|
2-1
<br />PUBLIC 324PROVEMEITT ROIL
<br />This Agreement , Made: and entered In
<br />19L9 by and between George A.-Harrop of the, Count
<br />(hereinafter raferred to as the "Contractor"), and
<br />County of St, Joseph, State of Indiana, .by and th c
<br />(hereinafter referred to as the " City"), under aid
<br />Assembly of the State of Indianam, entitled " An J c
<br />approved March 6,1905,, and all amendatory and sup l
<br />Witnesseth, that the contractor ,cov
<br />pipe sewer in and along Kendall Street from Indi a
<br />City of South Bend, Ind ianal at and for the: foll i
<br />496 lin-1 Peat of 15 inch pine sew 11
<br />763 lino Peet of 12 inch pipe s aw;r
<br />208 lin. Peet of 8 inch pipe sew r
<br />812 ;in. feet of 6 inch pipe sews r
<br />57 liei. feet of manholes, per tin t
<br />10 storm water grates,
<br />5 manholes curbs and covers, each..
<br />and to srforns an iyorit In the Rrosecu on ol said im ro mment
<br />ditiona -Improvement Ittsdhitlon moo, �_ I _��------. a�o1e l i
<br />and the plans, proiile'axid Cigcation"s en fire in the office of the
<br />resolutiozl, pl&ti9, ro�xle aspec#fications are made a part -here(
<br />set o t 'herein at full length.
<br />he Contractor further expressly covenants and agrees that
<br />AM and care will be exercised, th t he -*11 n one : r. d p
<br />kind: will use all -'due and proper pn2ca.ition to preve-.nt injury m -ar
<br />all injury o
<br />injury or damage resulting frcm. th,2 t» or res ilt— from
<br />ar, ding therefrom, to any persn or property, he 7--11 pay a-i Hsu.
<br />surne the',, liability therefor; antf'iitthe.event of any, clairt or, claim
<br />brottght against the city by reasca or on account of or grotvpig c
<br />eotttrsct w wiH,* his own expense defend the same, and will pay'
<br />all respects fully indemnify and save tarm2ess said city, its office
<br />txpense, payment or judgment recovered in connection with suel
<br />within ten days after any suikaction is begun, fhe city shall not:
<br />fho n atiy judgwent rendered against the city shall be conch+sive a
<br />(on k1a instruction boad, as to t% ;mount, liAility and other ma
<br />And the contractor agrees to maintain said impro inent and
<br />the eriod and in the manner as fixed by the -specifications, and ti
<br />to file with the Board of Public Works- a bond with sufficient sut
<br />specifications. And in doing such repair work the contractor an
<br />subject to the same liability to. the city and any other person for i
<br />erty in the same manner and -to the same extent as is fixed in the
<br />struction work,
<br />And it is further agreed by and between said parties that the
<br />contract, or the payment thereof, shall not constitute a waiver
<br />ions of this contract, not shall it release said contractor or the s
<br />ranee thereof; nor: shall the acceptance be prima facie evidence
<br />contract, except to the extent of entitling the contractor to the
<br />The contractor agrees. to pay fear all labor and materials use
<br />r such improvement and in the performance of this contract, whet:
<br />assigaep, successor or subcontractor; and the city -may reserve
<br />in fayst of the contractor or'r4t, assigns, or out of the amount
<br />of the work, so much as ma; cessary to pay all laborers oa
<br />tv®ric done or materials used or furnished to be u3eci in the pe
<br />said work, and the county treasurer, acting as city rtreasurer, n
<br />owners assessed for L said improvement to pay such debts or -un-ii
<br />paid or satisfied
<br />tie- c0tt7 a- -.c, : µ& ees tQ rerno- _ ail rube?=h4 earth, and tin*.
<br />Itpon the completion of1he improvement or the -repairing; there,
<br />a
<br />The work of making such improvement shall be con .pier ed F
<br />before -the ........ s....... .........._......... -•----- - �'-day of_ -----
<br />..
