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<br />Ajar to V#rforin all work in the rbskcutioq of paid in�vovexuF41311*f � ?-ppQ04 it terms s*4 cacti- .
<br />ditions bid Improvement Reseitsti0it 2fe, ... _adopted lay fbe Poard of Public Work L Jlob ..� 23.
<br />and the plans, pr.®Etta anti secificafiions on fi e tr rF�e o'ifice of the €)epartment o€ _Public X�Vorks. wbicti sat '
<br />resolution. -plans, profilt.apd specifications are made apart hereof as fully and effectually as if copied and
<br />lict out herein at full ler*fii
<br />e contractor ftirtlier expT Bshj► covenants and a�eJs that in the prosecution of sait� vvdtjlt all proper .
<br />6-ill P.,tcl cars - -i'1 be exercised; th t he,-- '1 prop = . d F o�lct ail excavations and dangerotxs ptacesi- ,
<br />wid , 111 use all dne pill prd"er prs^a*Atao.1 tc pr v : t-inj3r y to ro ry person or p=rtv. fbat i-i the event
<br />a.1j injury.o�' .dam-ige resul*t�tg €rorn ill ¢ v� ! ` . or reslif -try frorn a .v -natter or thing connected therewfL or
<br />art in therefrtpth, t® pr y pers�-t br property, he t 4tt r..ay. a? d lid it to the lime at his oven expense, afid as_'
<br />faime he liability t'hertcfot and in the event of any cl.a ri or-efaims being made or any action or actions b irg
<br />l�rott a gb?tlst the city.by reason or on ,2ccou�i# of of gro�.i*iitg out of a".d c or' or its construction. , 1, . said
<br />@ontra.etor will at his ow expense defend the same, and will pay any judgment.recovered therein, and will in
<br />all respect fitlly`ftttit acid save harmless said city, its officers. agents or representatives from all cost,
<br />coit� faoi.l' jt, xriont vetovered ill connection with stic', claim or claims, action or actions. And f
<br />�ltlt} alftej *' Ouch action IS begun, the city shall notify'4e contractor of it e .pen*le icy Cher ; f,
<br />t
<br />n hny its ant -ret%Aered tigafnst the city shall he concussive against the contractor and against the surety
<br />on his construdlon hoist ae to #b�. *imount.liability and other matters pertaining thereto,
<br />.sprees to inaintain said improvement ar,d. inake such repairs as may r e lice essay;
<br />the period and in the mariner as fixed by the Specifications, a4d to secure the maintenance and repaid' therLai
<br />to file with Vie Board of Public Arcrks -a-bond--with stidieient--s"rety thereon and in an arnoant as fixed, by th
<br />specifications. And in doing soaks repair work the coptractor. and the surety on his guarantee bond shall be
<br />subject to the sarn'e liability to. the city and; any other phrson for any injury: or damage to any persti:n or prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the corgi
<br />struction work.
<br />And it is further agreed by and between said paart?.=s that the acceptance of the work provided for in dill
<br />contrast, or the payment thereof, shall not constitute a waiver"en the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform-
<br />ance thereof; not shall the acceptance be prima -#acie es-idence 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 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 agents.
<br />assigner;,` successor or subcontractor; and the city may reserve out of any allowance made on any estimata:
<br />in favor of the contractor or p-:= assigns, or out of the amount due him or his assigns upon the completion
<br />of lhe worlf, so mucl, as ma, cessary to pay all laborers or material men for amounts due them for
<br />work done or materials urea or Burnished to be used in the performance of this contract and the doing`
<br />Said work :and LYie +:otinty treasurer, acting as city treasurer; x. ay retain money eollF:fied from property
<br />owners assessed for said improvement to pay such debts or .until the contractor s%o-,,vs that -they have been
<br />Chid or satisfied,
<br />to remo- -' all rtb!)islr. earth. and -tmused material in the Stlieeft o; sues, #�►e��si
<br />4,V i Jk1-_ con-pletwn of the improvem- mt or the repairing thereof. -
<br />The work of making such improvement shall,be completed according to the terns of this contract
<br />before the.-'---------- -------------------------- ------------ un'.ess the time fc r the completion of the sar-e shall be ex`tenAed in writing by the Board of Public `jrorks4
<br />A.nd it is agreed that any such extension of time, or any alteration of this contract or of the ma;irier.or itttki- + -
<br />od of doing such worst shall in no way affect the duties, obligations or liabilities of the contractor or his sure= ,
<br />ties.
<br />It is agreed that the contractor shall not assign this €.r)r Tract, or sub -let the.work oeany part thereof to
<br />be done hereunder, xvithosq t e written co:.e tit of the Board cf P, blic Works.
<br />It is further agreed and. stipula.t..ed that r62 eontractor shall give to residents of said city and coutity
<br />preference in the employment' of ail 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 conract, and things to be done and.
<br />performed by said contractor the said city agrees to cause the cost of 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 />ments.
<br />To. each of the conditions and stipulations of this contract, includ'mg ail and singular the provisions and ..
<br />terms of the plans, profile, specifications and resolution aforesaid, tho und-r§igaed-binds himself Ur 'itself,
<br />and c rs?pective successor or+assig ns of such r-art�ec-
<br />IN TESTIMONY WHEREOF,. We, the Foregoing armed parties , hereuX6
<br />set `our hands this 7th. day of MaY 19230
<br />CITY OF SOUTH BEND* II�OIAN9. WILLISTON- CONSTRUCTION COMPANY
<br />',BY L.:B. _ SLAUGHTER Contractors
<br />E. A. COATES, President
<br />L. P. HARDY Contractors
<br />ALBERT F. HONER
<br />Its board of PUb1ic Works,.
<br />-
<br />--
<br />1 '?fiat we .._ - -
<br />aie € of _ty of ........ t a_-.s® till..,. State of as prinei-
<br />of the County of — __._and State of____ • N631 Yore
<br />as sureties, are fteld arfd'firtaly` bo1ihd to the City of South Bend, Indiana, in the sum of_UPOO..411®mgand
<br />for the payment of which, Weil and truly to be made, we jointly and severally bind ourselves, bur hears,
<br />exitcutors, adminstrators and assigns, firmly by f iese presents.
<br />The conditions of.. the obligation are such that if .tho above name Q. �u�yiex
<br />G�lupliay.
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