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Wednesday May 9th., 1923. Continued.
<br />The folle1w ing bonds and contracts appmoved
<br />PUBLIC IMPROVEMRNT CONTRACT
<br />This Agreement, Made and entered into this 9th. day of May 1923
<br />by and between Ges; -Pontarelli of the. County of Seek and, State of Illinois (hereinafter
<br />referred to to .the " Cortrz:etor--"-), purl -i.he-CJW-of ZeUl#h Bond, .in the County. of -St.
<br />Joseph, and Sta, a of Ind4na p by and through its Board of Public Works (hereinafter
<br />referred to as the " C ii y*) , under and by virtue of an Act a of tihe General Assembly =of
<br />the Slate of Itsdiana, entitled " An Act Concerning Municipal Corporations, " approved
<br />March 6, 905, and a.11 amrsndatory and supplemental acts theretes•.
<br />Witnessth,that the
<br />contractor covenants and agrees to construct pipe sewer on Pleasant, street from 18th.
<br />Street to 19th. Street, in tb* City of South Bend, Indiana at and for the following
<br />prices:-
<br />265 lin. ft. of 10" pipe per lin ft....... ........J2,50
<br />52 lin. ft. of 8" pine per lip ft................... .70
<br />160 lint ft, .of 6" conduit pipe per .tin
<br />11 lin. ft. of manholes per lin ft...................8,00
<br />2 sborm wafter .grates, each. ..,....•.................10600
<br />1 aranhoie curb and cover , each.....................18.00
<br />aittt to tpe#orxn all work in the prosecution of said, improvement under and according to the terns and con-
<br />ditions of Improvement Resolution No.adopted,by the Board of Public Works.._,�� s...?].,s 1923 •
<br />aifd the plans,, profile end specifications on file in 'the off.ce d£ the Department of Public Works, which said
<br />.Tesolution, plans, profile acid specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length. i
<br />The contractor further expressly covenants and agrees: that in the prosecution of said work all proper
<br />skill and care rri'lbe exercised; that he - =tl t'-op r= d 1 all excavations and dangerous places,
<br />and Thrill use al! due and proper preca,;tioa to pros _. _f mjury `o iry person or p_c� �rtv ; that i-t the. event of
<br />any injury or damage resulting from the or rasrutt-. from ?-.v m fitter or thing -.onn ct-d therewith or
<br />arising therefrom, to any person or property, he v-:11 nay ar•^ lie-idate %he same at his own expense, and a.s-
<br />surne the liability therefor; and in the event of any claim or claims being made or any act -ion cr actions being
<br />brought against the city by reason or on account of or gro-tying out of said v-or?- cr its construction, ch- sal
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and wi`_i in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, ,payment or judgment recovered in connection with. such claim or claims, action or actions. And f
<br />within ten days after aty`such action is begun, the city shall notify the contractor of the pendencv Cher-,^f,
<br />tb �:n any judgment:rendered against _the city shall be conclt+sive against the contractor and against the surety
<br />on his construction bond, as to th- amount, liability and other, matters pertaining thereto.
<br />04 vei4'4 AL4 jia 1bg 24`iwm�er as fixed by the �'?Pr �. - c zt. a tint �. qq th �!§k��t�t§ �'QI C �
<br />firs l9 w h t.ie Roard of Public Work�6c; s a bond �-zill siffi+ sa3-Ay "btl"etArid 4 Ait! OA aiiiblkgt d% I e
<br />pp clf+�s tiAt�r, Art4 in doing such repair a era the cot.tt pate. ttt3d the stcc�t�r on h% �iaithtfs� b d lihh k
<br />Fttl%� Fl 0 fbe o4aw liability to the city and any ocher pcasoa for arty iajury-.tor. ddthAo to att1t JAt*� W
<br />jr,4y in the Cawg manner and to the same extent as is fixed in the last _preceding ptrigtaph WWf4 tj� � tf'=
<br />Ur"Arm work,
<br />And it is further agreed by and between said raItfias that the acceptance at the work 0MVIded fft Iti tith
<br />c-ontract, or the payment thereof, shalt not constitute a waiver on the purt of the dity df ati of the PtU e=
<br />Wits of this Contract, nor shall it release said ccntractor or the sureties ore his bond fbr the to Ithfol pgeftst- =
<br />Me thereof,' nor shall the acceptance be prima facie evidence of the perforrrrance of Afty ptaVINjdii Of thN
<br />rvall^act, 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 fur abed toiM used lti the mdkitiit of
<br />lweh improvement and in the performance of this contract, whether done or furriished for filth, dt• hls lfwi
<br />iEsol�`inee, successor or subcontractor ; and the city may reserve out of any allnrvatice fmads on arty VA thats
<br />W fat r of the CbMrA for dr' 1+,� idsigiis, or out of the amount due him at Elio Caslitio iipbti the eel ' 16flaft
<br />of the work, so much ■s ,taaiy tcessary to pay,all laborers or tnaterim Mat 14 11m stints . lie tow
<br />k a or ata�terials used Ar furnished to be used in the perforitiastce of thll iMtr9tt ltlid dblti
<br />&Md,store, and the siounty treasurer, acting, as city'treasurer,-may retain money doil#ded 100
<br />erty
<br />Owners assessed w laid improvement to pay'such debts" or urtilf the eoutrseteir s%�r 4�t t tt61 �
<br />oald or satisfied........ .... .......... .
<br />su'> =sh. earth. and umised material iri the streets or Andes trerekg-
<br />apon the complefi. i.. fhe'ir p.-ovAm ,�t_or the repairing thereof.
<br />The work of making.sctcli fmproV went shall be completed according to'the tcrt.;s of thls emttt;.wt CIA (A:
<br />beforethe-- ----------------------- ___ ------------=----------------------- —.---dav of ........................
<br />.unless the ti}ne,fp; th.e,cptxple,ton of:the sar,P shall be extended in wr_ti" by th„ Board of YubliclWorks,
<br />And -it is agreed that any such eaten -ion of time. or any altera .on of th's contract or of the manger or meth-
<br />od of doing such work shall in no way affect the duties, obligations or�sbilities of the contractor or big sure-
<br />ties.
<br />It is agreed that the contractor shall not assign this c Iract. or, sub -let the work or any part thereof to
<br />bedone hereunder, without the writ/ -en cons mt of the Board of. Public Works,
<br />It is further agreed aid stipulated_ that t%2 contractor shall give to residents of said city and eonnty
<br />preference in the employm-nt of all labor necessary n"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 con:litions 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 />lectedtand- paid to said contractor in the manner fixed iy the statute governing the making of such improve,
<br />f�ea�s.
<br />To each of the conditions and stipulations of this contract, including -all and singular the provisions and
<br />terms of the plans, profile, sperlificatiors and resolution aforesaid, the under;iigned binds himself, or itscl
<br />snit the soeetivq successor or assigns of such: parties.
<br />In Testimony Whereof, We, the foregoing named parties,-herento
<br />set our hands this 9th. day of May 1923.
<br />CITY OF '°SOUTH BEND, INDIANA GEORGE PONTARELLI
<br />BY L. B. SLAUGHTER Contractor
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Its Board of Public 'W9rka.
<br />
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