<br />unless the time for the completion of the sari shail;be extendec
<br />And it Is agreed that any such extenzion of time, or any alteratio
<br />od of doing such work shall in no way affect the_ duties, obligatic
<br />ties, ,
<br />It is agreed that the co ,train tor shall-t assign this contract
<br />be done hertundet, vvitho-,+'thP wri4`en c se t of the Board ci
<br />It is further agreed and stipulated that +tee contractor shal
<br />preference in the employment of all labor i;gcessary in the per#c
<br />shall forfeit to the City the sum of ten dollars for each failure t
<br />And Capon the performance of aIf the terms and conditions
<br />pperformed by said contractor the said city agrees to cause the c
<br />• it; eted and paid `to said Contractor in the manner fixed by the stati
<br />mente.
<br />To each of the. eondiiions and stipulations pf -this contract, in
<br />terms of the plans, profile, specifications and resolution aforesai
<br />t4nd %ho r spcctivc successor or assign of such pasties.
<br />IN TESTIMONY WHBRFOF, W0# bthe f
<br />sat our hands 'this .5th. day of November 1919.
<br />CITY OF SOUTH BEND, INDIANA.
<br />G. A. ELLIOTT HARVEY F. ROSTISER
<br />JOHN F. DEHAVEN
<br />its Board of Public Work&.-__ _ .
<br />• A
<br />o this 5th�. day of November
<br />f St, Jo&eph and State of Indiana
<br />the City of South Bend, in the
<br />gh its Board of Public -Works
<br />by virtue of an Act of the Generl
<br />Concerning Municipal Corporations
<br />mental acts thereto: -
<br />nants and agrees to construct.
<br />Avenue'to Calvert Street, in'then
<br />g prices: -
<br />per lin ft• •# •♦.$3.00
<br />per tin Pt, ....... 1.90
<br />per lin ft..,..... .90
<br />per lin ft.., 1.00
<br />6.00
<br />i •li.!•••••••f•••• 10.-00.
<br />............... 18.0`0
<br />r an4 accordhig to the tcnas slid tots,,,
<br />-Board of Public
<br />artment of Publf'c ,Works which se
<br />lully,'and affectually4a = tt ed and
<br />ie prosecution of v0d words sil prup6r
<br />tall excavations &nd 44nge=4 places
<br />rson or property,; athat in this event ,
<br />:titter or thin�onr':''.c.b d-'th1ft%VI or
<br />L-�•se..sema .st it Vwn-txpense, -end ri-
<br />ng trade or► action or actions
<br />f slt d work or -its cor+ frt!ction, the sa-111-
<br />udgment recovered'ren; arid`till iii"
<br />gents or representatives `from all ceist
<br />m or claims, action or fictions: And 'I
<br />ie contractor of tie pene%ncy then �tof,
<br />;t the contr�tor and agaimit the siiroy
<br />pertaining thereto. ,
<br />:e such repairs as may be necessary for
<br />ure toe maintenance and, repair thereof
<br />hereon and in an amount w tided by the,_,
<br />surety on his guarantee_boii shall
<br />ajury or damage to any persY n. or pivp=
<br />preceding paragraph covering the eor.=
<br />le eptanee of the work provided for to this
<br />in the part of the city of any of the prow=
<br />re ies on his bond for the faithful perfoira.
<br />if he performance of any" provision of this
<br />:)n ract price therefor,
<br />of furnished to ba used in the making of
<br />:r ldone or furnished for him, or his agent,
<br />at of any allowance made on any estimate
<br />ae him or his assigns upon the completion
<br />matenai men fo`r amounts due them for,
<br />formance of this contract and the doing: of
<br />ay retain money collected from property+
<br />the contractor shores that they have bee rl
<br />ed material in ,the trects or tides tlttn'A
<br />:cording to the terms of this contract on or
<br />.•••l
<br />in writitigbytheRoard'ofPubli'cWorks,
<br />of this contract or of the ttiaainer or meth.
<br />is or liabilities of the contractor or.ftis:surd-
<br />or sub -let the. work or any .part thereof to
<br />Public Works.
<br />give to residents of said city and county
<br />manse of this contract, and falling fp do so,
<br />observe this stipulation
<br />this Contract,_ -arid things to be done and
<br />st of doing such went to be ass-govd, r-gl-
<br />:e governing the making of such i pt:eva.
<br />✓ding all and singular the pry 0omi �an4
<br />the undersigned bindR hia•3.�"I or ��.&Of, ,
<br />kegoing: named parties, hereunto
<br />GEO., A. HARROP
<br />Contractor
<br />
|