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512
<br />Tues
<br />3
<br />7th. , 1923. Continued,
<br />and to perform all work in -the prosecution of said improvement under and according to the terms and corn .
<br />ditions of ;Improvement Pesolation No.. Z_ S8 . adopted by the Board of Public Works --- XaX_21A. 23 -
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, which said
<br />resolution, pi'ans, profile. arid specifications are mane a part hereof as fully and effectually as if copied and
<br />set out herein at full length. -
<br />e contractor further expressly: covenant's and agrees that in the prosecution of said work all proper
<br />s1-ill an.d,care � i'•l be exerc=s--3;. th-t he :'I. --on�
<br />sle`:T = l 1" n*^ct all excavations and dangerous places,
<br />d � ;n uk all due a.rd prooer pre r
<br />aulion * or i liury ro r.v person or_ prc rty; that in the event nt
<br />an�x, itiju ry or damage restiltin.g from t?,e 1�*�_: ^r 1 -vr^n -.v r �t*.er or th �az corrActPd therewith or
<br />arising they from, to any'pers^n'or proper y, t-v ti rev a . r._..date the same zt t own expense, and -as-
<br />sume, -the lia�ilhy therefor; and in the evQnL_of any cxa.i i or:clairns being made or any action or actions being
<br />brought against the .city by reason or on ^scour t of or growing out of s::d w.)r'<- c r its construction, th, sa. d ,
<br />contractor will at his owrt expense defend the -same, and v;ill pay any jildgrneat recovered therein. and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents "ar representatives from all cost,
<br />expense, payment'or :judgment recovered in connection with such claim or claims, action or actions. And 'f
<br />within ten days after any such faction is begun, the city shall notify the contractor of the pendenev 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- amount. liability and other matters pertaining thereto.
<br />f'i rt>i aiX)'&es "sG tila;iizain said ixnprovenient ai.�, is ake- Such repairs as may u.
<br />the e'ttod an4 its the manner as fixed by the specifications, and to §eci re the maintenance and repair. the r!=�Ak
<br />to file, with trle Board of Public Works a bond with sufficient _surety thereon and in an arnount as, fixed by V�,,�
<br />specifications, And in doing such fepaii work the contractor and the' surety on his guarantee bond shall b
<br />p0ject to the same liability to the city and any other person for any injury or damage to any person Qr prop-
<br />frty in thvsame manner and to the same extent as is fixed in the last preceding paragraph covering the can•-
<br />s'Gruction work.
<br />And it is further agreed by and between said rart�s that the acceptance of the wont rovided for ih this
<br />cptitmet, on the payment'- jhereof,- shall not constitute a waiver on the part of the city of any of the p�rovis-
<br />_ lot,s of this: ecmxract„nor shall it release said contractor or the sureties on his bond for the faithful, perform.
<br />slice thereof, nor shall the acceptance 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 dwitraetor agrees to pay for all labor and materials used or furnished to be used in the malting of
<br />such huprovenicht and in toe performance .of this contract, whether done or furnished for him, or his agent,
<br />RaNignee, successor or subcontractor-, and the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or assigns, or out of the amount due him or his assigns upon the completion
<br />of the Avorlt,4o rough as ma . cessary to pay all laborexs or materia, men for amounts. due them for
<br />work done or materials uses .)r furnished to be used in the performance of this contract and the doing of
<br />said worg, and the county t"asyrer, acting as, city treasurer, may retain moniev, collected -froth property
<br />k�WIl{eg sp awss)esystA for said improvement to pay such debts or until the .contractor Flows thstt they hivs been
<br />erYn > a1I rzt';' sit, earth. atiq uni sed ina.terial in; the streets cis �tdce thercol
<br />upon the completion ,of the .mrrove nt or the reps Ling thereof,
<br />The work of making such improvement shall be ^ombl'eted according to the ter,�ts of this eorttrttet ®� of before the.... . - dap af__ --- - -- - 1�,Y.n....� unless. the time for the completion of the sa:- a shall be extended In writi: g by the Board of Public Works,
<br />And it is agreed that any such extencion of time. or any alteration of this c, ,n. tract or of the matiner or teeth•
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor dr his au
<br />ties, w
<br />It is agreed that the contractor shall not assign this cr;, tract. or Alb -let the work or any part thereof to
<br />be done heretinder,- without the writ -en con s-m of the Board or Public Works.
<br />It is further agreed and stipula*..ed that tl e contractor shah give to, residents of said city and county
<br />preference ifi the employment of all labor necessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the stem 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 />performed by said contractor the saidclty agrees to cause the cost of doing such work to be assessed, col-
<br />lected arid. paid to said contractor in the manner fixed by the statute governing -the making of such irmprove*
<br />;coats.
<br />To each of the Conditions and stipulations of this contract, including all and singular the provisions anA
<br />terris of the plans, profile, specifications and resolution aforesaid, tho underoigned `binds himself or jtsell,
<br />and the rr-,:pective successor or assir of such. carder.
<br />IN TESTIMONY WHEREOF, WEL the following named parties,
<br />hereunto set, our bands this 6th. day of August 1923.
<br />CITY OF SOUTH BEND, INDIANA JOE MILLER
<br />'BY.-L. B, SLAUGHTER Contraeter.
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Ii,s Board of PUblie Works
<br />CONSTRUCTION BOND
<br />e !! nt= by thcm presorts. That
<br />of the County of st, . Joseph- State of._,._ Ind i aras• as pried.
<br />pat, end Federal 9ure.W Company
<br />of the t MXgXV_Hi1- .@ ven art _ and State of Iowa
<br />as sureties, are held and firmly bound to the City of South Send, Indiana, is the sum of
<br />g hta 1. '.d .. ire,L-------------------------- _�ollars 0213.00 1.
<br />for the payment of which, well and truly to be made, we jointly and severally bind curselvesp ow helfs,
<br />xecutors, adminstrators and assigns, firmly by these presents.
<br />The conditions 4 the obligation are such .that if the above names ----•- ,.. �....�.:
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