®reef ; nor shall the acceptance be pri _ _t evirdence of the perform':ance of any provision of this
<br />Contract, except to the extent Of entitling t1te c : tr tar to the contract price therefor.
<br />The contractor agrees to pay for all labor and wtatrrials used or furnished to be used in the making of
<br />ouch improvement anti in tl'ie performance of this coati -act, whether done or furnished for him, or his agent,
<br />a@signee, successor'or'subcofitrac'tor'; and the city may reserve out of any allowa'rice wade on any estimate
<br />in favor of the contractor t)f Nk °assigns, or out of the amomit due him or'kis asligns upon the completion
<br />of the work, so r iuch as may icessary to pay all laborers or raateriai lien for amorants due them for
<br />work dome or wa,teris.ls used or furnished to be used in the performance of this conntract and the doing of
<br />said work, and the county treasurer, acting as city trexs;x,- er, =ay retain honey courted from property
<br />owners assessed for said improvement to pay suck cl._.bts cr i4ne _':rlo that they hove b
<br />Paid or satisfied
<br />i::e co.,t a >c� agrees to remo a_!( ni'; =sh, ear*.h, and un:sed ntatcrial in S-x streets ,,>r va-k:i
<br />upon the completion of .the irrinrovem,--lit or the repairing thereof.
<br />The work of making sucit improvement shall be completed acecr Ong to tie tegti:� a►f scam:
<br />beforethe-- -------------------------------•---------------------------day of
<br />unless the time for the cor::pletion of the s2cP shall be ex-tencled ill writing by tine Board of Ful/if'e Works.,
<br />And it is agreed that any such extension of time, or any alteration of this contract or of the manner or meth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his suss -
<br />ties,
<br />It is agreed that the contractor shall not assign this w-:s ract, or sub -let the work or asy part thereof to
<br />be done hereunder, without the written cons.-nt of the L.;ard of Public Works.
<br />It is further agreed and stipulated that tin contractor shall give to residents of said city and cxmatypreference in the employment of all labor necessary in the performance of this contract, and faiNng to dD so,
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be done and
<br />perfarrued by said contractor- the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lected and p,,aid tQ said contractor Mi the manner fixed by the statute governing the . making of such improves
<br />r.7w�s. _
<br />Te 006P, of the oeee&itiess and stipulations of this contract, including all and singular the provisions and
<br />i`,m ?s t4 tiae plans, profile, specifications and resolution afe+resai0, tl.s signed. hinr}s hiuzs41f or itsolf,
<br />rrcPective succx' s;&ar or :pi,g s of queh parties.
<br />IN TESTIMONY WHEREOF, We, the foregoing named parties$ hereunto
<br />set our hands this 10th, day of June 1922.
<br />CITY OF SOUTH BEND, INDIANA. HOBAN & ROACH
<br />BY L. B. SLAUGHTER BY M. J. ROACH
<br />L. P. HARDY Contactor.
<br />ALBERT F. HONER.
<br />Its Board of Public Works.
<br />
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