|
t 28th.,1917. Continued.
<br />PUBLIC IMPROVEkENT CONTRACT.
<br />THIS AGREE MENT, Made and entered into this 24th. day of August 1917
<br />by and between ThemasWill isms of the County of St. Joseph, and State of Indiana, ( herein
<br />after 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 forks, (hereinafter
<br />referred to as the,," City") , under and by virtue of an Act of the General Assembly of the
<br />State of Indiana, entitled " An Act Concerning Uunicipal Corporations, " approved March 6,190
<br />1905, and all amendatory and supplemental acts thereto:
<br />Witnesseth,,that the contractor covenants and agrees to construct water
<br />connections on Howard Street from Niles Avenue to Notre Dame. Avenue, in the,City of.
<br />South Bend, Indiana, at and for the following; prices:-
<br />12 taps on long side of street, each .......................$40.25
<br />5 taps`on short side of street, each ...................... 25.60
<br />and to perform ail work in the prosecution of said improvement under and according to the
<br />terms and conditions of Improvement Resolution No. 548. adopted by the Board of Public
<br />Works July 00th. ,1917 anal, the plans•,profile and :s ec if icat ions on file in the office of.
<br />the Board of Public Works, which said resolution, .plans, profile and specifications are
<br />made a part hereof as fully and effectually as if copied and set out herein at full length.
<br />he contractor further ex?ressly covenants and agrees that in the prose-
<br />cution of said work all proper skill and care will be exec-cised; 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 person or property; that in the event of -any injury
<br />or damage resulting from the work or resulting from any matter'r thing connected therewith
<br />or arising therefrom, to any person or property, he will pay and liquidate the same at
<br />his own expense, and assume the liability therefor; and in the event of any claim or claims
<br />being made or any action or actions being brought aga3inst the city by reason or on account
<br />of or growing out of said work or its construction , the said contractor will at his own
<br />expense defend the same, and will pay any judgement recovered therein, and will in all
<br />respects fully indemnify and save harmless said City, its officers, agents or representatives
<br />from all cost, expense, payment or*judgement recovered in connection with such claim or claim
<br />action or actions; And if within ten days after any such action is begun, the City shall
<br />notify the contractor of the.pendency thereof, then any judgement rendered against the City
<br />dhall be conalueive against the contractor and against the surety on his construction
<br />bond, as to the amount, liability and other matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and make such
<br />repairs as may be necessary for the period and in the manner as fixed by the spefifiat ions
<br />and to secure the maintenance and repair thereof to file with the Board of Public Works
<br />a bond with suff is ient surety thereon and in an amount as fixed by the spef is iat ions
<br />And,in doing such repair world the contractor and the surety on his giarantee band shall be
<br />sub4ect to the same liability to the City and any other personfor for any injury or damage to an
<br />person or property in the same manner and to the same extent as. is fixed in the last
<br />preceding paragraph covering the construction work. '
<br />And it is further agreed by and between said parties that the acceptance
<br />of 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 said contractor or the sureties on his bond for. the flaithful performance thereof;
<br />nor shall the acceptance be prima facie evidence of the performance of any provisions of
<br />this contract, except to the extent of entitling the contractor to the contract price
<br />therefor,
<br />The contractor agrees to pay for all labor and materials used or furnished
<br />to be used in the making of such improvement and. in the performance of this contract, when
<br />whether done or furnished for him, or his agents, assignee, successor or subcontractor-; and t
<br />the City may reserve out of any allowance made on any estimates in favor of the contractor
<br />or -his assigns; or out of the amount due him or his assigns upon the completion of the work,
<br />so much as may be necessary to pay all laborers or material men for amounts due them for
<br />work done or materials used or furnished to be used in the performance of this contract
<br />and the doing of said work, and the county treasurer, acting as City treasurer, may retain
<br />money collected from property owners assessed for said improvement to pay such debts or
<br />until the contractor shows that they have been paid or satisfied.
<br />the contractor agrees to remove all rubbish, earth, and unused material in
<br />the streets or sides thereof, upon the completion of the improvement or�the reAairing
<br />thereof.
<br />The work of making such improvement shall be completed according the
<br />terms of this contract on or before the 28th. day of November 1917 unless the time for tehe
<br />completion of the same shall be extended in writing by the Board of Public Works. And 1t is
<br />agreed that anu such extension of time, er any alteration of this contract or of the manner
<br />method of doing such work shall in no way affect the duties, obligations or 1 iab it ites
<br />of the contractor or his sureties.
<br />
|