|
Continued.,
<br />Witnesseth,,that the eontractoro covenants and agrees to place taps
<br />on Sorin Street from St. Louis Blvd. to 'Notre. Dame Ave. in the City of South Bend,
<br />Indiana at and for the :'allowing prices:
<br />l0 taps on long side inch .22.50
<br />5 taps on short side inch each ................... 18.00
<br />.. s to p.errormn all work in 'the prosecution n': said improvement under and according to the terms and con-
<br />ditions of Improvement Resolution No. ----J.1-70 ........... adopted by the Board of Public Works_ ----- p. _:,411923.
<br />arid -the plans, profile and specifications on file "- the office of the Department of Public Works.. w-bi h said
<br />resolution, plans, profile a;tid specifications are made a part hereof as fully and effectually as if copied and
<br />set out hereiq at full length.
<br />e cot+tractor further expressly covPna ,ts arc? agr-_ that in the prosecution of said work all proper
<br />s1-Jli <.1!,-1 care ---"I be ex?rcis . i; th- t he -_...a r-oa " -_ : 1__ all excavations and dangerous places,
<br />�rt� "1 itSf 2.i� d±]'� .,1 rn,�Nr pry a...:sQ:2 i. .')r'_ ` 1�11'11.` "? ry Person or F'_c-.,..tv: that iq the event of
<br />any iilji ry or damn;e resst,it:g from t',e zx or R..:ii*� ,¢`fron_ a v Y,-t*er or thing =cornpc*.ed therevvjilh or
<br />arising tb.erefrom, to any pert Y. or property, he v-t11 T-av ar.-; lic,�zidate the same at his own expense, and as-
<br />stime jbe liability therefor ; a-t:d in the event of any cla z.z or clairis being made or anyaction or actions being
<br />bro,-glit a;;a;nst the city by reaso i or on account of or gro ving out of worl, or its construction. th- sa.H
<br />contractor will at his own expense,t?efend the same, and ?-'ill pay any Judgment recovered therein, and will in
<br />all r .sp :cts fully indemnify and `save harmless said pity, its officers, agents or representatives from all cost,
<br />ctxpense, payment or judgment recovered in connection with such claim or claims, action or actions. Aid f
<br />ten days after any such action is begun, the city shall- notify the contractor of the penrle cv ther. of,
<br />tli� n any judgment rendered against the city shall be conclusive against the. contractor and against the surety
<br />Oil his constructibn b6 id, as fo'th-' Aritount, liability and other matters pertair1., thc°reto.
<br />�.c� ,rye ccr.,raeior agrees o mair lain sett; :iiecPssary
<br />the period and'in the manner as fixed by the sn,Pci`l'ications, and to secure the maintenance and repair therew,
<br />to file with t'le Board of Public Works a. bond with sufficient surety thereon and in an amount as fixed by thl�;
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall 4t,.
<br />subject to the sane liability to the city and any other.person for any injury or damage to any persrn or prop.,
<br />erty in the. same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />Ar_d it is further agreed by and between said rart': s that the acceptance of the work provided for in t -. s
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said ecndractor or the sureties on his bond for the faithful perform -
<br />mice thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
<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 agent -
<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 i-:- assigns, or out of the amount due him or his assigns upon the completion`
<br />of the wort., so mutt as ma- cessary to pay all laborers or material men for amounts due them for
<br />work done or .materials use'a 3r Garnished to be used in the performance of this contract and the doing of
<br />said wort:, and the county treuai,rer, acting as city treasurer, ma; retain money colleted fFom property
<br />owners assessed for said improvement to pay such debts or wail the contractor shows that they have been
<br />na;A �r satis�,Yri -
<br />a. es to renio __ all ru :',=sh, earth, and uw.s d mater ai in the streets or a6I es there. upon the completion of the .improvement or the repairing thereof.
<br />The work of making such_ improvement shall be completed according to the terms of this contract on or
<br />bacfore the ------------------------------ - - - —------- ---- day of;_...._. .. __
<br />f..........,
<br />unless the time for the c�omp3etion of the' sal a shall be exfended in wr;ti:.g by the Board of Public Works.
<br />And it is agreed that any such extension of tiiue, or -any altera*ion of this crntract or of the manner or meth-
<br />od of doing such work shall in noway affect the duties, obligations or liabilities of the contractor or his sure -
<br />It is agreed that the contractor shall not assign this c r tract. or sub -let the work or any part thereof to
<br />be done 'hereunder, without the. written cors_mS.
<br />t of the Board of Public Work
<br />It is further agreed and stiputate� tli�t the conti-actor shall give to residents of said city and county
<br />preference in the employment of all fabor 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 ail the terms and conditions of this contract, and things to be done and
<br />lerfornied by, said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />ected and paid to said contractor in the manner fixed by the statute governing the making of such improve
<br />saents.
<br />To each of the Conditions and stipulations of this contract, including all and singular the provisions ant
<br />Terms ohhe plans, profile, specifications And resolution aforesaid, }hc undersigned binds Mrnscli or itself,
<br />and the rw-pective successor o; assign.s of such i-art,es.
<br />IN TESTIMONY WHEREOF9 We, the foregoing named parties, hereunto
<br />set our hands this 12th. day of June 1923.
<br />CITY Or SOUTH BEND, INDIANA. MA. H. BURKE
<br />L. B. SLAUGHTER Per H. E. Goheen
<br />L. P. HARDY Contractors,
<br />ALBERT F. HONER
<br />Its Board of Public Works
<br />CON TRUC1' )VOID
<br />}BOND
<br />f7 lsre,-ts. That we._
<br />of the Cot.nty of.. State of as prineg-
<br />pal, and
<br />of the County o£ _ and State af..,_. w~�
<br />as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of,
<br />for the payment of which, well and truly to be made, we jointly" and severally bind ourselves, our hdrs,
<br />Axecutors, adminstrators and assigns, firmly by these presents.
<br />The conditions of the obligation are such that if th# above nartied._
<br />
|