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438
<br />'Improven"t C*vq*.—
<br />rs�si°-�► Jon A. Luth r
<br />�! A46 � .�;'rR'li aa. •ag� State Oi l l # $ ilit,
<br />�e Tb�+l� ! ! c tractor ! ! EGt��Te
<br />j o cl State a Indiana and No a^
<br />rred to as the Cites ) J �f. at the State -of ialdiaslit eft-tAidd��' �
<br />3 s approved March 6, 1G0S0 And 611
<br />Witnessetko that tie► voulzastor cev tins 4 Agroes to c strul*
<br />ter co eotions on Bros�t!'ield frost Liftelft Way o% 0488 ar
<br />e, in the ei yr of South Bead, Indi a at for 'fimoe !'oli�iowi pries
<br />5 taps on long side, �ezeb. $26.00
<br />k s tape on short sidt, ~h 20.0
<br />i .
<br />and to perform al work in the prosecution of sand improvement under and according t©,&e terms ��
<br />ditions of Improvement Resohrtion No. 11. . adopted by the Board of Public May ""''�• '
<br />and the plans, profile and specifications on file in the office of the Department of Public t'Vorka, which sal
<br />resolution, plans, profile and 'specifications are made a part hereof as fully and effectually as if: copied and
<br />set oni herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care •.-,ill be exercised; th t he °11 prop-_0- o`er t all excavations and dangerousplaces,.
<br />and will use alt due ar.d proper precaution to pr ve -t injury to : ry person or pro^=rt; that in the event 91 ,.7
<br />any injury or damage resulting from the v�r^,r , or re:= i�~ing Eton_ a-v matter or thing 'connected therewith or
<br />arising` therefrom, to any person or property, he V- 11 ra.v at '�c ic�ate t11e same at his own expense, and as-
<br />sume the liability therefor; and in the event of any ciair-i or c'_ziins being made or any action or actions being
<br />brought against. the city by reason or on account of or growing out of said work or its construction, the said
<br />eontr4toi-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 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 />tbt -n any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />en his construction bond, ae1'o the amount, liability and other matters pertaining thereto
<br />hna the contractor agrees to maintain said improvement and make such repairs as may be necessary foi
<br />tim.geriod and in the azanner as fixed by the specifications, and to secure the.xnaintenance and repair thereof.
<br />ib fie 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 />.ettbject too the sazie liability to the city and any other person for any injury or damage to any persgxn or prop= .
<br />gitYln 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"s 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 />ibhs of this contract, nor shall it release said contractor or the sureties on his bond for the faithful .perform
<br />ante `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 T s assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as ma%, .cessary to pay all laborers or materiai men for amounts due them for
<br />Work -done or materials used or furnished to be used in the performance of tW contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, may retain money colleted from property
<br />owners assessed for said improvement to pay such debts or until the contractor lhows that they havo been
<br />paid or satisfied
<br />: -:e coo �_-a -- or._wgi ees to remo- 2 all rub'oish, earth, and unused material in the streets or sldef thereat
<br />.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 op or
<br />unless:the time for the completion of the sat. a shall,be extended in writing by the Board of Public Works.
<br />And it is agreed that any such extension of time, or anv alteration of this contract or -of the manner or meth -
<br />ad of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />$ies. .
<br />If is 'agreed that the contractor shall not assign this r: ,r react. or sub-let'the work or any part thereof to
<br />be done hereunder, without the written consent of the Board of Public Works.
<br />It is� further agreed and stipulated that t'fie contractor shall give to residents of said. city and county
<br />preference in the employment of all labor 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 />perfortued 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.4y the statute governing the making of such improve-
<br />ments.
<br />To each of the conditions anll stipulations of this contract, including all and singular the provisions and
<br />'lets of the plans, profile, specifications and resolution aforesaid, thc undersigned binds himself or itself;
<br />and tho Ir"pective successor or assigns of such parties.
<br />t' TesUmeny bereot, die, . the foregoing named parties, herounto
<br />-set; our hands this 17th day Of duly 1923.
<br />CITY OF SOUTH BENDS INDIANA. d0E A. LUTHER
<br />BY Ii. B. SLAUGHTER C®ni,ractor.
<br />L. P. "HARDY
<br />ALBFR- T F HONER
<br />Its Bard of Publis We .
<br />
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