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. 7
<br />4-991-
<br />SAturday OCtober 22nd., 1921. Continued.
<br />J,
<br />The following bond'and contract approved.
<br />PUBLIC WPROVEMENT1"CONTRACT.
<br />This Agreement made and enter)3ed into this HOth, da of October
<br />1g21 by and between H. �. Red & SO off' the Count p St. J ep ' nd gt t Qf
<br />Indiana (Hereinafter referre to as the Cuntraety and %Re, Bit of M#th BEnd,
<br />in St. -Ja seh C©unty, and State of Indittana,• by and through its Board of Public Works,
<br />(herein"after referred .to as the City ), upder and by virtue of an Ac-t of the ,General
<br />Assembly of the State of Indiana, entitled An -Act Concerning Municipal Corporations,
<br />approved March 6,1905, and all amendatory and supplemental acts thereto:
<br />Witnesseth that the contractor covenants and agrees '4to4grade, curb
<br />on Greeenlawn Avenue from 1effe'rs-on,Blvd. to Mishawaka ,Avenue, in the City of South
<br />Bend, Indiana:at and for the following prices:
<br />5700 lin. ft.`of'eurbing pier, lin ft..6:.Y7" X16" per linft....30
<br />20storm.water grates leach r.eu..�a....... .60
<br />226 din, ft. of 8 inch conduit pipe per din ft.............. .80
<br />and to. form all w,otk in: the prosecution of said lm avemerxf ttnder and e�ecor
<br />du !su ferzxU urd e, a
<br />cjttions of tmprovernent lkescihition NQ. �918 ..:- � adopt�ed'� 1�e, Coarii od .�biie, wow. � tkgr - . 1921
<br />and the plans, profile and specificationo on Ale in the office of the T)epartznent of Puffin jMorlcs,, h e t r340
<br />resolution,, plans, profile arsd specifications are`made a part ;lei edf as ful3y and' effectuaflX Ait copi®6 "e
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees. that in the proseciition of sa!&*ork all proper
<br />skill and 'care will be exercised; that he »'sl prop "v � d l.••-4`^ t all excsvattoi�s, and dangerous places
<br />and will use all clue ar_d proper pretalrtion to pregent inlu y t� ..ry person or peon.artgy; that Ti the event 91.
<br />any injury or, damage resulting frcrri thew-)-''- or result€gig from a_v' *Matter or thing connected therewith ,or
<br />arising therefrom, to any person or property, he v *11 na.y a'i lzo _ticfate the eame at his oAM expense, and as-
<br />sume the liability therefor.; and in the event of any claim or chinas, being made or any action or actions "being
<br />brought against the city by reason or.on account of or growing -put of s� d wotk,dr its"construction, the said
<br />nontraFtor will at.,his own expense defend the same, and will.pay any judgment recovered therein, and will
<br />all respects,l illy indemnify A ,save Harmless said city, its officers, agents or'reuresentatives frort�'all cost,
<br />expense, ,payment or iradgment recovered. in connection v✓ith such claim or, clai t act -ion or actions: And='f
<br />within ten lags after any such action is begun, the city shall totlfy the contractor of the penddncy then -of;
<br />th*n an,jtadgment •rendered against the city" shall be conclusive against the contractor and against the surety
<br />ou his owistruc'tion bond, as to tb- arnoa:2t, liability and other matters pertaining thereto. "
<br />And the cony rac or a.grecs to r 3.n-.Pl $il l 11 fir.: :.__ � .•.r
<br />the period and in the marn.er as fixed by the speci'�cations, and to .sec,.re :.te maintena.ico a_d repd?t tics
<br />to file with the,Board of Public. Works a bond-.-,ith sufficient surety thereon arxi``in an ,mount ac f xed by
<br />specifications. And in doing such repair work the contractor and the surety on his trantee bond shall b.
<br />subject to the sane liability to the city and au), other person for any injury or. darriage ,to any pers n or prop
<br />erty,in the same manner WAS 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 tartIts that the acceptance of the work provided" for In th,k
<br />contract, or the payrne:�i Vreof, shall not" constitute a waiver on the part of the city of any of the prpvrs
<br />ions of this contract, nor, s r fit'release said cctitractor or the sureties on his bond for the; faithful perform
<br />a.:ice thereof; nor shall the acceptance be prima facie evidence of the` performance of any'provision of .thin
<br />contract; except to the extent of entitling tiie contractor to the contract ,price therefor. -
<br />The contractor agrees to pay for a)t 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 />assignee, successor or subcontractor: and the city may reserve out of any allowance madeon any estimate
<br />in favor of the contractor or h;� -assigns, or out of the amount due him or his assigns upon the ,completion
<br />of -the work, so mua, as may .cessary to pay all laborers or materia;t men, for aniountig due them for
<br />work done or materials used or furnished W 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 collected ,from property
<br />owners assessed for said improvcnient to pay such debts -or until the ��,... .. -�r r} nwo that thex have been
<br />;paid .or satisfied
<br />e CrW L-P �zewJ to -remo• a all ruSb=sit earth. and- un%-sed material in the strc,its or, std.�s t L. s
<br />upon the completion of the improve cat or the. repairing fherPo't.
<br />The work of making such improvement shall be completed.according to the terms of this, contract on ar
<br />.before the ---------------------------------------------------------- ---- ------------- dav of 19: .....4
<br />unless the time for the completion of the sa.^e shall be extended in writing by th,. Board of Pu..... Works,
<br />And it is agreed That any such extension of titre, or any alteration of this ccn`ract or of the manner or meth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities df the contractor or his sure-
<br />ties,
<br />It is agreed that the contractor shall not assign this _ i +race, or sub -let the work or any part thereof tc
<br />be done hereunder, withoLit the written cone .nt of the board of P--blic Works.
<br />It is further agreed and stipulated th?t "t, contractor shall 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 />And upon the performance of all the terms and conditions of this contract, and things to be done and
<br />Ferfornied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lected end paid to said contractor in the manner fixed by the statute governing the making of such improve
<br />-
<br />To. etch of the conditions and stipulations of this contract, -inclnding all and singular the provigion&, and
<br />terms of the plans, profile, specifica.tiorys and resolution afates�id, the tinder& fined binds himself itself,
<br />and t!--. rc �P --ctive successor or ass. ^s of such parties:
<br />In Testimony Whereof, We, the foregoing named parties,hereunto
<br />set our hands this 20th. day of October 1921
<br />GITY,OF SOUTH BEND INDIANA.
<br />H. W. REED &SONS LCONSTR, CO.'
<br />BY G. A. :ELLIOTT WM. F. REED SECY.
<br />- H., F. ROSTISER Cont;actor
<br />JOHN F. DEHAVEN
<br />Its Board'of Public Works.
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