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. Continued
<br />Tuesday April 3rd:., 1c
<br />to iierform all work in the prosecution of said np, mvemeent under avid aceordla #W= aid =a,
<br />Ittidns of. Irnprovement Resolution No. ........... �..... � adopted -by the Board of Puttle `�!'orktt.
<br />and the glans, profile and specifications ern file in it►e office e�f ttie Department of Public : orlcs, wl,icii gala
<br />resolution, plans, profile acid specifications are made a part hereof as fully ai#d effectually as if copied and
<br />set out. herein at full length.
<br />The contractor ftirther expressly covenants and agrees that in the prosecution. of said work aft +proper
<br />skill and care -rill be exercised, tI- t he '`#. r oh - t 1 � all excavations and dangerous places,
<br />and use all due a.rd proper pr _.,a ,' on to ,)r _ +-y �� �t y person or Fre^2rty; that in the. event g
<br />an,vinjury or datna.Qe resuiti,-g frem<t',� i�,. ,r r fr n. v r- tier. or thing connected therewith or
<br />&rising therefrom, to any pers^1 or proper'v, f �1 r .v a 1i� id.ate the same at his own expense, and as -
<br />same the liability therefor; and in the e-ie-%t of a.i'iy or c12,.iIas b-i.ng made or any action or actions being
<br />brought against the city by reason or on-,cco-at :A or gro t ,g am+rt of -.d viork or its construction, the said
<br />contractor will at his own expense defend the same, ani i. rill pay any judgment recovered therein- and will in
<br />all respects fully indemnif5r and save harmless said ^ay, its officers, agents or representatives:,frm" all cost,
<br />expense, payment or judgment recovered in connection with such clairn or claims„ action or actions. And i#
<br />within ten days after any such actio:t is begun, the city sl> ttotif the chit rector of the pendency thereof,
<br />then any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on his construction bond. as to th„ -tmovut. lialHity and other matters pertaining thereto.
<br />Afid fhe emiractor agrees io i0ai.rain saYid inrprovczneiat a •o i.,aacee such rtwftm Vahq, * . tug
<br />to r #04 4 4 the. V anner as "fixed-bythe soecx#icatiaa�s, and to secure the aaa�it�teuals� � �
<br />� *4th 016 DOW of Public Works a bond- ,Fith sufficient surety thereon and is an Otltlil '
<br />Speoficakno, Andin rising. such' repair work the contractor and the surety an his guarautu toad ilk
<br />heat to the samil ifability to, the -city and any other person for any injury or, datnage to- guy paNtgh of
<br />MY fit the sa444a manner and to the same -extent as is fixed in the last preceding paragraph Wiviihij
<br />firbeffon. work#
<br />li d It is further agreed by and between said'part cs that the acceptance of the work pro ded let1,
<br />t€net a tl4s paysnefit thereof, shall rot ca istitute a waiver on the part of tt►e dry of afl df ika �1
<br />dlis of t�is contiftet nor. shall it release said contractor or the sureties on his.bond for the fa fui pier 6l' a .
<br />WO thereof; nor shall the acceptance be prima facie e-vidence of the performance of any Pfovifwh of
<br />#tfaefi Wept to the extenA of entitling the contractor to the contract price therefor..
<br />US contractor a ree s to pay for all labor and materials used or furnished to be void In the wa nR 0
<br />Mob fill oile otlt_ and in the performance of this contract, whether done or furnished felt' imp W Mi Am
<br />g to; emposoor or subcontractor; acid the city may reserve out of atty sllowa s mde dst y a
<br />af'tl � omtractor or Y.; assigns, of out of the amount-Aue him or list ref fi spo dw
<br />e i 8® tt4 as'lYia cessa'ry to pay�all iabore:s or snattriat om 'f4,/i144 ot#-+dam
<br />f 119tuith taUA or i"Shed to ; be used in the performance of dds fatrad W4 Ad
<br />- w�k`hy sod the e.,ount tr�asttrer, itctiiig; as exty treasurer, ma retain tl i�fi�et� ��►
<br />'f1 • sss�tl � said �iremcnt �PaY surh�detits or eu�, i eosEtsseir� �111vf tf� l` l�d '
<br />9Y`'�1►ti��sel .
<br />' 1'.�e con -a.- c� og:ees to remo--� all ru'�"aish. earth.-Bt;d un•sed ltiateriah!!1-`the attsats � /tdlt tRti'i3�
<br />.upon• the, completion of the improvemctit orthe rewiring thereof.
<br />The work of making such improvement shall be eompieted'according to the tarsus of this e0titraet an eft'
<br />before: the ..—.._--------- .... ....... -.:�.:�. .._..�:r.. :: _.._. day df..............................................:.:........:::K� 1�
<br />unless the time for the completion of the.sar-ep sh31l be ex.ew rfied in r.t .g by fife B'dard of Public Works.
<br />And it is agreed that'any such extension of tii-ne, or ar..y alterr"ion of this Gr;itract or of the #rattier of teeth=
<br />od of doing such work shall in no way affect the duties, obligations or Habilities'of the.contt-stetor or his sure-
<br />ties.
<br />It - is agreed that the contractor shall not' a.§sign -this • yr • ma-t. or sub -let the work or any part thereof bi
<br />be donne "hereunder; without the writ' -en co . ^.,t of the. ls_rrd -F 1 btiq works,
<br />It fs further agreed' and stipulated that *y Y: rnihtractor shall give to residents of said city and cool Y
<br />pr4ierence in the employment of. all labor 'iiecsssary.in-the performance of this contract, and failing to do so,
<br />shall forfeit to the city* the sum, of, ten dollars fur each fail+ire to observe this stipulation.
<br />And upon the performance of all the terns and conditions of this eontratct, and things .to be done and
<br />pperformed by Said contractor. the said city agrees to cause the cost of doing such work to be assessed, col-
<br />leeted and paid to, said contractor in the manner fixed by the statute gemenung the "king of such improve
<br />Jnents.
<br />To each of the conditions and stipulations of this contract, including all and singular tho provisions and
<br />tervis of the plans, profile, specifications and resolution aforesaid, •dies undorflpe binds hiinsCU or itself,
<br />and the re*pective successor or assig--4-of such-piarties,
<br />CONSTRUCTION hOND ,
<br />Know on nim by these presents. ' That we......:,,.
<br />o1 the County oi~.__....... State, of
<br />perand ......�.�,,...�....
<br />of ilia County of....._._.._. :....arid State, o£�....
<br />-------
<br />is apreties, are held and firmly bound to the ,City of South Bend, Indiana,. in thekip
<br />enuly o� '
<br />af
<br />fbr the paytr►teuut of which, well and truly to tie made, we jointly -and sei►esall�r bind ottrssI61� 6i
<br />u �dttrinsi=ratiars and assigns, firmly bg these `presents.
<br />'CKb tdiio of the obligation are' such that tliex above' named...
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