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. Witnessoth, that the contractor
<br />pipe sewer en Ford Street from Olive Street to
<br />Bend, Indiana at and For the following prises
<br />f
<br />r covenants and agrees to construct
<br />Made Street, in 1he City of South
<br />552 lin. ft. 10" pipe per lin ft. 2.50
<br />76 lin. ft. of8" pipe per lin ft. .70
<br />315 lin. ft. of 6" house connections per lin ft. 1.00
<br />19 lin. ft. of manholes per lin ft, 8.00
<br />4 storm water grates, each . IM0
<br />2 manholes curbs and covers, each 18 �10
<br />ducl to perform all work in the prosecution of said improvement under and according to the term=$ and =e-
<br />ditions of improvement Resolittion No..._ adoptM by the Board of Public''' orks...,..Mlifsy.,.st • • 1923.
<br />and the plans, profile erd specifications on file o#';ee of":the Department of Pu?�lic; Works. wbtch
<br />resolution, plates, profile and specifications are made a part �lereof as fully and effectually as, ogpied and
<br />set out herein at full length.
<br />711e Contractor further expressly, eovenauts and agrees that in the prosecution bf saitf wbrk' All proper
<br />skill ai,d care •--l"I'he-exercised; tr t he - -''.1 p' oo V r ' ' o`^_ all excavations att�i dangerous places,
<br />and � V1 .use air due a.^d p�-ooer rre..aittio 1 t� or z ,c i �;tz�- to ^ry person or r, -c �r't that i-t ff event r
<br />ally rnjury or da:ma.ge resuiting from th - or r�s'ti+ o frJn: ?- V "^?ttpr or thhi or„o� 'off therewi, or
<br />Artsttig therefrom, to any person or property, 1- - -411 ray a* � °rct�ic�ate the s .*ne at his own expense, and, as-
<br />or
<br />the liability therefor; and in the event of a*tv cli:,M or clairis b gig*made or any action or actions bgiT�g
<br />brought against the city by reason or on account of or gro ping of t of s :d nor'- or its canstrtiction, dh:- s ,il
<br />Contractor will at his own expense defend the same, and.t-rill pay any judgment. recovered therein, and will in
<br />all respects fully indemnify and save harmless said city; its officers, agents or neoresentatives from alf -cost,
<br />expense, payment- or judkinent recovered inconnection with such claim or claims, action or actions. And 'f
<br />within ten days after any such action is begun, the city shall notify the contractor of..tre pendency Cher:-.-.,
<br />thWn any, judgment rendered against the city shall be conchtsive agamst.the contractor and against the surety
<br />On his +construction bond, as to th- amount, liability and.other matters pertaining thereto,
<br />l:na the contractor agrees to rriaintain said in,proreu eiit at,c; Mane such repairs as, Tray r-a neces,�ary
<br />the period and"in the manner as fixed. by the specifications, and to secure the maintenance •lend repair thereat
<br />to file with the Board of Public Works a bond trith sufficient surety thereon and in an amount as fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on bis guarantee bond shall be
<br />subject to the same liability to the city and any other person for any injury ordamage, to any. person 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 />And it is further agreed by and between said rarf'_-s that the acceptance of the work 'provided for in this
<br />contract, or the payment thereof, shall not corstitute a.waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform-
<br />ance 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 furnislied 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 completions
<br />of the work, so much as may-cessary to pay all laborers or materiaa men for amounts due them for
<br />work done or materials used or iurnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as' city treasurer, may retain money eollened from property
<br />owners assessed 4or said improvement to pay such debts or until the contracts= ihows that flay hays been
<br />paid rr satisfied, ,
<br />-z cc:: _a cr 4a.ees to remo'2 all rubbish, earth, and unused material'in the streets or $i@es therwi
<br />upon the completion. of the mprovement or the repairing thereof.
<br />The work of making such improvement shall be_campleted according to the tents of this contract on or
<br />beforethe---------------------------- -------------------- ----- —--------- ---Y-day of------------------------------------------ ----.._._....... 19..........
<br />unless the time for the completion of the sane -shall be extended in writing by the Board of Public Works.
<br />And it is agreed that any such extension of. titre, or any alteration of this contract or of the manner or meth
<br />-
<br />©d of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor shall not -.§sign this e. tract. or sub -let the work or any part thereof to
<br />be done hereunder, without the writien consent of the Board of Public Works.
<br />It is further agreed and stipulated that t`4e contractor shall gi��e to residents of said city and touchy
<br />preference in the employment of al': labor necessary in the performance of this contract, and failing•to do so,
<br />shall forfeit to the city the sum of ten doil4rs 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 />-
<br />lefixed cted and paid to said contractor in the manner by the statute governing the making of such improvem
<br />gents.
<br />'To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />ternis of the plans, profile, specifications and resolution aforesaid; the tmd"agued lands lams if pr itself,,
<br />g,n&t*e=respective successor or assir-.s of such _i artces.
<br />In Testimogy Whereof, Be, .the foregoing named parties, hereunto
<br />set our bands this loth. day of July 1923.
<br />CITY OF SOUTH BEND, INDIANA. GEORGE PONTARELLI
<br />Contractor.
<br />BY L. B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Its Beard of Public Works
<br />CONSTRUCTION BOND
<br />Kr: c,,z rtl is ,a by th_ze pc xts. That we--.----" aft2r-Re E&z%14rfA t t
<br />of the County of--- _.......��k_--.�...--.-_______--, State of Illinois as princi-
<br />pal, and ------- --Wy4tlditi'1
<br />of the County _-and Stateof..,...
<br />as sureties, are held and firmly bound to the City of South} Bend, Indiana, in the suers tff,mine 331inda
<br />_ ei fait e 3 lit .3olars 88 QO
<br />for the payment of which, well and truly to be made, we jointly "and severally bind ourselves, our heirs,
<br />executors, admiristrators and assigns, firmly by these presents.
<br />The condit cas of 11le aiigat on are. such that if `thy above named,
<br />
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