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<br />:uld to perform all wort; in the prosecution of said improvement under and according to the terins and canny-
<br />dltions of Improvement Resolution No... 8 .............. adopted by the Board of Public Works-•. ,�z _?fly„1919 .
<br />and the plans, profile and specifications on file in the office'of the Depa-tment of Public Works, which 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 lencth.
<br />Tile contractor further expressly covenants and agrees that in .the prosecution of said work a.11 proper
<br />skill a• 'd care 1 be e�.eresel; tr : he 11 n-on ; ' ' r �`^c` all excavations and dangerous places;
<br />sand � '?1 use all dtie 2^d pr'?n'r prec� 1`'On to.or: _` �?. y * � � y perSOn nr p Y ` ; th.a i't , � event Mf
<br />any injury or dame.ge resulting .fr^-f t? : or resat nrg fr�n a y---.t+r.r or thing �onnA*cd therewi`i or
<br />arising therefrom, to any perF^ ,i or proper y,.l:e -111 my a- 1;6 �iidate the ;sa-ne at his own expense, and as-
<br />suir_e the liability therefor; and in the event of any clasp or clairis being made 'or any action cr actions b^ir,
<br />brG;:;ght aga+nst the city -by` reason or on. account of or growing out of s—,=d Worl: or its construction, .1 s 'd
<br />contractor will at his own expense defend the same, and wi-.1'1 pay any judgment recovered therein, and �v' I ir1
<br />all respects -fully indemnify an` i save harmless said city, its officers, agents or representatives from all. cost,
<br />expense, payment or judgment;recovere.d in connection with such claim or claims, action or actions. And f
<br />within ten drys after any such action is .begun, thg city shall notify the contractor of tnf per4e:�cy then - `,
<br />tb=n any judgment renc?ered against the city shalt tie conclusive against the contractor and against the surd
<br />hits construction bong, as;to tb 'amount, liability and other matters pertaining` thereto.
<br />And the contractor agrees to mown*ain saicc ,e 5u fi repairs'as navy c necessary -
<br />the period and'in the inanner as fixed by the specifications, and to secare nae maintenance_ and repair thereof
<br />to file with ;the Board of Public Works a bond Nvith stiff cient surety thereon and in an amount as firmed by she
<br />specifications. And in doing' `suh, crepair work the contractor and the surety on his guarantee band shall be
<br />subject to the same liability to -the city and any other person for any injury or damage to any : pars,n or, prop-
<br />erty in the same manner and to the same extent- as is fixed in the last preceding paragraph covering th® con-
<br />struction work.
<br />And it is further agreed by and between said parties that the acceptance of the work provide i for in this
<br />contract, or • the payment thereof, shall -not constitute a waiver on the part of the city. of any of the provi s
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perfoou-
<br />ance thereof; nor. shall the acceptance be, ,prima facie evidence of the ;performance of any provision of thi;
<br />contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay;#or all labor and materials used or; furnished to be used its the makir of
<br />such improvement and -in the performance of this contract, .whether done or=furnished for him; os.his'agent,
<br />assignee, successor or subcontractor; and ibe city'may-reser,.e out �f any allowance made' on any estimate
<br />in favor of ,the contractor or V:1 assigns,. or out of the .amount due him or his assigns upon. thecompletion
<br />of the work, so much as ma,:,
<br />a, cessary ;to pay all laborers ar tna'terian men for amd'"ants due them ;for
<br />work done or materials uses, �arnished: to be used in,the performance of :this :contrac! -end the doing of
<br />said worn, and the county tre:.sarer,.aciing as city ireasurer;_ma `retain m©nay Collected from. property
<br />owners assessed for said improvement to pay suciz'debts or uiitit t e contractor shows that=they have been
<br />M id or sn.tisfied
<br />:to remo- all ear�h and tin se material in .the streats or sides there4o
<br />upon the completion of the improvement or the repairing thereof.
<br />The worm of making such Improvement shall be .competed according to the terms of this contract on or
<br />beforethe .............................................
<br />...... ...--- ---- --Aav of ------ ---- -----
<br />., 1�;.:..,....,
<br />unless the time for the completion of. the same shall be extended in wrist.. g by the Board of Public Works,
<br />And;it is, agreed thatany such extension of'time, or any alteration'of this contract or of the mangier or meth-
<br />od of doing such worts shall in no way affect the duties, obliga'tiora or liabilities of the contractor or his sure -
<br />It is agreed that the contractor shall not assign this conxract,_or sub -let -the work or any part thereof to
<br />be done hereunder, without the r-, ;t* en of the Board of: Public Worms.
<br />It is further agreed. and. stipulated teat .`!z- contractor shall' give to residents of said city, and county
<br />preference in the employment of all labor .iecessary in the performance of this -contract, and fasiirsg to do s=>,
<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 />pperformed by said contractor the said city agrees to cause the cost of doing such work to be assessdd, Got
<br />lected and paid to said contractor in the manner fixed by- the statute governing the making of such .improve.
<br />Wents.
<br />To each of the conditions and stipulations of this contract # includisig all and singular the provisiot3p and
<br />terlas of the plans, profile, specifications and resolution aforesaid, the' undersigned binds hirnself Ol Asvlf
<br />and the respective successor or assig-Ls of sueh parties:,
<br />In Testimony Whereof°, Wa, the f oreg oing :roamed past ieS, hereunto
<br />set our hands this 24th. day of September 1919, , 1.
<br />JOE. AUTHER
<br />CITY OF SOUTH BEND, INDIANA. Contractor.,
<br />BY G. A. ELLIOTT' `
<br />H. F. ROSTISER
<br />Its Board of Public Works,
<br />PUBLIC DDROVE14FIT CONTRACT.
<br />This Agreement, Made and entered in to this 24th. day of September
<br />1919 by and betweenlJoe Luther of the County of St Joseph and State of Indiang(hersin-
<br />after referred to as the " Contractor"), and the C� ty of South Bind, in the County of
<br />St. Jose Sh and Str to of Indiana, by and through ti Board of Public Works (hereinafter
<br />referred to as the " City"), under and by virtue o an Act of the General Assembly of
<br />the State of Indiana, entitled " An Act ConcerningMunicipal Corporations," approved
<br />March 6,1905, and all emdnatory and supplementalac s thereto;-
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />serer taps on Huron Str•_let from Olive Street to Meade Street, in the City of South Bend,.
<br />Indiana at and for the fallowing prices: -
<br />15-6" sewer tiiPe each ................. 45.00
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