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Tue8aay. May _')I ST0 0 4 1, I # uoarsnueu,
<br />PUBLIC IMPROVE MT CONTRACT
<br />TRIO GRE T Mad ntere�i n e this th. d of May 1q21.
<br />and b tween m. u ke count „ ,t. J s adi na
<br />E
<br />er ins ter r er egd as Ca. r , r e t�r,j?'joqhIRan ain
<br />e mu t y®f Jrase , an �,te trot soara '
<br />P: blic WQ� rks, he e1ne. a refe red `t as e under b nwiirtue
<br />an Aet of the senera ssemb ;s he Sate of d Ana entIVA An Act
<br />Ce cerni Mu i i a C er Hunsr approved Mareh 6,119R, and' all amendatory
<br />anR supp�Omen a cis 're��.
<br />W tnesseth that the entree or e v ants an.a gross' to oust t.
<br />winter ecanneo lens a Moire DaWe Avenue rrdfs �etr erp 131v�, to t. osep iver
<br />in the City. of Sout Bend, In manta at an or t e o" Jawing pioess-
<br />6 taps off. 'lung • side each ...... ..r 32.50
<br />and to perform all wor4 in the prosecution of said improvement under LT - laccgrding to ffie terms and c�n-
<br />and, "t a any, pro le nsl solution No. f l$........, adopted by the board of. Public Works _--4.pr_j 0,1921
<br />ditions of Improvement R!C ... 8
<br />p� Specifications on file n the office of the Department of .Public, Works. which sai4
<br />resolutidit„ plants, iif•ofilo and specifications are made a part hereof as fully and effectually as if copiedand
<br />set out herekn at ull ,length.
<br />?he egrtractor further expressly'covenanfs and agrees that in the prosecution 'of .said work 311 proper
<br />skill and care will be exercised; that he -'It prop-,rly '� .' and l --otter+, all excavxtionns and dangerous. places,
<br />and use all due and proper prec^.ution tb.lpr!v 1t inili-v .,, -try persft nr l r*�T; r',ut i•1 the event of
<br />any injury or damage resulting from tli' w^r'- or i'ev& ng frnr*i any m� *error' hi i 'tnitYt�.tQd theretvitli or
<br />agts,ing therefrom, t• any pzrg�n or troperty, he pay and }ii;ttidate fhpanre af'his'own expense, and as-
<br />sume the liability therefor; and in the event of any claim or claims bging made or apy action or actions being
<br />brought against the city by reason or on' account of or growing out of 8- work or its, construction, the said
<br />contractor will at his own expense defend the same, and will pay any=judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers,` agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with 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 ther^of,
<br />then a.ay judgment repdered against the city shall be conclusive against the. contractor and against the surety .
<br />iln hi3 constmction l o , as to th- an-xe-•~t, liability anal other ttcra pertaining thereto..
<br />And the connector agrees to maintain said irrnp�rovement ana make such repairs as may be necessary to,
<br />the eriod And in the manner a,4 fixed by the a», eihcations, and to secure rae maintenance and repair thereof
<br />to 448 with VIM Board of public Works a bond with sufficient surety thereon and in an amount as fixed by :he
<br />IpeciiicAtions, An,d in doing such repair work the contractor and the surety on his guarantee bond shall -be
<br />Nubject to the ear:=ie liability to the city and, any other person for any injury or damage to any pens 1 or prop-
<br />arty in the same manner and to the same extent as is fixed in the last preceding paragraph. covering the con-
<br />struction work,
<br />And it is further agreed by and between said rarta.ss that the acceptance of the work provided for in this
<br />contract, or the payment thereof. shall not constitute a waiver on the part .of the city of any of the provis.
<br />1911s 9f this eon'raet, nor shall it release said contr.*,,,tor orthe sureties on his bond .for the faithful perform -
<br />facie facie evidence of the performance of any provision of this
<br />@nce thereof;' nor shall the acceptance be prima
<br />Contract, ey=eept 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 Improvernwit and in the performance of this contract, whether done or furnished for him, or his. agent,
<br />a®silftee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />In favor of the contractor or t-:- assigns, or out of the aniount due him or his assigns upon the completion
<br />of the work, 8® much as mo cessary to pay all laborers or material men -for amounts due them for
<br />work done or materials usou or furnished to be used in the performance of this contract and the doing. of
<br />said Vt:firit# itt+d the county treasurer, acting as city treasurer, may retain money coYected from property
<br />owners Uses, for'said impreivewient to pay such debts or it ,,iil the cc :' - t';r,t they have been
<br />or eatiefied
<br />i ! =te c1n V-a-c' a pew to remo , ail rvh; isit, earth, and unlAsed material in the strotte or stu�4
<br />upon the completion -of the improvemyat or the repairing thereof.
<br />The work of making siich Improvement shall be completed according to the terms of this contract on a�
<br />before the.. ........................._ .................day o#........ ....
<br />unless the time axtanclGd ++t
<br />e for the Completion of the sa. . shall h ...................
<br />.,`...............................................
<br />19..........,
<br />wrltt �g by the board of public Works,
<br />nd it is agreed that any such ertenQron of time, or any alteration of this contract or of the manner or meth-
<br />A
<br />od of doing such Work shall in no way affect the duties, obligations -or liahilities of the contractor or his gore -
<br />ties.
<br />It is agreed that the contractor Thal} not assign this nk,tract, or sub -let the work or any part thereof to.
<br />be done h`eretinder, witho rt the titrit-en et „-nt of th.e f3nard �y Prhl++.c Works.g
<br />It is further agreed and .sti ul� •ed tbm ' • ,
<br />P F `a_ contractor shah give to residents of said city and county
<br />preference in the employment of all labor necessary in the performance of this, contract, and failing to do so,.
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />E And upon the performance of all the terms and conditions of,this contract; and things to be done and
<br />pperformed said contractor the said city agrees to cause the coat of doing such work to be assessed,, col -
<br />said and paid to said contractor in the manner fixed by the statute governing the making of such improve -
<br />meats.
<br />To each of the conditions and stipulations of this dontract, including all and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
<br />and the pective successor or assigns of such parties.
<br />rc.,�
<br />In Testimony Whereof, We, the foregoing named parties, hereunto
<br />set our hands this 26th. day of May 1921.
<br />i
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