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19it,nessei,h, that the contraet,or covenants and agrees t,oconstruct
<br />grade and sidewalk on sough side of Kelier;..St,reet fr,6m 'Portage Avenue to W.
<br />1�ue_ of Morris Park Addition , in the City of Sough Bend, Indiana. at and fort
<br />the follo*ing prices:
<br />2740 so. feel, of cements sidewalk per sq. f'L..o .18
<br />65 cu. ands. of grading per cu.-yd........ .95
<br />d.nd to perform all work in the prosecution of Bald :ice_ vement under and according to t%e terms and
<br />ditions of Improvement i2escilution No......11-52___ adopted by the Board of Public 'S7tirorks..
<br />May 9 �23
<br />�%nd the plans, profile and'specifications on file in the office of the Depa-tment of, Public Works,, vvh c said
<br />resolution, 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 .prosecution of said work all broper
<br />skill and care r,i,l be exercised: th-2t he
<br />find %x 01 use all y I o`"ct all excavations and dangerous places,
<br />due and proper precaS,t,on t �r injyr� ro i:y person or p* �erty; that in the event of
<br />aa�y injury or damage resulting from the N", r r s„I*, froi�z aV m� ?p
<br />�, t__r or thing connected there*.' or
<br />arising therefrom, to any perso i or property, ham - 11sv ar n li!c �idate the same at his own expense.
<br />sume the liability therefor: and in the event of a.nv cia.ir-i or claims beingp se, and as-
<br />bro'9.ght against the city by reason or on account of or gro`s,ing out o= made
<br />or is construction.ithe
<br />contractor will at his own expense defend the same, and t-,ill pay ;any judgment recovered therein, and will in
<br />all respects fuily indemnify and save harmless said city, its officers, agents or representatives from all cost]
<br />expense, -payment or judgment recovered in connection withi 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 />thifn any iudgment rendered against the .city shall be conclusive against the contractor and against
<br />a his construction bond, as to tb 3mouiit,�liability and other matters pertaining thereto. the stiretj�
<br />r{iCE t1t! cat`:tractor agtcrs ro tuaiatain saki a_. ,_:u .e su a repairs &s 1-4ay t_e riei;es;l€la1.
<br />the tr od and in. the manner as fixed by the specifications, and to secure the xtaattrtertatut o find r a lr thercaj
<br />to Ali. 9 With the Board of Public Works a bond with sufficient surety thereon alit in a n Rmount hli ;td h vfq
<br />#Poe-ifacattions, And in doing, such repair work the contractor and the surety oft his Itua�rahtet bbed the l has
<br />010JOet to the satne liability to the city and any other person for any injury or danitigo tb any, WItAt3 of bfbp,.
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph eel#erit thebitW
<br />atruction work,
<br />And It is further agreed by and between said p rugs that the acceptance of the Work provld@d for lti thlll
<br />tttaet, At the payment thereof, shall rot constitute a waiver or. the part ®f the city © any at the ploy#s=
<br />iollil of this eaantract, nor shall it release said contractor or the sureties on his bond for the faithful petform. 44100 thereof; nor shall the acceptance be prima facie evidence of the performance bf ally ptolilliio t of this
<br />QQntr7Gt, 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 furbished for him, at his 4gen4.
<br />IIS0941ee, successor or subcontractor ; and the city may reserve out of any 11ll0wgflce tit&& on StW @§t1ffAt@
<br />in favor of the contractor or assigns, or out of the amount due him or big attsi�s npi� the l�la�ti�
<br />of the work, so xiiucl. as rasa, cessary to pay all laborers or material 3nen � smount$ due them fait
<br />WQrk done or materials use4 .�r :urnished to be used in the performance of tbis Contra attd tW dolft of
<br />said war::, ard the county tr,,a6urer, acting as city treasurer, mar retain motley 4011e. fed from proms
<br />owners assessed for said improvement to pay such debts or unss'1 the co7srraggW i6bOW4# gW �
<br />raid 7r satisfied
<br />4a.ees to remo atl ru--isii, earth, and unnsed materitil in this 1AM06 W #16t t31�t't
<br />Upon the Completion of the lmprov€m_:A or the repairing thereof.
<br />'rise 'work of making such improvement shall- be completed
<br />before the., ole ed according to the t€rnts of tltlg fttst�.qt an W
<br />tta� or the time for t..---------------------------------- ----------- day of ............ _......
<br />.....,,.,
<br />e completion of the sane shall be extended in writungfby�the Board of 13siblie Wortig,
<br />A.tttl it is fl.grNeA that any sOrch e_etensior� of til-ne. or any alters *ion of this contract; or of the fnattititir at; t}tt�tlt�
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor of his cur@.
<br />ties,
<br />It is agreed that the contractor shall not ?ssign this c rr tract, or sub -let the work ®r any pant tliers®f to
<br />be done hereunder, without the writTen consent of the Board cf Public Works,
<br />It is further agreed and stipulated That tlse contractor shall give to residents of said city and coulity
<br />preference in the employment of all. labor necessary in the,verformance of this contract, aril failing to do Bo,
<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 tine 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 />iected and, paid to said contractor in the manner fixed by the statute governing the making of such Ituprov� ri t nt`s.
<br />To CU!, of the conditions and stipulations of this contract, including all and sitigulax the prcriolons an4
<br />%r'z:�s of -the plans, profile, specifications and resolution aforesaid, the ttttdexigned binds hir.4self �' ita9ael
<br />and tho rtmpective successor or ass;--:s of ci.cn r'a.t:ec-
<br />In Testimony Whereof, We, the foregoing named parties,
<br />hereunto set, our hands this 28t,h. day of July 1923.
<br />CITY OF SOUTH BEND$ INDIANA. INDIANA CONSTRUCTION CO
<br />BY L. B. SLAUGHTER BY ERNEST T. TRANBERG
<br />L. P. HARDY Contractor,
<br />ALBERT F. HONER
<br />It,s Board of .Public Works
<br />CONSTRUCTION BOND
<br />-_ ' LY th"e Pre* ts. That we...__-__.....,_..,,Indf r C® tst,ruet,ion Company
<br />comfy ail- assaRb State of Indiana igg B el=
<br />f%4 gild
<br />d#fie---------......_....
<br />Cogan ®tf �....... — - ......and State of -.a„
<br />9911IR9% are hold and firmly bound to the City of South Bend, Indiana, In the Mute �f:_ "'•�� 1,,, rl�wd
<br />-ad Given tsau.tea_.---.�_�,�e.._....________ 277.00
<br />•••••�•••••..............saeaaeresa,esrexsa�ttlft.�_al�:�.
<br />iltf ;pyla of which, welt and truly to be made, we jointly acid "vsrally bll�d a gimp
<br />ft"M > admitttttraators and assigns, firmly by these presents,
<br />ti the of the obligation are such that if Yhe' above
<br />
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