|
58
<br />Tue l _22xd• 1917_,--- s& ieuasi-
<br />C
<br />Public Improvement Coot=ract
<br />THIS AGREEMENT, Made and entered into this:_-_ __.._2 ._____ ________ _________ _____ ____ _day
<br />of -------- -------------------------------- -------- -------- 19 --- 7 , by and between L. H. Webster
<br />of the County of_ ------------- St.--_ese_p----------------- and State o---------------ljLd-tags..--------------------- _
<br />(hereinafter referred to as the "Contractor"), and the City of South Bend, in the County. of
<br />St. Joseph, and State of Indiana, by and through its Board of Public Works, (hereinafter referred
<br />to as the "City") '
<br />City"), under and by virtue of an Act of the General Assembly of the State of Indi-
<br />ana, entitled "An Act Concerning Municipal Corporations,". approved March 6, 19o5, and all
<br />amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to eexstruct Trunk sewer
<br />1 xd a3 ag Hlgk Street from Bowaaa- Street to i�ig A�teat�e, Ear zg
<br />ue Erma H3gk Street to Miami Street, u.itreet Iaroa ,Ewi A*e,
<br />e-llke Zolt -pity Limits, Doiald Street froli Hick street, to:..k sai
<br />t et, .Fox Street from Miami Street, to-lui& Stroet , Al-tgeld: SV:teet
<br />- r Mimi street to west line of -WO-Idle
<br />r a 1 Il; Vietoris Strut
<br />r.i Sweet to West ire a ®f lPe dler' w Ait ice, acid t]e first
<br />ti l r West of Dale Avenue free Ewing ewe t �.etdria ;Street, -kxo as
<br />v
<br />*street and, Ewing Ave-'kue , Trunk sewer syntax, in tke -`City Of -you
<br />�sa�d:, 'end°a-•
<br />to ,
<br />at arrd for the following prices:—
<br />1371 lint feet of 33" circular sewer, per lix ft. usix -
<br />v itrif ied pipe,, per l is ft... • .. • .. • • , . • .... • 7. 7©
<br />=482 11-z. ft. of 22" circular sewer, per. l x ft.us ing
<br />vitrified pipe......'.•........• ................•.•.. 3,02
<br />1833 111- 'feet of 15" pipe sewer,, per lie ft. i ....;. 1.90
<br />3479 lin. -feet of 12" pipe sewer, per lx ft. • . •,• . • • i, 1.50
<br />1045 lix ft. of 8" pipe sewer►, per 1. ft....... a •`..
<br />5144 lix. feet tf 6" pipe sewer, per 1 u ft• • .......... .60., v
<br />310 lint feet of maskoles, per lin ft. •S.Da
<br />49 storm water grates, eack. • • , • \• . • • 1 • • • i i • 7i 5
<br />22 aaakoles, curbs and covers, e.ack...................15, 0
<br />and to perform all work in the prosecution of said improvement under and according to the terms and conditions
<br />of Improvement Resolution No. --------- 5.Q3--------------- __ adopted by the Board of Public Works__Mar;,2a#, ,y_];_ 7
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, which said r.esolu-
<br />tion, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein
<br />at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper .skill
<br />and care will be exercised; that he will properly guard and protect all excavations and dangerous places, and will
<br />use all due and proper precaution to prevent injury to any person or property; that in the event of .any injury
<br />or damage resulting from the work or resulting from any matter or thing connected therewith or arising there-
<br />from, to any person or property, he will pay and liquidate the same at his own expense., and assume the liability
<br />therefor; and in the event of any claim or claims being made or any action or actions being brought against thg
<br />city by reason or on account of or growing out of said work or its construction, the said; contractor will at his -
<br />own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify
<br />and save harmless said city, -its officers, agents or representatives from all cost, expense, payment or judgment
<br />recovered in connection with such claim or claims, action or actions. And if within ten days after any such
<br />action is begun, the city shall notify the contractor of the pendency thereof., then any judgment rendered against
<br />the city shall be conclusive against the contractor and against the surety on his construction bond, as to the
<br />amount, liability and other matters pertaining thereto.
<br />And -the contractor agrees to maintain said improvement and make such; repairs as may be necessary for the
<br />period and in the manner as fixed by the specifications, and to secure the maintenance and repair thereof to file
<br />with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi-
<br />cations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject
<br />to the same liability'to the city and any other person for any injury or damage to any person or property in the
<br />same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work.
<br />And it is further agreed by and between said .parties that the acceptance of the" work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisions of
<br />this contract, nor shall it release said; contractor or the sureties on his bond for the faithful performance thereof;
<br />nor shall the acceptance. be prima facie evidence of the performance of any provision of this contract; except to _
<br />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 . e used in the making of, such
<br />improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee,...
<br />s-uccessor on subcontractor; and, the city may reserve out of any allowance made on. any estimate; in' favor of,the
<br />contractor or his assigns, or" out of the amount, due >him or his assigns upon the.coinpletion of the work,. so
<br />iuchAs may -be necessary 'to pay all laborers or material men -for amounts & eahem -for worWone or inateriaFs
<br />used or" furnished to be -used in ilie--performance of .this contract: and�:tlie doing; of said` work„and the county, treas -
<br />user, actine .as; city treasurer, may retain monev collected from.nrovertu owners -assessed for said improvement _ ,
<br />
|