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Witnesseth. that the contractor nd-Wgree-s to con-
<br />enstrust pipe sewer on Cherry Street from Divisi+ _StT10et =tom - Y - k Ctral
<br />R. R. Co. In :the City of South Bend, Indiana at and 'for -CU N116wiOg
<br />prices:
<br />215 lin. ft. of 10" pipe per lin ft. $2.50
<br />28 lin. ft. of 8" pipe -per lin ft. ,60
<br />23 lin. fto of manholes per lin ft. 7.00.
<br />2 storm water - grates, each 13.00
<br />2 manholes curbs and coves, each 18.00
<br />and to perform all work :in the prosecution of said improvement under and ace W i* A* lima aW @w-
<br />ditions of'Improvement .Resoliit`ton Ito. ....12Q2--==-----» pte4 by the )30*rd d PublitV 23 •
<br />and the :ptans,.profile arid' specifications �n file ?n the office of the,laepdrtment of PuAIlt . %�r�€�. 'i�h tt M
<br />resolution, plaits; profile acid specifications are made a parrt-hereof as fully And altetually; " it .topiod #Rd
<br />set out herein at fdii length.
<br />'t_he contractor further expressly covenants and agrees that in the prosreutton of sold worh @la prop@?
<br />skill and care -will be exercised that he -11 prooer'A�' -•"d p:'o' "'tt a l exeays*'@n8 end danprnii® pl@@As,
<br />and ivOl use a1l.. due and pi-ooer-pr,,.;a•nton tc prove t injury to try person or k o�•.xr*t�: diet M *he @vent t
<br />and injury or da;ina:ge real ltirg from the zx*�:' or resultir:g from a-;y matter or tljttt P®ttfl�et�d.tiier�w�th �r
<br />artsing•therefrom, to any person or property, hY v- Ii nay ar-� lict. date the softie at i� owl yap@its@, and as=
<br />sui?ie the liability therefor, and in the event of -any Blair-t or claims being matte or any action or hcll'dne b@in
<br />brwigfit against :the city by reason 'or on ?ccount of or growing out of sy.id workor its construction, th@ said
<br />contractor will at his own expense defend the same, and vnll pay any judgment recovered therein, and will iff
<br />aH respects fully indemnify and save harmless Said city, its o cers, agents or represen€ativee from all c09t
<br />expense; payment or judgement recovered in connection with such claim or claims, action action. And
<br />whkin ten days after=any such action is begun, the city shall notify, the contractor of the.paide thereof,
<br />$hen any judgment rehdeted against the city shall be conclusive against the contmtor AM ig&W#t iW sur9ty
<br />ou his construction �Wd, as to th- amount, liability and other matters perWn4 dwrem
<br />r uu Ule •cor, cracpQr agrees to ma%ttaih said iimprovcnient a:-u
<br />the permed and in the tnanper as fixed by the specifications, and to secure the maintenance a::d repair t ,i
<br />to file with t`ie Board of Public Works: a bond with sufficient surety. thereoaand in an amount as fixed 0
<br />specifications. And in doing such repair work the contractor and the surety on his 'guarantee bond shall Ira
<br />subject to the same liability to the city and any other person for any injury or, damage to any persc.,: or, pro: -
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the co
<br />struction work.
<br />Atiid it is further agreed by and between said part"es that the acceptance of the work provided for in tl�s
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />ioof this contract, nor shall -it release- smd--z---7 ar t`r -sureties on his bond for the faithful perform-
<br />a.tice thereof; rior shall the acceptance be prima facie evidence of the performance of any provision -of this
<br />cvnt)'act, except to the extent of entitling the contra.rtor to the contract price therefor.
<br />1 he contractor agrees to pay for ,all labor and materials used or furnished to be used in the making of
<br />F:,ch improvement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />a:aignee, 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 amount due him or his assigns upon the completion
<br />of the work, so much as ma, cessary to pay all laborers or material men for amounts due them for
<br />work done or materials used ,r-:uraished to be used in the perfor!rnauce of this contract and'the doing of
<br />said wor«, and trie' county treasurer, acting as city treasurer, may retain money colleted from proper@y,
<br />owners assessed for Said improvement to pay such debts or until the contractor i? dWs that their Is'a`ite'been
<br />na,i;� •fit Safi=�:=cl
<br />i ae cont_-a—o: agrees to remo--e all rubbish, earth. and. unused material is the streets or sides there;
<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 an m
<br />before the __-:--
<br />unless the time for the completion of the same shall lie extended in writing by the Board of Public Work$.
<br />And it is agreed that any such "extension of time, or any alteration of this contract or of the manner or meth.
<br />od, of doing such -Oork 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 assign this c+-r tract. or sub -let the work -or any part thereof to
<br />be done hereunder, ivithout .the written consent of the Board of Public Works.
<br />It is further agreed and stipulated that th_ contractor shall give to residents of said city and county
<br />pi efercnce. in the etftploynl} !nt of all labor necessary in the performance of this contract, and failing to do so,
<br />shall t-orfeA to the city the sum of ten dollars for each failure to observe this stipulation. -
<br />And'iip1n 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, colt
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such improve,
<br />��snts,
<br />T0,Mch of the conditions and stipulations of this contract, including all and singular the prorrivions an*_
<br />ferias `bf the plans, profile, specifications and resolution aforesaid, the ,u a signed buds himself or itzen,
<br />and the-r. pective successor or assigns of such Parties.
<br />In Rlestimony Whereof, the Wem the foregoing named partiesii
<br />hereunto set our bands this 23rd. they of July 1923. .
<br />HOBAN & ROACH
<br />BY M. J. ROACH
<br />Contractor,
<br />CITY OF SOUTH BEND, INDIANA.
<br />BY L. B. SLAUGHTER
<br />L. P. ' HARDY
<br />ALBERT Fe -HONER
<br />Its Board of PUlie Works.
<br />
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