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840 lin ft. of curbing per lin ft. d •40
<br />3600 so'. ft, of cement, walk per sq. ft. 017
<br />373 cu. yds. of grading per cu. yd. .55
<br />and to perform all work in the prosecution of said improvement under and according to the terms and con-
<br />ditions of Improvement It^solxtion No.....1 215...__.._.. adopted by the Board of Public Works...fti?...... . ath,,1924.
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, which said
<br />resolution, plansprofile acid specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at' full
<br />The contractor-further-^,c^r.essly covenants and agrees t1Tat in the prosecution of said work all proper
<br />skill and care -,:-T1 be e)ccercis sl the =1 >n 1T; �r `- _ i all excavations and dangerous laces,
<br />p l , ,,... g . p
<br />and 4vlll use all dice Prd pr oC)Pr ,t inju- ,) tw )£rson !;r C ''.rtV that 1n the event ��.J
<br />any injury or damage rest;'12 .g 1r.,.n from � .v =„ .ttcr,or thins; connected therewitl! or
<br />arising therefrom, to anv pers ? or pr^pr tc 1 "1T.,av ar 1 'Ic'.11date the stone at his own expense, and as-
<br />sttme the liability therefor ; and in the E !t of %.v �i!airn o: clahas being made or any action or actions being
<br />brought against the city by reaso:i or on-cc•')ur., ool. or growing,ou.t of -:d work or its construction, the said
<br />contractor will at his own expense defend i-.e ;,anve. and -k ;ll pav any itid-meat recovered tharein, and will in .
<br />all respects fully indemnify and save harmless said cav, its officers, agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with suchchin?, or claims, action or actions. And 'f
<br />within ten days after any such action is begins, the city shall notify the contractor of the pendency ther oi,'
<br />then any judgment rendered against the city shall be conclusive against the contractor and against the suret-v
<br />an hit emstruction boud, as to th- aniouat, liability and other matters pertaining thereto.
<br />u ;i.e cor; rah o :g !12'` %Li i :rii and niar.e such repairs as may rc necessary
<br />bhe pariod and in the lnu . , i as fixed by the snec,`ication., and to secure the maintenance and repair thereof
<br />t(5 file with stoic Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the
<br />specifications, And in doing such repair work- the contractor and the s: rety on his Quarantee bond shall be
<br />st ojeet to the eairie liability to the city aria' any other person for any ;n ury or dan,age to any pens:alp or prop-
<br />erty in the same inanner and to the s nie extent as is fixed in the last preceding paragraph coffering the 'con-
<br />struction work.
<br />As id it is further agreed by and het:aee:r s aid r zrt':,s that the acceptance of the work provided for in this
<br />Contract, or thepayment th-'..r''ot, shad not cons',`.-Iute a -waiver on tl e part of the city of any of the provis-
<br />ions of this contract, nor shall it rticase sai4 ccntractor or the sureties on his bond for the faithful perform-
<br />ance thereof; nor shall the acceptan-ce be prima facie evidence of the performance of any provision of this
<br />Contract, except 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 furbished to be used in the making of
<br />-h-u such improntert and in the performance of this contract, w Nether done or Yurnished for him, Or his agent,
<br />assignee, successor or subcontractor; and the city may res,erve out of any allowance made on any estimate
<br />in favor of the contractor or l = assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as mai ,cessary to pay all laborers or material even for amounts due them for
<br />work done or materials used or rurnished-to be- used in the performance of this contract and the doing of
<br />said work, an.d the county treasurer, acting as city treasurer, niay retain mossy coH,,i,rted from property
<br />owners assessed for said improvement to pay such debts or uril t
<br />paid ew satisfied 1zE contractor rc tbat t}tey laar�s ;ber,r
<br />_
<br />- t co?r-a - r'r a�.-ees to remo .: all ru , isi'1., earth, and tin•jsed material in the streets or sides theralt.
<br />upon the completion of the improvem•-_nt or the repairing. thereof.
<br />The work of martiro- such improvement shall be completed accordirr to the terms of this cantrxct on ar
<br />beforethe - --- -- -- ---------------- -----------_-day of__._..._._.... ... 19---....--_.
<br />unless the time for Tile comps ion of the sa :,e sl?ali he e��tel;ded In igrit .� "bv the Beard of Public Works.
<br />And it is agreed that a-:v s,;:-h e.,ctension of time, or anv alterztion of *his contract or of ;he manner or meth-
<br />od of doing such work sip 11 it r o w av affect the duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that tlAe cnftra -`,)r 1i3ll not assign this -raf the work or any part thereof to
<br />be done herelnnder. 1 c. h "- c,.. of the Boa.lc
<br />It is fur.tler aar ea' a d * _ contractor sh ' {' r._e�1 dents of said city and cis•its ity
<br />' t.V ..
<br />preference in the emFlo}m 12 labor ,iec-ssary in the ncrte. >,.::,. ei i ,:s cons -act• and falling to d,) so,
<br />shall forfeit to the city the +. t• aoilars" for each failure ,his stipulation.
<br />And i1po . the per'orma :tiii the it :"1 :5 slid COnu1120?S Of YaCi, a n 1 t.1T 1 -S to be done and
<br />performed by `aid contractc,t vinc said -itv agrees to Cause the cost U1 .< `l suc_h kvorkti to be ass-.s ,ed, col-
<br />lected anil paid to said contractor -in it.•elma-nner tired by the statute ;;overnin the making of such improve-
<br />vsests. ,
<br />To each of the conditions ar_d stipulations of this. contract, including- all an.d-sim ular the provisions and
<br />terns of the Plans, profile, specifications and resolution a-toresaid, the undersigned binds himself or itself
<br />and ttce re-;,ective successor or nisi;;-, of s!lch
<br />In Testimony Whereof, We, the foregoing named parties, hereunto
<br />set our hands this 20th. clay of May 1924.
<br />H. L. DAVIS & SON
<br />CITY OF SOUTH BEND, INDIANA. by 0. to 01MMIB
<br />BY •L. B. SLAUGHTER Contractor.
<br />L. P. HARDY
<br />ALBERT. FHONER.
<br />Its Board of Public Works
<br />CONST UCTI©N MIND
<br />3�.:..°l)' wq;� F+sj' 1;:..9_s lae-.,.�t3. That we....----$••-L••r... D&�F•-5-.$...S4I�............ ._...... _....... ....
<br />....,,
<br />St.. JOseph State of ...................... w . _�..-_-....... as prurct-
<br />of file Count} of .................... ........._--•---. --- ...................
<br />-
<br />r al, and .............. .U..n i, c�.:. s t� i,e s__E1deli l'_...&_Guarant�y.._.GQ�R�� - - _ -._.. _......
<br />of t12e County of ......... Bal_LiDl Ballimrs ---------------------------- -------and State of ----------- Maxylazl&-------------- -----------
<br />aa sureties, are held and firmly bound to the City of South Bend; Indiana, in the sum of .................. _........_
<br />a -- - Dollars ($ 576•on ).
<br />- `JQ ,
<br />----F�we•--hundred---g,�ye - - �---_____��---::��:��; - - - - -- ,_ z
<br />for the payment of which, well Ynd ruly to be mac , we lotntiy' ana severally bind our e3vew, our bests,
<br />- ;ecutors, adminstrators and assigns, 6rinly by these presents.
<br />The conditions of the obligation are such that if the above named.;..................................e__......._..._..__._._.:__
<br />
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