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1923 Continued. <br />This being the date deferred for the §arbage bids for the disposal <br />of garbage in this City. No action taken. <br />Tip follii 'sr Col: dl ,-6 62 <br />rjrl.�.,rac ,_ were approved by the Board. <br />ins <br />-� T <br />by �fl��d�'`i> P� mil.. t ! f ♦#�+1. 614 tWt <br />Alex'Bukowski of <br />St. Joseph Indiana <br />��w,�i►t^s�a►•�.*sstr,..*#s.. gta'Eie t?f..•rr#ae.�as�* list#ir•yr#•s'i��rfrisiF1'+#�gt <br />ajasf'twi marred to as the Contractvr'.s <br />mp of . Joseph, and State of Txtdiana 17 va; tbrovA jt# B*j&rd of, ftbliti <br />(bnsixatter referred to as the fit r xa elC 1 rt � t+� of <br />ice � <br />'r� Assembly of the M <br />State of Indiana, entltle$ s y 0 �ti " ��► <br />Ica" as,: approved Leh S, 1905, and .alb, <br />� <br />Witnesseth, that the contractor covenants and agrees to construct <br />curb along Sample Street division Street, Iiuron Street, Ford Street, Dunham Street, <br />Sample Street from alley east of Camden Atreet to alley West of Dundee Street, also <br />Dundee and Camden Streat.from Division Street to Sample Street, in the City of <br />South Bend, Indiana at. and for the following prices: <br />llj576 iin ft. of curbing per. lin ft. 6" x7" x 16"..,..3,40 <br />and to perform all work in the rosecutiOn of said inzW-ovement under and according to the terns and am- <br />ditions of 1mprovemeet Resolution faro_-� gdqpted by the Board of Public Works„,..7.1in ?1. , 1923. <br />Arid the��,,,pplans, profile and specifications on file 1n the office of the Department of Public Works. wbt'ch sa$ resoluffon, plans, profile and specifications are made a part hereof as fully and effectually as if copied and <br />set out herein at full length. <br />The contractor further expressly covenants and agrees that in the pprosecution of said work all proper <br />skill arid care i!l be exercised: th the -I "a pope-'. �•-.d F-o+nct aT1 excavations and dangerous plats, <br />and „;?1 use a?! due' and proper preca-tion tc pr --1•t jr!ll.�'�' '- , :nv person or pro^.r tv: that il1 the event oJ <br />any injury or dama_ee resulting from the w or'- or resat+=gig front a41,v * ?tter or thing connected therewith or <br />arising therefrom, to any person or property, he =ll ^w a.• ?i­mare tt,e s �, a at his own expense, and as- <br />sume the liability therefor; and in the event of any- claim or clvi;- being made or any action or actions Beira <br />brought against the city by reason or on account of or growing ou* of �`d Z Apr_- or its construction, the said <br />contractor will at his own expense defend the same, and will pay any judgment recovered therein. and will in <br />all respects fully indemnify and save harmless said city, its offCcers, 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 any such action is begun, the city shall notify the contractor of tom., pen' ;_cv thereof, <br />b•=n any judgment rendered against the city shall be conclusive against t'.:e contractor andaainst the sureb an bk gonstractiou bond, as to th- amount, liability and other matters pert .i g ih�re�o, <br />And tho contractor agrees to maintain said improvement and make such repairs as way be necesagr� €ot <br />the Po4od end In the manner.as fixed by the -specifications, and to secure the tw—tintensnce and repair thereof <br />to file with the Board of Public Works a bond with sufficient surety thereon andin an atdaunt as famed by the <br />Apor-if cationa, . And in doing such repair work the contractor and the surety on his Kilarsntee bond sl 4 he <br />afi jact to the same liability to the city and any other person for any injury or damage to any person or prep= <br />Orty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the ian= <br />Oti'hetion work, <br />,And it is further agreed by and between said parts_s that the acceptance of the work provided for In this <br />contract, or the paymenttut <br />thereof, shall not constitute a waiver on the part of the city of any of the pfov s= <br />101111 of this contract, nor shall, it release said contractor or the sureties on big bond for the faithful petifortit= <br />Once thereof; nor shall the acceptance be prima face evidence of the performance of awl prdvlsidn of this <br />oontract, except to the extent of entitling the contractor to the contract price therefor, <br />The eonti"actor agrees to pay for all labor and materials used or furnished to be used In the maltliig of <br />8106 improvemcnt and in .the performance of this contract, whether done or furnished for him, 'Or kit agont; <br />AnjKlitV, successor or subcontractor; and the city may reserve out of any allowance trade on atty estimate <br />3n fayar of the contractor or 11- = assigns, or out of the amount due him or his assips .upon the eoloplatiosi <br />of the work, so much as ma}-cessary to pay all laborers or materiai then for amounts due; them for <br />work dine or materials Used or furnished to be used in the performance of this contract and the' "ng.of <br />Said work, and the county treasurer, acting as -city treasurer, may, retain money colle.:ted from property <br />owners assessed for said improvement. to gay such- debts or until the contractor shows that they have been <br />Maid, i)r, satisfied <br />