|
663
<br />- - d '-, . -
<br />►n.,__a_.. e.,. t-.,Mt,.s,. 27th.. 1921. Colt` i�-lit d1
<br />s ,
<br />The Followit bonds and tentraet approved.
<br />This A reeinext, Maft and entered ' iato' this, 24th..day of
<br />lut*mbir l 1 axb a� � bbetwee Brun ltp'eq: o heemu t A st.J ep ala►d
<br />tie>e exaa �he a naFt r rerere a �ke o!r.My. , a d- tle t . t ofoud 9en _in t e Courty o St. Josep V ta e� ,� b sit throug� �tsBoard
<br />of Pro lie ,> rks,hereinafter referred t®.. sa he ." Ci >elt eIV and b virtue ®f aaAAct 0 t + eaeral Asse> 1 of" th -Slat f dia�tna `bed Aa Ae� Coaee is
<br />Munieipp.� Corporatio" Ipprovel Mare ,i 5, M a�l ametdatory and supp 81
<br />t l
<br />acts. tlliePetre:—
<br />Witneesetth, that' the sontr stor covenants d a!t reel to eoastruet
<br />rode, curb nd lk oa 'Indiana Ave ue, from ILIznt- Street to l"iv Street, in the
<br />ty �f Sm Bea , Indialm. at and for the -Fo ewiag prices:
<br />34230 3i>� *ft. of 6 X X 16 curbin . per lin ft.........3�.35
<br />4617 . au. yds . of gradixg: pper eu, yd............ .4
<br />149790 sq. ft. semeat w& per sq. .Ft..• ..... ..,a .....0.19
<br />nd to gsrfgrm all work in the prosccuti<m of'Past#` 11Mwoveth,ent, u der and yccordisyr to the tieR�c.;s s;;�t w��i•
<br />ditions of Improventent Itmooktion No, ....9D7. ... ,t a�►ptc�t b� l�?ard of Pabiic �a'c�tCt�.. , ,�a 2l . -
<br />And the plane, profile and, specifications on file in the office of th ��•ri�lent o�t 1?uhlic, Worka�h as�t�
<br />resolution, plates,, profile and specifications .art trade a,parthereof a$ ftTlljt and efieclualfy ,as'# to altd
<br />Not, out herein at full length,
<br />The colthxpesly;ovenantt and agrees.thntin tl}e prosecution of said work all propel
<br />sk111 and Cara N•=+':l ba exer6sA;l; th^t he --•'t leron * - 1 1 ea, ava`ion ari dangerous laces,
<br />and ;"�al'1 Ilse 01 due and p":;; precaution to or' t ir,r, v ✓, ,i y ber-�bn ^r 1 +'r *4, + 1,71�`11e ,E v .1t �� ,
<br />arisInjury or daa, � re.lulting from thi vr') or r, ?1*lr ?t .'" n" ni t*er or thin- rynt,p *a the.revvitf1 or
<br />tning therefrom, to any perr -1 or property, l;e �11 ra_y 2. i lip idat the s: re a"t his 6vrn expense, arid, as-
<br />su a the -liability therefor; and in the event of ,any claim or clainis•being made or any action or actions b..irg
<br />,b® igttt against the -city by reason or on e.ccount of or growing out of or.its construction, the said
<br />contractor will at his own expense defend the same, and tivi11 pay any jud�inent recovered" therein, and will in
<br />all respects fully indemnify -and save -harmless said cityr its officers, age:lts or ,representatives from all cost,
<br />OX on", pa meat or judgment recovered in . connection with such claim or claims, action or actions. And � f
<br />it�lt�iit days after any such action is begun,.the city shall notify the contractor of the pen"Ceflcy then -of,
<br />tima aaty jadgrnent rendered against the city shall be conclusive against the contractor and against the surety
<br />- an his c4astruotion-bond, as to tb- amount, liability and other triatters pertainilfg thereob:
<br />And the contractor agrees to maintain" said improvement w;a .ma%e suc�,xep�irs as 'may ne r,ecrs: ai y
<br />tite�petiotl and in the manner as fixed.by the sn-c'tfications, and to secure the maintenance and repair thereo,
<br />to file with the Board of public Works a bond with 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 his guarantee bond shall be
<br />aubject'to the same liability,to the city and any other person for an +n or d ma e to an
<br />or -prop-
<br />erty in the same manner and to the same extent ws is fixed in the y Jrec � g y .person ecan
<br />otruction work..
<br />last preceding paragraph covering the con-
<br />Aad it is further agreed by and between said p-Irt,,2s that the acceptance of .the work provided for in this
<br />contract, or the payment thereof, shall not constitp.te a waiver on the part of the: city.of any of the provis-
<br />ions. .of this contract, nor shall it release said cc ,t5- ctor or the sureties .on his, bond for the faithful perfor
<br />ancethereof; 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 assigns, or out of the amotmt due him_or his assigns upon the'completion
<br />of the work, so much as ma- �cessary to pay all labor-8:s or L ateriat men for arnountP 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 work, and the eounty treasurer, acting as city ti ccr, may retain money collected from property
<br />owners assessed for said improvement to pay such dc' , or tsirc-H the contractor shows that the3( baQe beer
<br />paid or satisfied
<br />The cont,actor-agrees to remo-•r all rubbish, earth, and unused.:materiW In tha stft#U or aaaid@# t3lew�
<br />upon the completion of the improvement or the repairing thereof. The work of making such improvement shall be completed accord#ng to the t@rntal @ ' O �fl€ra all p b,elore the------------------------------------- ------------------- --------------•.day of....... -......,..a=.=..____ - -
<br />unless the time for the completion of the same shall be extended in w.riting by the Board
<br />And it is agreed that any such extension of time, or any alteration of this epn raef or of the rt, P @F or 119pthm
<br />od of doing such work shall in no way affect the duties, obligations oP flabilitim of th@ gontraptpr or hl§ Itlfp^
<br />ties.
<br />It is agreed that the contractor shall not assign this W:; tract, ®r sub -let the work or plty p§Ft thereof to
<br />be done hereunder, without the wriv`en cons -nt of the bt,4rd of ?,,1blie .Works!
<br />It is further agreed and stipul-:.`ed thvt t',a contractor shall .tile. to-res;denas of said city and county
<br />preference, in the employment of all labor neces,,ary in the perforrna.r-ce of this,contract, and failing to do 5(),.
<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 />'.
<br />performed by said contractor -the said city agrees to cause the cost of doing such work' to be assAssed, col
<br />leeted and paid to said contractor in the manner fixed bar the statule governing the making of such improve-
<br />Fac�ts.
<br />To each of the'conditions and stipulations of this contract, including all and singular the provisinrss- ark.
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersignedbinds himself, oss it$'el_f
<br />and-t`_' respective,succeSsor or ass;g.nS of stcch oarties.
<br />In Testimozy Wheredr, We, the Foregoing gamed partis,8�, hereunto
<br />set our hmads this 24th. day of Sept., 1921.
<br />BRUNO DEPAEPE
<br />CITY OF SOUTH BEND, INDIANA. Catrastor.
<br />j BY G. A. ELLIOTT
<br />H. F. ROSTISER
<br />JOHN F. DEHAVEN
<br />Its Board of Public Works.
<br />
|