05/15/1917 Board of Public Works Minutes

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558 Continued. Public Improvement��ract THIS AGREEMENT;: Made and entered, into this______---1Qth.- ________ ________ _:___day of $ ------------ -- -------- --- 19-1-7- by and between Hoban & Resek of the County of_ --------- .St_.-__Jss_e-p_3-K--------------------- and State of ------- Snd4"-- (hereinafter referred to as the "Contractor"), and the City of South Bend, in the County of St. Joseph, and State of Indiana, by and through its Board of Public Works, (hereinafter referred to as the "City") ' City"), under and by virtue of an Act of the General Assembly of the State of Indi- ana, entitled "An Act Concerning Municipal Corporations," approved March 6, 1905, and all amendatory and supplemental acts thereto: Witnesseth, that the contractor covenants and agrees to cexstrue t pipe sewer ix FOX_ Straet from Miami Street to Dal& A` C-Rue, in -the'-.,City of Soutla 455 lit. foot of 12" pipe sewer, per lin ft... .....$ 1960 140 lix. feet of 8" pipe sewer, per lip. ft.......... .50 224 lix. feet of 6" a oxauit pi e, -per lix ft ........ . 65 24 lix. feet of manholes, per in 3't.........'....... 4.00 6 storm wager grates, 5.00 2 manholes, curbs ant covers, each......... ,... 11.0( and to perform all work in the prosecution of said improvement under and according to the terms and conditions of Improvement Resolution No. ---- 5-01-------------------- adopted by the Board of Public Works ---- Mar-ch__27.,1917 and the plans, profile and specifications on file in the office of the Department of Public Works, which said resole tion, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in, the prosecution -of said work all proper skill and care will be exercised; that he will properly guard and protect all excavations and dangerous places, and will use all due and proper precaution to prevent injury to any person or property; that in the event of .any injury or damage resulting from the work or resulting from any matter or thing connected therewith or arising there- from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability therefor; and in the event of any claim or claims being made or any action or actions being brought against the city by reason or on account of or growing- out of said work or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, its officers, agents or representatives from. all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if within ten days after any such action is begun, the city shall notify the contractor of the ptndency thereof, then any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to the amount, liability and other matters pertaining thereto. And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file - with the Board of Public .Works a bond with sufficient surety thereon and in an amount as fixed by the specifi- cations. And in doing such repair work the contractor and the .surety on his guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to any person or property in the same manner and to the same extent as is fixed in the_last preceding paragraph covering the construction work. And it is further agreed by and between said parties that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful performance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for -all labor and materials used or furnished to be used in the making of -such improvement and in the performance of this contract, whether done or furnished for him, or: his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of the contractor or his assigns, or out of the amount due him or his assigns upon the completion of the work, so much as may be necessary to pay all laborers .or material men for amounts due them for work done or materials used or furnished to be used in the performance of this. contract and the doing of said work, and the countytreas- urer, acting as city treasurer, may retain money collected from property owners assessed for said improvement to pay such debts or until the contractor shows that they have been paid or satisfied.