|
lv-'ond a y, July 30 th . , 1.9 34. 51
<br />party, his sgents and/or employees and said second party contracts and agrees to pay
<br />all damages to persons or property, public or private, which may be caused through
<br />1 negligence of himself, his agents and/or employees in the performance of his part of
<br />this contract.
<br />. Said second party further contracts and PFrees to conform with all provisions
<br />of the laws of health and the rples of the health Department of ss:id City and of the
<br />State of Indiana which are now in existance or which mar hereafte� be announced and
<br />promulgeted and he will conform with all provisions of the ordinances relating to the
<br />mr1tters contained in this contract which may no,*- or may hereafter be in force during
<br />the term of this contract.
<br />Said second party agrees to furnish aderuate. trucks, vehicles and other imp1d-
<br />ments and re agrees to furnish sufficient nun-ber of men promptly, reasonable and
<br />efficiently to do and perform all of the provisions in this contract contained for
<br />him to do Pn.d perform end he further eprees thet he will pay at least present N. R. A.,
<br />wages to 'is employees, and he will pay F=t least 40 cents per hour to helpers and 45
<br />cents per hour to truck drivers.
<br />Said seconr party contracts and.. agrees to c.r= insurance in accordance with the
<br />Law of Compensation of the State of Indiana for the protection of his employees.
<br />Said second party shall maintain Pn office at the Street Debartrnent Eeadcuarters
<br />® which is now located at the foot of Sycamore Street in said City and he, hispents
<br />and/or employees shall have the privilege of using the telephones of said Department
<br />for all purposes re -;wired and/or incidental to the performance of his part of this
<br />contract end he contacts and sprees to keep someone at said Department to receive order
<br />and/or instructions from the various departments of the city relating to tk-e work d.n
<br />this contract provided for and he may also use said head c uerte rs as a parkin° place
<br />for all trucks and other vehicles used in the said work.
<br />This contract shall fnclude the years 1935, 19361 1937) 1938 and 1939 but the
<br />first party reserves thte right to cancel this contract and to be relieved from further
<br />oblipa.ti on thereto upon written notice t __ said second. party at least twelve months (12)
<br />• months in advance in the event an Incinerst inF plat be erected and in operation before
<br />the termination of this contract and in the event such Incineratinpa plant beg -ins opera-
<br />tion at any time within any year covered by this contr.-ct then said first party shall
<br />pay to said second party the pro -rate part for the time the services are performed by
<br />second nRrty, , but no more.
<br />Said second party contracts and Pprees to furnish a bond in the sum of Ten
<br />T-housand Dellsrs (8110,000.00) payable to said first party, which bond shall guarantee
<br />t ? e full and fai thfu 1 performance of all the duties in this contract contained for
<br />said second party to do and perform, which bond shall be submitted to said Board. of
<br />Public P'�orks within ten days (10) of the execution of this contract, which bond. shall
<br />be by resp ins-i.ble surety, or surety company, and in such terms as appear proper to said
<br />Board o" public M,orks
<br />It is understood that said bond, its renewals thereof, shall eua_rentee to said
<br />first party the:^t s8i C seconr party will do end: perform the tines in this contract pro-
<br />vided for him to do and perform and he will carefully, skillfully and in clue time pro-
<br />. erly do am perform all of the thins herein contained for and furing the sad five
<br />i 5) year term.
<br />•
<br />In the event seid party fails or refuses to conform pith all provisions in this
<br />contract contained f-r him to perform, said first party may, at its option, cancel this
<br />contract a. d relieve itself from further liebilit,/ thereon, by Fiving, to said second
<br />party a notice that it will cancel said contract unless conformance with the pr©vis-Ions
<br />there of be rpde by second TF-, rty within ten (10) days of the time of receiving such,
<br />notice, but first party shall point out in said notice the violation complained of but
<br />such cancellation s?-.all not relieve said second party and/or his bondsmen, or surety,
<br />from. paying all dam^fres which said first p^rty may suffer by reason of ' is failure to
<br />so perform and sel_d bind sh=-11 particularly cover all payments which said city may be
<br />required to rrpke to sore other persons, or persons, or corporations in excess of the
<br />peyn nts contacted anc P greed to be made to said second party for and during the un-
<br />expired term of the contract. `
<br />Said second party shell carry public liebility insurance all as provided in the
<br />Ppecificetions which are hereinafter made a part of this contact.
<br />The specifier-tions which were submitted to seconf party and other proppeetive
<br />bidders by said first' party are he reby made a part of this contract and shall be, so
<br />far e s applicable end consistent with this contract, a part and parcel hereof the same
<br />as if written herein excepting that in the definition of "Crrba€°e", grass clippings
<br />and/or weekds shell be included in the term "vegetable matter that tends to decay."
<br />This contract shall not be binding upon the party rrf the first part until ratifi-
<br />ed and approved by the '%or ,on "ouncil of the said Uity of South Bend.
<br />IN 7"ITTlE'SS N'FEEPEOF, the parties hereto do hereunto set their hands and seals in
<br />triplicate in the said City of South Eer dl , this day and year first above written.
<br />J''S F. PIE'BCE
<br />EC OTIM P k`aRTY
<br />TTEST. TTt Z L A. TU ;p t''R S"E'CY.
<br />i T � .:L e'z OF yi,s r oaf, ;rr� yr A'
<br />Y .,ICY JOHNS ON
<br />".RTT0IIT 'lam} LjriZT T4SKI
<br />A
<br />ITI -P BOAT"T' OF PUBT.,IC *!CIRKS FTR T PAR TY
<br />
|