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12th,, 1923. Continued--,
<br />;,tics to perform all work lift: the- oroseenti6n of said infPmvement under ;wd �xording to the term and con.
<br />Iditions bf Improvenent Re,0411tion 1TO, __12-09 ------- �t adopted by the Roa:rd of Public Wor, May 2
<br />kJL. 991923
<br />and the plAns, profile and soecification's cat filelln, the office of the Department of Public Wor#cs. which sal
<br />resolution, plans-, profile and specifications are made- a part 'herein as funy and effec
<br />��t.out herein at full length.
<br />tuany sk if ieil and
<br />The contractor further expressly covenants and agrees that in -the pooqw.ution of seid work a,# pro
<br />MIA care v,ill be exe'rcised: that he 7-'11 r _i. . F per
<br />10"cc- all excavations and dan
<br />and ;ff use 0due ai-d p-qper'preca'_qtibu tc prz-,':'�?f gerous Olaces,
<br />1,1;117r I-) 1�'riv perso-rt or Fr%��artV; that in the event QL
<br />any injuryorOrnp-ge resulting -
<br />-,Nr - --T TeS111+111cr from P•jy r-,4tter or thing connected theiewith or
<br />.3. ng from th W' n
<br />arising.1herefrom, to any person or property, fi,� —4ipa ari liquidate the same at his awn expense, and as-
<br />sume Elie liability therefor,,;. and in the event of -iny cla-:
<br />lr-i or claims being made or any action or actions- bein
<br />bro-.Ilehf againit'the city-b. -ai growling 'd
<br />C 1 .1 reason or an ?�ccount orgrowmgoutofc�- viork or its donstruction, th� sa;a
<br />.Q,ntractor will at his own.'expense defend the same, and will pay any J�Udgminrit recovered therein. and wi fl in
<br />allrespectsfully indemnity and save harmless said -city, its officers, age I '
<br />agents or representatives from all cost,
<br />txp,ense,PaYMwtoriudginejitrecovered iiiconne'ctionv.Tif-lisu�,,I.i.claim orclaims, a,ction-oractions, Atad:f
<br />viihin ten days after any tuch action is t>egun,Afielft shall notify the contractor of tnf, qen+mcv ther
<br />f1h<n any iludgineirt tendered against. theci* shafte con011sive against the tontractot ftnd against the suret-v
<br />ibitistruction =-- :;!,-as to tb, arw4wa , liability-ond other niat� ers perr ainirg th-_reto:
<br />i-i it -it
<br />N_f*et,&r agiree-s t6sualatain said improvcnei a: � 4esuca repairs as way
<br />46 dig Mj4nff s§ fired by fhe ww6fications, and to secure the maintenance and repair.ther-_--_j',
<br />JJ@g## ©f Elie Works a I)onA-u;tb sufficient surety tbcreon and in Au ato
<br />gunt gs. fixed by t the
<br />the surety .on his gv;grar -,t tend shall be
<br />Afit-00p: Aid In doing such repair wdik the contractor and
<br />040a. t44 the wn@ If Nifty to the city and any, other person for any VRfury, or damage- to mAy pffscm or. W., op-
<br />F.f I ill thp 'Awni Inwomf and to the same extent as is fixed ifi the last prcceding -parawraph iovtyliia the tqil-
<br />Fo4awyl W04, ,
<br />AA it ig 1t&th@r figr,@@d by a"d between said r-arty s that the acceptance of the iwork providod tot in 04s
<br />fti;ity pg-tj of t4 payny @At thtraof. shall not constitute a waiver on the part of the city of any of th@
<br />181i§ of fbi§ @0110461 tt®r Shall it I release said contractor or the sureties on his bond for the falthful p@Vf9f-qi=
<br />mies -thmof j not A01 the acceptance be prinia f4c;e-e-,idence of the performance of any proviil6ii of thils-
<br />gogfReti w@,Pt to tho extent ofentitlingthe contractor to the contract price therefor.
