|
628 ,
<br />Li�sday une,l2th.,19j. Continued.
<br />Public Improvement Contract` -
<br />THIS AGREEMENT, Made and entered into this _________ ______ f:tht--------_.--- ---- ---__--day
<br />of:----- -------- --Tune---------- ---------------------- 19--17-, by and between Hoban & Roach
<br />of the County of---- -------- zt. Qse h----------------and State of_ ----------------- Ind iana. -
<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"), 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 construct pipe sewer in and
<br />alagg Donald Street from Miami Street to Leer ;Street, in the City of
<br />South 'Bend, Indiana,
<br />at and for the following prices:—
<br />796 lin. ft. of 12" pipe sewer, per lin ft...... ..$165
<br />336 Lin. feet of 10" pipe sewer, per lin ft............ 1,50
<br />180 lin. feet of 8" pipe sewer, per lin ft............ .50
<br />800 lin. feet of 6" pipe sewer, per tin ft......
<br />-..., .65
<br />46,3 lin. feet of manholes, per ft. in depth........... 4.00
<br />8 storm water grates, each ..................... :..... 6 oo
<br />3 manholes, curbs and covers, each.....................12.00
<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. -----------518 _____________ adopted by the Board of Public Works_ Apt` il_ 24-,19i7.
<br />and"the plans, profile and specifications on file in the office of the Department of Public Works, which said resolu-
<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 the
<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 apy such
<br />action is begun, the city shall notify the contractor of the pendency thereof., then anyjudgment 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 far all labor and materials used or furnished to be 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 />successor or 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: ahe..completion of the work; so.
<br />much as may be necessary to pay=all laborers or material,inen for amounts--due-them for_;work done or mater-gals,
<br />used or furnished_to: be used i-n the performance of this ,contract and -the doing of said work, and the county trews
<br />.. t
<br />urer,; artmg as city _treasurer; may retain money, collected from tironerty- owme s asses-sed-for `said ;ixrinrovement
<br />
|