|
53-1,
<br />Mxffllafta Utz=;, *=V=W,
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />-This Agreement, Made and entered into this llth. day of July 1921 by and
<br />between Hoban & Roach of the County.of St. Joseph and State of Indiana (hereinafter
<br />refereed to as the " Contractor"), and the City of South Bend in the County of St.
<br />Jse p}� and State ofxTndia"na, by$se�a- through
<br />virtue;Bofrdn�Aotuof�t Workss
<br />P
<br />referred to -as the Cityy) un an a p y of
<br />the State of Indiana, entitied " An Act goncerning municipal Corporations, approved
<br />March 691905, and all amendatory and suppl.emental'acts thereto:-
<br />Witnesseth, that the
<br />contractor covenants.and agrees to grade, curb mm walk on Duey Averaie from South Bend
<br />Avenue to N. L. of City.Limits, in the`City of South Bend, Indiana, at and for the
<br />following prices ,
<br />1200 lin.ft. of curbing per lin ft .............32
<br />926 cu. yds. of grading per cu. vd................. .85
<br />59500 sq. ft. of cement walk per sq. ft............. .17
<br />.4w, to fffkfts so wer# is theprosecati 80 mprovement tender and aeordtug to tltt� t�� � 921
<br />�f of 1'®r+r+'iko t l motion IAA, adopted by the �aard of NbIit wwk%,....H.,. 'A
<br />st IWO& am weif *lens on file 3-t the office of the FJ"rtme-fit of �t � �j�*%N
<br />F" #"" puffs, offie stid specifications are made a part hereof as fully and t6, t+jjj p ae tf Rtt #�il� It
<br />#Ot Nf hiri#fs at Tint langth.
<br />Thd C ff"tor further expressly covenants and agrees that to the prosecution of 4434 work ell opt tt
<br />Oki t afid CAN Will_be exercised; that he -.•ll prone v��^r- all excava'�iarts aaMd d�rlreruus p at�%%
<br />owl wilt fjee all dite and to er recasttion to pr..v_ t in u. t,) sr erson car , !o ,
<br />P � p j "Y � � P >+-� � ��, that in the evelll
<br />wi hl�ury of damage resulting from the w-)r'.: or result.:^ from a�v mat«er or thi.t nn"^a.�d tha t®t 6r
<br />at If therefrom, to any person or property, he w;ll pay and liglaidate the name at tis own expeels®, and ag.
<br />®he liability therefor; and in the event of any clatrz or Claims being made or any aCtlpn or, rtlona help
<br />Might against the city by reason or on account of or growing out of v1d vrark or its conttruetion, the sal
<br />ittfactor will at his own expense defend the same, and will pay any judgment recovered ihersin, and will to
<br />ill rlsovats Hilly indemnify and save harmless said city, its officers, agents or lepreeetitatives from all cost
<br />ellaeI pant at )udgtttant recovered in connection with such clattzt or claaifna, action or act lons, Aid 'I
<br />it ill tell K_ a after any such action is begun, theey�, city shall notify the contractor of the pendency therptsft
<br />41i Itn }udginant reiadered ageinst the city shall be conclusive against thecontractor and against the surety
<br />lie ►tat&AdI tl mod` tk® to tir a.rtount, liabiiliby and other matters pertaining thereto, `
<br />And the CUI1iraC`.Ur B.grecs to nn1,.,n-.ain sa,C(u
<br />the as fixcci the so
<br />period and in the maimer by f cil7cations, and to sec -re tiie maintenaace a: i rcN_;r to file. -with tie Board of Public Works a bond with sufficient surety thereon and in an an;.ount as ax:d i1v
<br />Specifications. And in doing such repair wort: the contractor and the surety on his guarantee bond shall 1,
<br />subject to the sai�.e liability to the city and any other person for any injury or damage to any per: or pro,,
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph coverii;g the co
<br />struction work.
<br />Aud it is further agreed by and between said r art"2s that the acceptance of the worlc provided for in t!,i.
<br />contract, or the payment thereof, shall rot co-'1stitlite a waiver on the part of the city of any of the pro"is:
<br />ions of this contract, nor shall it rc.lea.se said cc .ts (tor cr the sureties on his bond for the faithful per fo
<br />ante thereof; nor. shall the acceptance be prima facie evidence of the performance of any provision of tlai:
<br />contract, except to 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 be used in the making of
<br />such improvement and in the performance of this contract, whether done or furnished for him, or his agmt,
<br />assignee, successor or subcontractor.; and the city may reserve out of .any allowance made on any estimate
<br />in favor of the .contractor or, b o assigns, or out of the amount due him or his assigns upon The completion
<br />of the work, so much as mat cessary to pay all laborers or wateriai men for amounts glue them for
<br />work done or materials used or furnished to, be used in the performance once of this contract and the doing of
<br />said wort:, aid the corunfy, Treasurer, acting as city treasurer, t:i.aJ retain money co:Ifi_- tQd from property
<br />owners assessed for -sai-d'improven ent to pay such debts or until the, contracu,)r s' owe that they have been
<br />Paid or satirfied .. o a
<br />i le co., ra c- a�:ees n, earTh, And un,;sed material in the streets or sid^s tit r;.
<br />� to remo- � a!1 rub��is'
<br />upon the completion of the imnroveine;�t or the repairing thereof.
<br />The work of making such improvement shall be completed according to the terr•is of this contract oil or
<br />before the -- ---- - - --- - ----- day of
<br />unless the time for the con of the same shall be extended in w-iti:,Q .------' 19
<br />And it is agreed that any such eetension of im1s.
<br />o by the Board of Public Wore.
<br />od of doing such work shall in no way affect the dutie' obligations or liabilities of the er,contract or f the ctor mariner
<br />r his sure-
<br />ties.
<br />It is agreed that the contractor shall not assign this ,• ract, or sub -let the work or any part thereof to
<br />be done hereunder, without the �.rit_en co nt of theIsvard of Public Works.
<br />It is further agreed and stipulated that t' 2 contractor shall give *to residents of said ";city and couu¢y
<br />preference in the employment of all labor necessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be done. and
<br />performed by said contractor the. said city agrees to cause the cost of doing such work to be assessed, col
<br />lected.and paid to said contractor in the manner fixed b `the statute t
<br />merits: y u e governing the making of such improve -
<br />To each of the conditions and..stipulations .of this contra terms cd-th-6 plans, cts including all and Singular the provisions and
<br />.pF��iil ;
<br />SiAr�eattot`; atld resolution aforesaid, the undersigned binds himself or itself,
<br />rEpective successor assrgn� of such parties.
<br />_Ia Testimony Whereof, We the foregoing named parties, hereunto
<br />set our hands this llth. day of July 19h.
<br />CITY OF SOUTH BEND INDIANA HOBANiH
<br />.RSACOBAY
<br />BY G. A. BLLTOTT Contrac or.
<br />H. F. ROSTISER
<br />JOHN F. DEHAVEN
<br />Its Board of Public Works.
<br />r
<br />
|