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22ad.19177.-
<br />' - Public I rovement `Contract
<br />p= _
<br />THIS AGRIa EMENT, `Made and entered into this_'______ ___ _ _____1��. ___. ___._____. -_______day
<br />of_ - I -= - - ��f i9 1., 1 aid between 't'e �e Pape
<br />---__and State -of ___Iad-&mar, :~
<br />of the-. County of- ------fit_.---�t�sa_ _ ------ -- -- -- - ------
<br />"), arid, the City of South Bend,in the Count of
<br />(hereinafter referred to .as -the : ontractorY r,
<br />t St.-Joseph,-'and-
<br />ofState-of-Indiana b and. throw h its Board Public Works; {hereinafter referred
<br />to a_th"City"), Winder and by -virtue
<br />af..an Act of the General Assembly of the;State of Iridi=
<br />am,' ;entitled An Act. Concerning Municipal . Corporations," approved March- 6; I and all
<br />v amendatory and supplemental "acts thereto: M
<br />Witnesseth,=_that the contractor covenants and .agrees to a omtructsewer eommeet io"
<br />-s Co -. tr�et fr:o>� St,- �,o i� .Blued to Niies-AveY�e,`. iit the �C`ity -.of
<br />k G uth <34sd.,- ][ad iaia . r
<br />-
<br />8h.„ ate; for Ake -r ollow Ixg prlee `S c s 4
<br />1I2 1izea7 feet of 6" conduit pi1�e, pert ft... � 1 3
<br />To > e a © tru�ct,66<6ee°ord ixg. to tc-- p. AXW--Affid speQ:
<br />_ ...,
<br />and to per orm ally or _3, prosecution said -improvement uderacording=i tes aiiNond, Cn
<br />of Immprovement Resolution No. ._,-adopted' by ,the Board- of Public Works ______
<br />a----------------
<br />nd the p'l s; profile and'spect cations on file n the office of the Department of Publie Works; -which said resolu� t'
<br />= tion<plans,.profileand spiecifieatons are made: a part;hereof as fully and effectually as if copied, and set:out herein'
<br />at full length.. J
<br />"Fhe'contractor further expressly covena�ntts and:agrees*yt�hax in the .prosecution of s i work I1 propeF-skill'
<br />and care will be'exercised; `that he'will properly guard and protet"alb excavations and dangerous places, and will
<br />use all, due- and proper precaution to prevent injury to any person or property;: that :in the event of any injury
<br />,or -damage resulting..from t-he-work_.or-r-esulting-fcom any matter or thing connected therewith or arising there
<br />from, to any person or property, he will,pay and liquidate the same at his own expense; 'and assume the liability
<br />therefor; and in the event of any claim "or claims being made or any action or actions being li ought=against the
<br />city by reason or on account of or growing out of said work or its construction, the said contractor will at his
<br />own expense defend the same, and will payany.judgment recovered therein, and -will -in all respects fully indemnify
<br />and save harmless said city, its _ofl, cers,_agents or representatives from all cost, expense, payment _or; judgment
<br />recovered in connection with such claim or claims; action or actions: And if within ten days after any such
<br />action is begun, the city shall notify the contractor of the pendency thereof, -then any -judgment rendered "against
<br />the city shall be conclusive against. the contractor and against the surety on his construction bond, as to the
<br />amount, liability and other .matters pertaining thereto.
<br />And the contractor agrees to, maintain said°improvement and make such repairs as may be necessary for the
<br />period and in the. manner as fixed by the specifications, and to secure the maintenance and repair thereof to file
<br />withtheBoard of Public Works. a bond with sufficient surety.thereon. and in an amount as fixed by the specifi-
<br />cations. And in' doing such repair work the contractor and the surety on his guarantee bond shall' be subject
<br />to the same -liability'ta:'the city and any other person for any injury or damage to any person br property in the
<br />same manner -and to the -same, extent as is fixed in the last preceding paragraph covering the construction work.
<br />And it is -further agreed'by, and between said parties that the acceptance of the work provided for in this
<br />contr4ct,,or the. payment. thereof, shall not constitute a waiver on the art of the'cit of any'of the p y provisions of
<br />this contract, nor shall it release said contractor or the sureties on his bond for the faithful performance thereof;
<br />nor shall the accep'tarice be prima facie evidence of the performance of any provision: of this contract, except to
<br />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 such
<br />improvement and:in the performance of hiss contract, whether done or furnished_ for him, .or. his agent, assignee,
<br />�a�.
<br />successor orfsubcontra'ctor; and ?the city may reserve gut of'`any allowance made on any estimate an favor of the
<br />contractor or his assigns, or out of the amount due him ur p6m-r SO
<br />much as may be necessary to pay all laborers or material men for amounts due them for work done or materials
<br />used or furnished to be used in the performance of this contract and the doing of said work, and the county tress
<br />urer, acting as city treasurer, may retain money collected from property owners assessed for said 'improvement
<br />to .pay such debts or until the contractor shows that they have been paid or satisfied.
<br />The contractor agrees to. remove all rubbish, earth, and unused material in the streets or sides thereof upon
<br />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 />before the--- -------------- day of 19----------- ---
<br />unless the time for the completion of the same shall be extended in writing by the Board of Public Works. And '
<br />it is agreed that any such extension of time, or any alteration of this contract or of the manner or method of
<br />doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sureties.
<br />It is agreed that the contractor shall not assign this contract, or sub -let the work or any. part thereof to be
<br />done -hereunder, without the written consent of the Board of Public Works.
<br />It is further agreed and stipulated that the contractor shall give to residents of said city and county prefer-
<br />ence in the employment o£all labor necessary in the performance of this contract, and failing to do so, shall for—
<br />feit 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 : per=
<br />formed by said contractor the said city agrees to cause the cost of doing such work to be assessed, collected and
<br />paid to said contractor in the manner fixed by the statute governing the making of such improvements.
<br />-" To each of the conditions and stipulations of this contract, including all and singular the provisions and terms
<br />of the plans, profile, specifications and resolution aforesaid, the undersigned. binds himself or itself, and the re-
<br />spective successor or assigns of such parties.
<br />IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our hands
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