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Tuesday June 13 th . , 1922 . Continued.
<br />dl.....
<br />,a.c.s and s.:�.is this ......... _.....1.�1 �„�-. ay
<br />FIDELITY AND D OS T COMPANY c ,
<br />C�1�O..,A.,,,,.,.HARR,OP,,.
<br />B II GH P. D NAH00,'
<br />7'1'4e. ah *ve bond _Pmovetd this ---- ___-____-�-1�t+k1.._,.... _-.
<br />June 1922 ,
<br />L. B. SLAUGHTER
<br />.................. .................w,...... .
<br />PUBLIC IMPROVEMENT CONTRACTS
<br />This Agreement, ande and entered into this 12th, day of June 1?22
<br />by and between Geo. A. Harrop of the County of St. Josep h and State of Indiana hereinafter
<br />referred to as the " Contractor"), and the City of South Bend, in the County of St.
<br />Josepyh, and State of Indiana-,-by-and-through-its-Board of Public Works, (hereinafter
<br />referred to as the " City"), under and by virtue of an Act of the General Assembly of the
<br />State of Indiana, entitled " An Ac t Concerning Municipal Corporations, "approved March
<br />6,1905, and all amendatory and supplemental acts thereto:--
<br />Witnesseth, that the contractor
<br />covenants and agrees to construct pipe sewer on Marietta Street from Indiana Avenue to
<br />Dubail Avenue, in the City.of South Bend, Indiana at and for the followir4 prices:--
<br />290 lin. ft. of 10" pipe sewer, per lin ft, ..... , ....2,40
<br />32 lin. feet .of e" pipe sewer, per lint ft........... .90
<br />112 lin. ft. of 6" conduit pipe per lin ft.......... 1.00
<br />10.2 lin. ft. of mamholes per lie ft...... , .......... 7.00
<br />2 storm water grates, each.........:.................I0.00
<br />1 manhole cur and cover, each .................009..015.00
<br />and to perform all work in the prosecution of said improvement under and aecordiug to the tams .aPd cans,*
<br />ditione of Improvement Resolution No. .___97B-------.---- adopted by the b and of Public Wux'lta... p ... . s 1122.
<br />and the plans, profile and specifications on file in the office of the Department of, Public Works, fie+ C es .d
<br />resolution,` p}ans, profile and specifications are made a part hereof as fully and effectually. as if copied and
<br />sot .Out herein at full length.
<br />The contractor further expressly covenarts and agrees that in the prosecution of said work all prspr
<br />o: n, + all excavations and dangerous places,
<br />skill and..care v ill be exercised; tthathe ' 1 } onQ ' d F
<br />and will use all due and proper precaution to ar-,v - ��,u+-v t., ny person or property; that in the event Q
<br />any injury or dams.;$ result na from the �_r or r s ��ti from arty matter or thing connected thevewM !fir
<br />arising therefrom, to any person or property, he � -M flay arri hc ,,id.ate the same at his own expin", and its-
<br />sume the liability therefor; and in the event of any clair-� or claims being made or any action Or actions hallo
<br />brought against the city by reason or on account of or ndg owing any ofs^.idwork
<br />or its c tstr ctio nslthe
<br />Oall
<br />contractor will at his own expense defend the same,, a pay y judgment
<br />all respects fully indemnify and save harmless said city,, its officers, agents or representative$ from all cost
<br />]j
<br />experise, payment or judgment recovered in connection with such claim or claims, action Or act$On$. And li
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />thad any judgmnent rendered against the city shall be conclusive tgai s t thtracto d igai t the $ttretY
<br />F
<br />on
<br />his oortstr>ktc�on bc: d, as � th ame�-��, �:.a�ty pertaining
<br />And the contractor preen to maintain said improvement arid, make such repairs as may be necessary tk,^Ii
<br />the period and in the man, ner as fined bX the specifications, and to secure the maintenance and repair theta®f"
<br />to with the Board of Public Works a bond viIth sufficient surety thereon and in an amount as fixed by the
<br />opedifications, And in doing suck repair work the contractor and the surety on his guarantee bond shall be
<br />,ubjs;ct to the same liability, to the city and any osier person for any injury or damage to any person or, prop-
<br />crty in the same manner and to the sae esteut as is fixed in the fast, preceding paragraph covering the cOn-
<br />uc
<br />ftruction work, --
<br />A%d.it is further agreed by and between said parties that the acceptance of t>ie work provided for in this
<br />con.trect, or the payment thereof, shall Pat eonstltute a waiver on the part of the city of any of the provis-
<br />lono of this contract, nor shall it release said cont—Mctos or the surzties on his kond for the faithful perform-
<br />ance thereof; nor shall the acceptance be prim. itrn evidence of the performance of any trovlsion 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 />Asasignee, successor or subcontractor and the city may reserve Out of any allowance wade on sissy estishate
<br />In fs.vor of the- eontraeter'or- 1h a assigns, or out of the amount due,him or kis assigns upon the completion
<br />of the work, so rnuail as•ma3 cessary to pay all laborers Or uaateriac mea for ausounts due these for
<br />work done or aafater1v4s, listed op,curnished to be used in the performance of this contract and the doing of
<br />ss;r ld works and the county treasurer, acting' is' &i frc,&surer, nosy retain money Coed from property
<br />®wnajra st®seb ed'f®' RAsti 1r1►1iroVehie3�t fo'pay'sit& debts, or � tiie ��txeesaur sa?�����s that ey rya bern
<br />paider6s�d@fi4,, .......,.,.....,,.
<br />the coar-a� ot- a�; cws to remu- alit ruh,ish. earth., and unused �ateriil in the streets of sra^a
<br />n the t o rplelioti of the improvement or the repairing thereof. '
<br />The work Of making sim% improvement shall be completed acror-4fing to -the terms of as eellmet on or
<br />bmforethat;....... .... ...,.:e..,..,..... I ..... ...:..:.:.1.......... =-......... dav of_..... ---------------------------------------------- ---- ..-......, ......., _ _ 19.
<br />unle$s the tinte for the completion of the sar,e shall be extended is writing by the Board of Puklic 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 />od of doing such work shall in no way affect the duties,obligatio"s or liabilities of tke contractor or his sore -
<br />ties, _
<br />It is agreed that the contractor shall not assign this #-v -act, or stab -let the work or any part thereof to
<br />be done hereunder, without -the written co -,,,,!,it of the b rd of P;>)Lc Works.
<br />It is further agreed and stipule+ed.. thst tiv! contractor shall give to residents of said city and o*vnty
<br />preference in the employment of all labor necessary in the performance of this contract, and failing to Jo so,
<br />djlaii forfeit to the city the Sum of ten dollars -for each failure to observe this stipulation.
<br />And np6n, 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 salad paid to said contractor in the manner fixed by the statute governing the making of such improve
<br />-
<br />Tu oh of tho conditions and stipulations of thic`eentract, including all and singular the ,provisions and
<br />ttrl rs of the plans prcif►le, specifications and resolution aforesaid, the undersigned binds himself or itself,
<br />and t*a ru- ectiyt sume",+or or almigm of wch parties.
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