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<br />Tuesday November 21st.9 1922. Continued.
<br />Public Improvement contract,
<br />This Agreement, made a d antered into this 20th. day of Bovember 1922
<br />by and between Hoban & poach of .the County -of St. Joseph Caunty, and State of
<br />Indiana (hereinafter referred to as the " Contractor"), and the. City,,,of South
<br />Bend,, in the County of .St. Joseph, and State of Indiana, by and through its Board
<br />of Public Works, (hereafter -referred to as the " Citty");,. under and_ by virtue .
<br />of an Act of -the General Assembly of the State of Indiana, entitled "An Act Concern
<br />ing Municipal Corporations,," approved March 61905, and all amendatory and
<br />supplemental acts thereto:
<br />witnesseth, that the contractor covenazi,ts and agrees to construct
<br />a pipe sewer -on Woodward Avenue from Angella Ave..to_Hudson Ave, in the q,�y
<br />of South $end, Indiana at and for the following prices:-
<br />430 lin. ft. of 10" per lin ft................
<br />245 lin. ft, of 6" conduit pi e`per lin ft............ 1.00
<br />38.75 lin. ft. of manholes Perlin ft...................#7.50
<br />3 manholes curbs and covers, each...,..., ..............20.00
<br />_.,id to perform all work in the vrosecution of said improvement under and according to tho terms and con-
<br />ditions of Improvement ftesolution Rio. ___1QJ6%._......_, adopted by,the Board of Public Works__.S *1 t
<br />and the plans, profile and specifications on file in aide office of the l?epartment of Public Works, which �22 •
<br />resolution, plans, profile acid specifications are made a part hereof as fully and effectually as if copied and
<br />set. out herein at full lengilr.
<br />The contractor further expressly -covenants and agrees that in the prosecution of said worli alrproper
<br />skill and care t i'lhe exerci�2d--th --that he -v=':l property. - rd p'o`t all excavations and dangerous places,
<br />and *-i i use all due and proper prcatltion to prevent injury. Any person or prc--�!�rty; that i•t Ae event gf
<br />any injury or damage resulting from the Ivor'- or resultirU from s.-v !►natter or thing connected therewitTz or
<br />arising therefrom, to any perspn or.lDroperty, he v-t11 nav and Sgri11fAe`the same at -iris own expense, and asp
<br />sume the liability therefor; and in the event of any claim or ctaims beingrnade or any action or actions being;
<br />brought against the city by reason :or on account of .or growing out of s-.id work or its construction, the said
<br />Contractor wilt at his own expense defend the savW,`aud will pay any'judgment recovered therein,: and will in
<br />all respects "fully indemnify aril sage harmless said'! its 6ificers, 4gents or irepresentatives from all, cost,
<br />expense, payt"nt or judgment recovered ig connection with.�eft CWIM or Claims, action or actions. And
<br />within ten days after any such actimi is begun, the (3ty shalt nctifjr the tontractor of the pendency thereof,
<br />then any judgrient rendered ;against the city shall be conclusive againAIhe contractor and against the surer:) -
<br />on his chlstructiora troncl, as to tb„ xmo,-=-A, liability and pfher matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement ai d-naake such repairs as may be necessary i
<br />the period and in the manner as fixed by the sneci5cations,.and- to secure the maintenance and repair• therec,'
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in alft an. fount_ at: fixed by th-11
<br />specifications. And in doing such repair work the contractor and the surety on his .guarantee band shall; be
<br />subject to the'sai_ie liability to the city,and any other person for any injury.::®P daiu€tge t© ally iron or prop-
<br />erty in <the same manner and to the same extent as is fixed in the last preceding -paragraph covering the eons
<br />struction work.
<br />A ;d it is further agreed by and between said part es that the acceptance of the work provided for l# thit
<br />contract, or the payment thereof, shall not constitute a K;aiver on the pant of the it of any of the,provls
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond the, faithful perfbrpr.
<br />ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of . th15
<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 the making of
<br />such improvement and in the performance of this contract, whether done or furnished for him, gr his agent,
<br />assignee, successor or subcontractor; pnd the city may reserve out of any allowance made on an ®irate
<br />in favor of the contractor or = assignis, or out.of the amount due.him or his assigns upon the coletlon`
<br />of the work, so much as ma; -.cessary to pay all laborers or material seen for amounts. dh"_ thom fof
<br />work done or , materials used or - iurnished to be used in the performance of this contract an4 tbe4ofng. 6f -
<br />said work, and the county treasurer, acting as city treasurer, tnay retain nioney collr=tee fr®m pis etc
<br />owners assessed for said improvement to pay such debts or us,til the coutracto sl:Avs that th6y hay6 bsen
<br />.paid gr satisfied - -- - - --- - -- - ---
<br />The contra -or agrees to remo•-e all ;rubbish, earth, and unused material in the streets or Wde3 1,,%0rC% A
<br />upon the completion of the imPrOveMent or the repairing thereof.
<br />The WQTk Of tPaltiri inch ttttprovement shall be completed according to the terms of this OwArait on a
<br />befo�@ 6@.......................... ...... . __day of
<br />gp109 the #i 9 for tit@ COtrbpdetionYof the rsar-e.shall be eJer-ded in g .— .. D= -� Evr t by the Board �Publk %r4,
<br />end it is Itgr0ed that any such s'xtenaion of tim,p, or any altetaa:Hon of this c .ntract or of the sn€ nner or Math•
<br />Od of doing such work shall 61 no way affect the duties; obligations or liabilities of the contractor or his aura -
<br />tin.
<br />It is II -mad that the contractor shall not assign this o `ra-t, or sub -let the work or any part thereof to
<br />hb done heeetitlder, *1419vt the; tivritten co:s:,nt of the Ei ,:,rd of P ':�lic Works.
<br />it it further agreed mid stipulates Oast :" t contractor shall gt -e to residents of said city and povii,y
<br />6firttereflce Ill the eiitploytttcnt of all labor necessary in the performance of this contract, and failing to tl,) Eo,
<br />111 forfeit to the city tha sum of ten dollars for each fail,ire to observe this stipulation,
<br />And upon the performance of all the terms and conditions of this contract, and things to be. done an l
<br />fertbr►vied by said contractor the said city agrees to cause the cost of doing such work. to be assessed, col-
<br />eetttl. hA pald.to said contractor in the manner fixed bar ;the statute governing the making of such Improve,
<br />To t t& Of thtt,tbh&ellons,andetipulations of this contract, including all and singular theprovisions and
<br />hriz14, lot the planii, profile, specifications and resolution aforesaid, tho undersigned MU05 himself or itself
<br />and .wile r4,peetive' successor or assi ,-S of such parties. +
<br />In Testimony Whereof, We, the foregoing named parties,
<br />hereunto set our hands this 20th. day of November 1922, ,
<br />City of South Bend, Indiana,
<br />By L. B. Slaughter
<br />L. P. Hardy
<br />Albert F. Honer
<br />Its Board, of Public.Works
<br />Hoban & Roach
<br />By M..J. Roach
<br />Contractor
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