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dmj To perform all work in the prosecution of said itnt►r©vement itnder acid jccorc�in to the tee and con.
<br />tlitigns of Resolution No.... 122C ad tell by the 13coard of Ptiblic World..,. JUD � 5th 1923.
<br />and the plans, profile and 'specifications on free in the office of the Department of. Public Works, whtch7 gaud • s
<br />resolution, plans, profile arid specifications a e made a part hereof its fully and effectually as if Copied and
<br />set out herein at full length.
<br />'.he contractor further expressly coven nts and agrees that in the prosecution,ol said work all proper
<br />skill ai;d care :-;'l be exercised, th2t he T i ii rope PF �r a .3 p 1* tall 'excavations .and dangerous places,
<br />and .+,11 uMa'll'cftie'a4A pr oo. er pi-;;a,ition t prep * inluzv r� t.v person x -'a i rg -. r
<br />any injury or damaoe rpsxtltin� from t�tP ti*„ or ray tl* 5 0 1 F y� 4 that i'1 lee eVP,tlt tj#
<br />a t i frar a v r� t*,Pr or t1l tlg r_orinPctPd therewith or
<br />arising therefrom, to any, person or propert, by • 11 day a,. lie .ida.te the satiae at bis .own expense, and as-
<br />sume the liability therefor; and in the event' of any lair, or cia;las being made or any action or actions -being
<br />bro-ight against the city by reason or on account of or grot wing out of U= d work or its. construction, the said
<br />contractor will at his otyn expense defend the same, and will, pay any judgment recovered therein, and will in
<br />a.li YCspects 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 claimor 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 />thin any judgment rendered against the city shall be conclusive against the.contractor and against the surety
<br />on his construction boaid, as to th amount, liability and outer matters pertaining thereto,
<br />d6bu tee cor,cractoa agrees -,e ;: a :r:ain saic iu,�r�..-�.. .,t a..,, ...ar.e aw_h repairs as may Le necessary
<br />the period and fn the manner as fixed by the specifications; and to secure the :maintenance and repair thereof
<br />to file with the Board of Public Works'a bona VY;th 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 />11,l4bJect to the same liability to the city and any other person for any injury or damage to any person or prop-
<br />erty to the same mariner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />Araction work.
<br />And it is further agreed by and between said T,-art es 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 />lolls of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform -
<br />alive 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 />asd3gnee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or I,— 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 there for
<br />work done or materials used or furnished to be. used in the performance of this contract and the doing of
<br />said wore., and the county treasurer, acting as city treasurer, may retain money eollested from property
<br />owners assessed for said improvement to pay such, debts or until the contractor ihows that they have been
<br />P&4 gar- satisfied
<br />ua;ees to remo• all ruby sh, earth, and un�,sed material in the streets or sides thexcvt
<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 on or
<br />beforet.he -----_--------- ----------------------------------------------------------day of------------_------------;--..------_.---------------------.--. ---- 19..........0
<br />unless the time for the completion of the sane shall be extended in writing by the Board of Public Works.
<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 work 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 ?ssign this c•,j tract. orsub-let the work or any part thereof to
<br />be done hereunder, withotit the writ*en. cons ,nt of the Board of Public Works.
<br />It is further agreed and stipula*ed'that troe 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 dos 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 />performed 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 by the statute governing the making of such improve
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />fermis of the Flans, profile, specifications and resolution aforesaid, the: under*igned binds himself or itself,
<br />xnd the rcwpective successor or assil-rs of such parties.
<br />In Testimony Whereof, We, the foregoing named parties, hereunto
<br />set our hands this 31st. dray of July 1923.
<br />CITY .OF SOUTH BENDo INDIANA. WM. He BURKE
<br />L. B. SLAUGHTER Per H. E. Goheen
<br />L. P. HARDY Contractor,
<br />ALBERT F. HONER.
<br />Its Board sf.PUblic Works,
<br />Public irripi-ovement Cott -t
<br />��� r, (� :1 �9 Made
<br />t� - f y q ,g, y� y� C� Gi 28 th
<br />-- j�.- ;.,,j.3.�l:ii 3-�XiG)`.f�l�:�..�S1JV.L 9 Made ay)-d eyiter ocl int6 thi uY"�.^r
<br />by and betwoeatl Inctiaria C®nstruet.ion
<br />Company
<br />of the Co��ntg St. ose�pY} er.�.d State of Indiana
<br />c ,�'esc *e'ro"s s o s e• s. e s •• r e ., s s a e s e s• W& •- c'6 wa"&
<br />j(hexcinafter referred to as the "Cor7txactoranon, tb,e City' of South Annul iu
<br />the County of Ste Joseph, and State of T'rda_a.».a, by an.d tbr,oug its board of Publio
<br />Works (hereinafter referred to as the "City") , -.rider firer, by virtuo of an An't o
<br />the General Assembly of the State of Tndiama, entitled 66AnAct Conoornl.vft"Mbyl����
<br />pal; Corporations, > > apprc edM'"Cb 6, Z905, and all 8ffaer_d t:,ory and supp Montal
<br />40-ts thereto;,,
<br />
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