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-PUBLIC IMPROVEVIENT CONTRACT. -
<br />THIS AG.REMNT, Made and entered into third. 18th,. day, of April�,191-1 by
<br />and between- Hoban. & Roach of the County of St. Joseph, and State of In iana, (er.eiaafter
<br />referred. do as -the " Contractor" ), • and the City of South; Bend, in _the' County of St.
<br />Joseph, and State of .Indiana, by and .through its Board`;of Public works, '(hereinafter
<br />referred to as the City " ), 'under "and -by virtue of an Act of the General Assembly
<br />of the State of Indiana, entitled " An Aet Coneerning Uun c ipal Corp®rat ions, " approved
<br />March 6,1905, and all amendatory and 'Suppl-emental acts thereto:
<br />Witnesseth, that the
<br />contractor covenants and agrees to construct pipe sewer -on Dayton'Street from Leer
<br />Street to 1st alley eadt of Clyde Street, In the City of South Bend, Indiana at and for
<br />the following pr ices: -
<br />368 tin, ft. of 12� pi-pe-sewer, per tin ft. ..........:...�1.55
<br />328 t in. ft-. of 10 per. t in ft ................. . 1.35,
<br />90 " " _of g-" " " per lin ft.................. .40'
<br />346 flin. ft. of -6" :conduit pipe:, per lin ft.................. ,60
<br />19.3 manholes, per lin Ft........ ............................ 4.00
<br />4-storm water grates, each .......................... ... 6.00
<br />2 manhole, curbs and covers, each ..........................12.00
<br />and to perform all work in the prosecution of Said improvement .under and according
<br />to the terms and c and it ions of Improvement Resolution No. 486 adopted by the -B®ar. d of
<br />Public works February 27th. , 1917 and the plans, profile and snee if icat ions on. file
<br />in the office of the Department of Public 19orks, which said resolution,, plans, profile
<br />and specifications are made a ,part hereof as fully and effectually as if copied and. set
<br />out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prose-
<br />cution of said work all proper skill and ,care will be exercised; that he will properly
<br />guard and protect all excavations and dangerous places, and will use all due and proper
<br />precautions to prevent injury to any persons or property;; that -in the, event of an.y
<br />injury or damage resuling from the work or resulting from any matter -or thing connected
<br />theredith, or arising there from, to any person or property, he will pay and liqui94e
<br />the same at his own expense, and assume the liability therefor; and in the event
<br />of any claim or claims being' made or any action or actions being brought against the
<br />City by reason iDr on account of or growing out of said work or its construction, the
<br />said contractor will at his own expense defend the same, and will pay any judgement
<br />recovered therein, and will in all respects fully indemnify and save harmless. said City,
<br />its officers, agents '"or representatives from all cost, expense, payment' or' judgement
<br />recovered in c onneet ion with such claim and claims action or act ions; And if within ten
<br />days after any such action is ..begun; the .City shall notify the. contractor of the pendency
<br />thereof, then any judgement rendered against the -City shall be conclsuive against the
<br />contractor and against the surety on his construction .bond, as to the amount, liability
<br />and other matters pertaining -thereto.
<br />And the contractor agrees'to maintain said improvement mad make.such
<br />repairs as may be necessary for -the period and in the'manner as fixed by the spftifi-
<br />cations, and to secure the maintenance and repair thereof to file with the -Board of
<br />Public works a bond with suff icent . surety thereon and in a mount as fixed by the specifi-
<br />cations. And in doing such repair work the contractor and the surety on his quarantee
<br />bond shall be -subject to the sable liability to the City -and any other person or -any
<br />injury or damage. -to any.person or property.in.the same manner - and to the same extent as is
<br />fixed in the last preceding paragraph covering the construction work..
<br />And _it is further . agreed .by and between said patties that the acceptance of
<br />the work provided for in this contract, or the payment thereof, shall not .constitute
<br />a waiver on the part of the City of any of the provisions of this contract, nor shall
<br />it release sa-id contractor or the. sureties on..his bond for the faithful performance
<br />thereof; nor. shall the .acceptance be prima fact* evidence of, the performance of any
<br />prov-is ions of the-c-ontract, except to the extent of exit itl ing the c ontraetor , to the
<br />contract -price therefor.
<br />The contractor agrees to payfor all labor and materials used or furnished
<br />to be used in the making of such improvement and in the oerformance : of this contract,
<br />whether done or furnished for him, or his agents, assignees, successor or subcontractor
<br />and the City may resetve< out of 'any allowance made 'on any estimate in -.fsvor of, the
<br />contractor or hiss assigns, , or out of the amount due him or his assigns upon the com-
<br />xaletion of -thw,work, so much as may be necessary to pay all laborers or material
<br />men for the amounts due them for work done or materials used or furnished) to be used in the
<br />performance o-:- this contract and the Going of said work, and the county treasurer, acting
<br />as City Treasurer, may retain money collected from property owners assessedfor said
<br />improvement to pair such debts or until the contractor shows that they have been paid
<br />or satisfied.
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