|
437;
<br />.3l . - ` I Q23 _ C�rtLi nue � -
<br />Witnesseth, that the eontractor covenants and agrees to construct
<br />water connections on ,Koscius`>gko Street from Division Street to .Ford St eet, in the City
<br />of -South Bend, Indiana at'and fob the following pricest-
<br />6 taps on long side, each $25,00
<br />4 taps on short side, each 20#00
<br />and to perform allwork in the prosecution of said improvement under and according to the terms and: ©eii�
<br />ditions of. Improvement Resolution No.-11.813--- ---- _---- adopted by the Board of Public Works. st.1923.
<br />and the plans, profile and specifications on file in the office of the Department of Public Works; which sai
<br />resolution, plans, profile aria specifications are made a part hereof as fully and effectually as if: copied and
<br />'set out herein at full length,
<br />be contractor further, expressly covenants and agrees that in the prosecution of -said work all proper
<br />skill and -care z»ill be exercised, thq.t he ^il prone r _ _ 1 p o`ect all excavations and dangerous places,
<br />and Twill use all due and proper precaution tc prev_* inpi y to -My person or pro -#arty; that in the event pf
<br />any injury or dama.:ge resulting from tine v or renal*r" from a ,v r, ztter or thing connected therewith, or
<br />a-ising.therefrom, .to. any p.ersoti.or property, he ll rav a.r. ry fic--•idate the same at his own expense, and as
<br />sutme the liability therefor; and in the event of anv ci.a.r, or cl?.iins being made or any action or actions being
<br />brought against the city by reason or on account of or.groiving out of said work or its construction, the said
<br />contractor will at his own expense defend the ;same, and trill pay any judgment recovered therein. and will 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 if
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />t'hYn-any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on his construction bond, as to thy° amount, liability and other matters pertaining thereto.
<br />Ann the contractor agrees L(, i�.;tt,:`_'ain sal( i i�•. Wilt ii., d Su 41 le y j.,aiTs as TPa
<br />the period and in the manner as fixed by the s»Peit9ca¢ions, and to secure the maintenance and repair thereof
<br />to file with the Board of Public Works'a bond vv,th stifficient surety thereon and in an amount as fixed by the
<br />specifications. Andin doing such repair work the contractor and the Surety on his guarantee bond shall be
<br />subject to the same liability to the city and any other person for any injury or damage 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 rart=,2s that the acceptance of the work provided for in this
<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 cc-itractor or the sureties on his bond for the faithful perfort-n-
<br />auce thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of thl,3
<br />contrr:r.i, 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 makingat
<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 h,= 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 material men for amounts due them for
<br />work done or materials used -or furnished to be used in the performance of this contract and the doing of
<br />said worx, and the county treasurer, acting as city treasurer, inay retain money colleted from property
<br />owners assessed for said improvement to pay such debts or until the contractor ihows that they have beer
<br />Paid or satisfied
<br />C.(, . - _2I i:.t i'en.. - I rr : _ i, ear:_; . and umzsed material in the streets or sides tit€reiA
<br />upon the completion of the irilprovem ; nt or the repairing thereof.
<br />The work of making such improvement shall be completed according to the terms of oils contract an of
<br />beforethe ----- ---------------------_-_------- ------------ ------ ------------------ dav of---------..........
<br />unless the time for the compleiiorp of the sane steal'. be extended in writi:,g by the Board of Public Works.
<br />And -it is agreed that any suchi erten-ion of time. or ar-v alteration of this contract or of the manner or nieth4
<br />od of doing such work shall in p away affect the duties, obligations or liabilities of the contractor or his sure.
<br />ties.
<br />It is agreed that the contractor shall not assign this c,,; tract. or sub -let the work or any part thereof to
<br />be done hereunder, without the writ*en cons ,nt of the Board of Public Works.
<br />It is further agreed and stipulated that rye contractor shall give to residents of said city and county
<br />preference in the employment of all Taber 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 />perfornied 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 -by the statute governing the making of such improve-
<br />ments.
<br />To each of the Conditions and stipulations of this contract, including all . and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
<br />and the r*ipective successor or ass:;''-.s of suer r.a ties.
<br />In Testimony Whereof, We,
<br />hands this lath, day of July 1923.
<br />CITY OF SOUTH BEND, INDIANA.
<br />BY L. B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Its Board of Public Works.
<br />the foregoing parties, hereunto set our
<br />JOE A LUTHER
<br />Contractor
<br />
|