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761.
<br />-and to perform all work in the prosecution of said improvement under and according to the terms and con-
<br />diti6hs of Improvement Resoli.it'ogi No. .665- ............. adopted by the Board of Public Works ..... .A�il.__.2,9th.1919.
<br />and 'the plans, profile a.nd sp cifications on file t11e office of tl e'nepa-*ment of Public Works, wb ch sPid
<br />resolution, p'an.s, profile and specifications are trade a pa.;-t hereof as fully and effectually as if copied and
<br />set out herein at f,-ill lend*.h.
<br />e contractor further expr s :lv covenants and ,bat in the ms�cut;on ; 11 p
<br />sl<ill : , P of said work _ roper
<br />1 Care r er .rc c ri h� r•• F...n . .• all 'ra ^nS acj4 dangerous lacefs
<br />use 0 dii� 1 d p� der pr, :i17 to pr t i ail p n y peT C I t.' r t' �,. f n Vp }
<br />any injury or (41-_,,m--?(1re resulting.frcm tli,iv i ; fr r Or thin -
<br />arising therefrom o an. er ^n or on .rt r i iv a- � 1 e t._ r.tivt .I or
<br />Y P pr y, . 1 date `h s one at r;s o,vn expense and a.s_
<br />surre 'he liability therefor; and in the event of an Ala.,., c- laarhs b n� tP r
<br />y m ,.. _ c . any action cr actions b .:
<br />brc:tjht against the city by reason or on acco.urt'of or grc-V,ng out of s-"(d 7..icr': or its co=�rtrt,c•tion r_. sa1d
<br />contractor will at his own expense defend the s- me, and ,rill pay any judgment recovered thQrein, and r,ll in
<br />all respects fully indemnify and save harmless said city, its officers, agents orrearesentatives from all cost
<br />expense, payment or judgment recovered in connection with su<h claim or claims, action or actions. A=id f
<br />w'th.in ten days after any such action is begin, the city sha.11 notify the contractor of t;,,_ perde-cy Cher -of,
<br />th .n any judgment rendered against the city shall be cgnclusive against the contractor and against the suret;-
<br />can his construction boned, as to tb amount, liability and other matters pertaining thereto,
<br />And tlie'cti<rra.�''_or air es to r alert_;.°n Said 7 ':r:J •le. t v '
<br />the period an :e su it i'ep s as r, }` ; -_ £l lil the mae,z,Cr Sea" f Xf d Uy the $) r bra. JrS, and to sect.rC ,ie n;4ir n a..c.e a. tt 1 p?,r t
<br />to file with Oe Picard of Public Works a bond stb s *fiicient surety the.reo.: and i:i are, amours t � ;i.;.tea ,, ,r
<br />specifications, Arnl 1n do rag such repair work the contractor an +
<br />subject to the sarie liability to the city 1 t d the surety ©n his gr:arante oc�=:, s �.'1 l:=
<br />`fir �Itu,aa3 other person for any injury or dam�f;e to any p _ pa,,
<br />c'r.;y in the sari e mai,rier alifi to tf1e same extent as is fixed in the last preceding paragraph cov�,..tg ie col._
<br />straetion work.
<br />Ai d it is .further agf•eed by and het;,-cen said parties that theIacceptance of the worlt provider for i i fi`.i:;
<br />coo trc ct, or the pay, -c:.t t,,_r'^f c L f of co lst;t zte . a wa,v-:r o the t of tile cit t7i s of this contract, nor shall it r iea;e said contractor or the suretl s uti+his bond for the
<br />fattl ,t +p pro'.;",
<br />;
<br />an 'e thereof; nor Shall the, :acceptance be r:ma. facie e v1 ne^
<br />contract, e?'r' p C o oI she performance of any provlsi0l of t:i11;
<br />, opt to the exte;t of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for ail labor and materials used or furnished to be used in the makin.;g of
<br />such improvement and in tine performance of this contract, whether done or fur-nished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any esti*rate
<br />in favor of tile,contractor or assigns, or out of the amount due h-inn or his assigns upon the completion
<br />of the work, so much as ma borers or materiai men for amounts due them fo=-
<br />'work done or materials uses, urnishe t to
<br />pay all la
<br />.urnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, may retain money Boll: ^ted from propert,
<br />owners assessed for said improvemert to pay such debts or until the contractor s'Sotivs that they have ibftr. 1
<br />paid or satisfied
<br />r emc nil nv': ,`_,h. ear h, and un+ sed material in the streets or sides thereat
<br />t.l�oit ti,t curtpi�.�o c� the irnprovzm it or tb.e repo;ring thereof.
<br />The work of maltng. sii h ggrov_ment shall be completed a cordi to the. of this contract on or
<br />before the.. ....... ... P ... --- ---dav of _
<br />19
<br />u ,t�Fs the time for of 1-he sa e sb-li be e.-terried ,n \v t. r by the Board of Public Works.
<br />.And it 1s agreed that any s<9''i'1 • ±en'!ion 0 7z� or an 't r, i t h t; ct or of the manner or meth-
<br />od e . doing such work shall ;-n no way affiect the duties, oblig?;ions or li-bilities of the contractor or his sure -
<br />it is agreed that the contractor shall not -ssign this contras`, or sub —.let the work or any part thereof to
<br />be done hereunder, w, ' u ~e -.. of trie Board . P: blic Works.
<br />It is further agreed and coat ;tor sh.al! e to residents of said city and county
<br />preference in the employrn net .of P11 la ser ,c�,sary in the n crfo-,,,a„ce of this contract, and failing to do so,
<br />shall forfeit to the city the sum of t-en dollars for each. fail, -re to observe this stipulation.
<br />And upon the performance of all the terns and conditions of this contract, and things to be done and
<br />performed by said contractor the said city agrees to cat -se the costr_:f 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 />nuents.
<br />To each.of the conditions and stipulations of this contract, including all ar.d singular the provisions and
<br />terztxs of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself.
<br />Al."Alk"d ttw respective successor or ass:,'rrs of such parties.
<br />Is testimony whereof, We, the foregoing naI P& t iea., he'reuat•
<br />let our heads this 17th., day Of Jude 1919
<br />JOSEPH A. LUTHER*
<br />CITY OF SOUTH BEND, INIMM.
<br />.By G. A. Elliott,
<br />Its Beard of Public Werk;B.
<br />..
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