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staff+ July 31ste t 1923• Continued..
<br />'co perform all work in the prosecution of said im ro-ecinent under and according -to the terms and. c�s�
<br />-----...._-. adopted by the Board -of Puhl'c of TmproveTrent Resolsttian Z`To.._..------- --
<br />,)id thf; plans, p)orile Pnd specifications on file =n the ofrce of tL,� Department of Public Wor!kso yrl++rlt 4aid
<br />;0111tion, pla.ris, ptofile and specifications are made a part hereof as fully and effectually as if copied and
<br />>aa out. herein at fall length.
<br />1)e contractor further expres ly co-venams a cl afire-s that in the prosecution of said 'Arork all proper
<br />skill a„id case -,i'l he exert -] ; tr-t he � ,_ ` all excavations a.rd dangerous places,
<br />a),d ";11 ose, all dt,e a)-d p-o')Ctr i) O:"t tc or' s" `.'V perso'-i c l V: that i' flip eV'i2t r�'f
<br />,f.t)y in i)ry f fe r S ltliib from t'. , jz. or r _ fr it o rrc tF vi l' or
<br />or la.rn ,1,: � ^r cr th 1., ^o d thern�� 1
<br />arising therefrom, to any pers^ i or prop r,.y h --=t' ay 2 ) c-_.ldate t' e s =ne 2t 17 s own expense, a.rd as -
<br />shire the liability therefor, a1:d in the even- -)f i,..v cl r; or clairls b..;ngr-:ade or any action or actions b-_ir.;
<br />bco:fight A,;ainst the city by reaso-a or on of or growing out of ad v7or'- or its con trizction. sq.`1
<br />cOntra.ctor will at his own expense defend the same, and v rill pay any ludolne:,t recovered #herein. 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 '
<br />within ten days after any sack action is begun, the city shah notify the eontrac*..or of the penda nev
<br />than any judgment rendered a gai .st the city shall be conclt-sive agai -lst the contractor and against the surct-v
<br />t
<br />ui,,J., as to th �:.Y:w it, lia;ai`ity a -ad other ma'L"t,ers pertahmng thereto.
<br />Cho pef,Qd acid in the 111a;tner as fixed by the SnPc3£�cr3 . A, ax:c. i
<br />W file with VieBoard of Public Works'a bond z;;th su:`ficient sttrioty 'ltrrE: ;log
<br />s};ttifica.tic)ns, And in doing such repair work the contractor and the sureCy 0o 41i T r� t l
<br />rod.)j,ect to'the wine liability to the city and any other person for any injury Or ds►tt119= to fin y P'r c" P I r
<br />ri t;y in the sa2;ie AlaiYner and to the same extent as is fixed in the last preceding patagra?th cored ,g the
<br />ht:a 140ion workr
<br />A4 It 41 further agreed by and between said rart',^s that the acceptance of the work provided for in it
<br />r.o;itrret:, or the payment thereof, shall not constitute a waiver on the part of the city of attY of the prov�s-
<br />iuns of this, contract, nor shall it release said contractor or the sureties on his 'bond for the faithful perforr-1,
<br />F411c.0 theyvof ; nor shall the acceptance be -prima facie evidence of the performance of any provision of this
<br />price therefor.
<br />eplitract, except to the extent of entitling the contractor to the contract`
<br />The contractor agrees to pay for all labor and materials used or fur nsshed to be used ita the making of
<br />such improvement and in the performance of this contract, whether done or furnished for hitn, or his agent,
<br />assigarec, successor or subcontractor., and the city may reserve out of any allowance roads on MY sstirttatt-
<br />an favor of the contractor or t,: � assigns, or out of the amount due him or his assign$ upon the cotnplel:ioti
<br />of Elie work, so much as may. c ssary to pay all laborers or materim men for stnounts due. theta lot
<br />work done or materials use4 os iof
<br />uynished to be used in the performance of this contract and the doing
<br />said worn:, and the county treasure , acting as city treasurer, may retain maisty C®lit hsd from pr�ert
<br />owners assessed for said improvemeht to pay such debts or tuxtil the Wntr*etOr ibowti their they dye been
<br />vaid or satisfied
<br />(,_.• e s to rerllu all rub'--- earth, and unused material in the 5tre0ts Or 81dEs tttNttei
<br />upon the completion of the improvement or the repairing thereof.or
<br />The work of making such improvementxshali be completed according. to the terms of this contract all ..
<br />_day of---------------------..................................1$.........N
<br />............
<br />urjjcre the
<br />ttrilt s of the same shall be extended in writing by the Board Of Public or s,
<br />the time for the completion
<br />And it is agreed that any such extension of time. or anv alteactor or his sureeration of this contract or of the manner or mr-
<br />od of doilig such work shall in no way affect the duties, obligations or liabilities of this contr-
<br />ties.
<br />It is agreed that the contractor shall not assign this c{ir tract, or sub -let thework or hny part thereofto
<br />be done hereunder, without the writren co:.:: —it of the Board of Ppl,lic Works.
<br />it is further agreed a:?�± stiputa*ed th2t toe contractor shall give to residents of said city and county
<br />preference in the employm=nt of Al labor necessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the, sam of ten dollars for each failure to observe this stipulation.
<br />And upon the performal-ic, of all the terms and conditions of this contract, and things to be done and
<br />perfot,;,cd by slid 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 improv&
<br />p_:e nts.
<br />To each of the conditions and stipulations of this contract, including all and kind b�a1sihe p7elf �rns and
<br />itsel,
<br />terms of the plans, profiie, specifi�auons and reso,ution atoresa:d, thv under fig
<br />and the rcw*,)entive successor or ass:a;e of
<br />In Testimony Whereof, Wes the foregoing named parties,
<br />hereunto set our hands this 31st. day of July 1923,
<br />W. H. BtiRKE
<br />CIT7r OF SOUTH BEND, INDIANA. PER H. E. GOHEEN
<br />BY L. B. SLAUGHTER Contractor;
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Its Board of Public Works
<br />Public Impirovemmt Contra
<br />q sib sa yy _ ` 5
<br />t-r'___-Uri Zr �-asr,•, , ►-�,�► r,69 by and i76'�woos4 � __ ,ems,_ i� _. 1h
<br />Wiii '
<br />St Joseph Ineti� _
<br />Q'� u counts re"'r- -s.0 e i r e e e e e s e s ►u a .pt�t� ® e e s s e t t/ t t srt t t i't't I°f 1"'Fi t i'it`t$'1i q)
<br />(hereinafter referred to as th67 4' Contractor") , and. tha Oity, of S@nd in
<br />the County of St. Joseph, and State of Indiana,, by and thr it@ 10®ard of I;Qjo
<br />,Works (hereinafter referred to as the " City" ) , for and by virtu@ of an A@$ of
<br />the General Assembly of the State of Indian , entitled "An Act ftw@rni i@1»
<br />pal Corporations approved March 6, 19050, and all "tM lid
<br />Aots therato,�
<br />
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