<br />Thy reotilfactor glWy-tc§ to pay for all labor and materials used or furnished to be used In the fliftkififf of
<br />impr-OVelliv-41tvid In th@ performance of this contract, whether done -or furnished for him, of 116 AffMij
<br />WiffMol Atitto-mor op *uh@ontractar ; and the city may reserve out of any, allowance made on fifty 4041144
<br />Avff d tho- of I.. -
<br />assigns, or out. of the amount due hilft or his **sign# UPOR file 6MVJ#ti@fi
<br />01 14 wbM §6 hw,1 at IRM - ctssary. to pay all laborers or materisi meat f4 smounto dvs WIN I&
<br />nf -fist w watt fl?A& a iarrished, to be used in the performance of this eMtroWt M4 $118 "Rg Of
<br />%10 VWfc; wad the, wli#ty.t;ta y
<br />_§t4rer, *ctiug as city treasurer, ma retain snoney olle-f0d ff@m lWopffly,
<br />%WlAff% ;k%fit%%td fJW *aid tl vcttxent to pay such debts or uutil the contractor shows ftt hw
<br />to remu all ru�)',' ish. eanh, and unused -material in the streets or sides thvre.48
<br />�cm the completion of the i!ngrovement or the repairingthereof.
<br />The work of making sitth improvement shall be completed according to the terms of this contract an ov
<br />hnforethe----------------------- ---- I ---------- - -- ---------- — -- — -------- --day of --------------- - ---- - ------------ 19- .......
<br />unless the timejor the completion of the sane shall be.extended in writing by the Board of Public WorIcs.,
<br />And it is agreed that any such extension of. -time, or any alteration of this contract or of the manner or meth-
<br />. o4.of doing such work shall in noway affect1he duties, obligations or liabilities of the contractor or his sure -
<br />It is agreed that the contractor shall not assign this c,)i tract. or sub -let the work or any part- thereof to
<br />be done hereunder, without the writ,en consmt of the Board of Public Works.
<br />It is further agreed and stipulated that tl4e 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 />erfornied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />ectedand paid to said contractor in the manner fixed by the statute governing the making of such: improve,
<br />paents.
<br />Toeach of the conditions and stipulations of this contract, including all and singular the.orovi*ions and
<br />_tcrtns of the plans, profile, specifications and resolution aforesaid, the under*igne& binds himself or itself,
<br />and the T,,*-pective successor or ass`t-s of sti6ri.rnrtiec..
<br />In Testimony Whereof, Wes the foregoing named parries, hereunto set
<br />our . bands this Sth. day of June 1923. WILLISTON CONSTRUCTION COMPANY
<br />CITY OF SOUTH BEND, INDIANA. BY E. A COATES
<br />BY L. B. SLAUGHTER President. Contractors,
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Its Board of Public Works.
<br />CONSTRUCTION BOND
<br />era me-r. by the presents. That we Imi11?ft1,00 00AMIMIG11-011 k0MR&W -
<br />of the County of State of-- Ind J&.24 ---- w as princi.
<br />pat, and IndomMit-Y
<br />of the County and State of 1101. Jelbs*y
<br />as sureties, are held and firmly bound to the City, of South Bend, Indiana, in the *sum o
<br />one902pi ' asand four biladr-O fiftY thr !&A z�ollarj 1($19453-00),
<br />for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our h&g,
<br />executors, adminstrators and assigns, firmly by these presents.
<br />The conditions of the obligation are such that if th4o above, named
<br />Williston Construction Ce,
<br />1---AbA &4Vhf04_y t6f�nply with the foregaug cmtmet,
<br />made and entered into dk Of ----------- -------
<br />with the City of Southl Bend, Indianp and -shall
<br />aepording to the true intent aP_d'tqea�nng't:fi,c,:e6f� in all'r6pects, thoh thl� All' t I J� J;-'- to L. btwt -'is@
<br />and virtue in law, In the eve.-: the said C .. 11 ha tot
<br />to be and remain in full force,an, ltv shall ha th is the
<br />completion of said work, such extension shall not in arty: vmy reka%e the fqnr-etla 6h ihit bore
<br />This shall be a construction bon(:L and the sureties'oft the wane Abhll n01 be held § 61d, 16t tho
<br />maintenance and repair of the improvement after 1has been acctpttd by� the
<br />h been .. k t aftilds
<br />A' t ko fftilfefnemts
<br />shall be, held responsible f6f 'the"fAitl �-tfl conipliante wit. all cbthef cfjii&%6*
<br />covere4'birior set the'contraet.
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