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<br />Tna; at 'l`y A t k 1 t3 a C" 11n nd a
<br />anti to'
<br />per form all work in the proSecuti.on of said. improvement under and according to the terms and con- .
<br />ditions of. Improvement Resolution No ., ._....., adopted' b)r the Board of Public W orks.- �A,Pr_ A._;,* ,1919•
<br />and ilte plans, profile and spedficat+ons ors file sxl the office of the ibepa rient of Pubfic Works, wbich' sa d
<br />to oltt tQn; ,plaMsr axo€rle, aid specificax�ons za`re made'a ;pa d thereof, as •full'y and effectually' a"s jf .copse sand
<br />. §etout'hererh a.'t'full lesiqth,
<br />{{ ' e contractor further e�;pressly, cavgndf is and agrees th�>- m the' prosecution of fin cf wdrk all pr pl r."
<br />Sl=SAl' t tl care , l h exer6s d ;: tl �` he n ^ a*� tl - ^+, all P? CiiiTat o s ar . d
<br />F 1 d 4r►gcrous lVes�
<br />il}7 l il$ t 1 (11tF £1 TlYn�pr`nq h ti ;it7 t to 4r tr It 1 u-7v ` l ,nv perSOri Or n ,,. �, i tbtt i-1 + 64 ear if err
<br />`dty,anittry nr d^t 1" vP r a"!+1 g fret t?, vin or rPq t�`fiL, from Y +v if+ r of thf4r't' r'r?nrpt .tFfI t (*Tr?i�fh�� E/r
<br />ans tng therefrom, `(J ally pPr' ^ OS tjrGp ;r y, h 11 nay, .rttti 11( :'.iCjSte fkle S, iT C 2t (5,3 fli,Tj C'j poflSp
<br />sume she liability;;therAtot, artd;tn the eaettt'of at�y'c a r� qY clz�tns being ms le cs al
<br />acfiotjL c a�frorls �:-
<br />biottglrt aga'`l>t the CltZ%,17y rea,S01 OT On ?,f COuiFt of ok�giQivtng �*ttt Of L �' ^r7i �T1S fry if1 CiiOi, i- S^-.1
<br />corttrac pt'wiil at;hts oven expenst'defend the same, and e rll pay aaiy judgment r cover,�rt th-rein, and x�(ti`; ist
<br />hlf respect§ fully indt moify anaL.save harmless said.:city, its officers; agents br representatives fforrl all tr)at,
<br />expense, payment or ludggment recovered in connection with su6i ejaim or claims, action of actions. ' �• 'A f
<br />'Wilthia teat days after any such actioa:is begun, t'he pity shall notify,'the contractor of tir.; 6PrA _-:;cv ther ` ,
<br />then any judgment re�tdered against the city shall be conclusive against the contractor and against the surety
<br />on his cons traction bons; as to th ,mount, liability and other matters pertaining ,thereto,
<br />And the contractor agrees to maintain said iinpro cmeut ;5 i:edt,e sv .it repairs as n �.� �._nec�ts: a._,, _
<br />the period and in the manner as fixed by the snPcifications, and to scc .re `_ie maintenance and repair tri
<br />to file with •the `Board `of Public Works a bond -with ith sufficien_ : arety thereon and in an amount as fiumd biy `,
<br />specifications, And in doing such repair worse the contractor and the surety on his guarantee bard shall t>e
<br />subject to the same liability to the city and any other person for any injury or damage to any perF > Of. Prop -
<br />arty in the same manner,and to the same extent as is.fixed in the last preceding paragraph covering the Con
<br />4truction worn..
<br />And it is further agreed by and between Said parties that the ;acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />toes of this contract, nor shall it rLlease said contractor or the sureties on his bond for the faithful perform-
<br />a.nee thereof; nor shall the acceptance be prima facie evidence pf the performance of -,-any provision of this
<br />contract, except to the exfen't 'of entitling the contracto�-to the gontract 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 agent,
<br />assignee, successor or subcontractor: and the city may reserve out 6f any allowance made -on any estimate
<br />in favor of the contractor or ' ' assigns, or out of the amount aue him or his assigns upon the completion
<br />of the work, so. much as ma- cessary to pay all laborers or j material men for amounts due them for
<br />wor$ dose or materials uses .urnished to be used in the performance of this contract and the doing of
<br />said wort., and ire J. ounty treasurer, actingi as- city treasurer, ay retain money col ", ted from property
<br />owners assessed for said improvement to pay such debts or until, the contractor 'shows that they have been
<br />paid or satisfied
<br />1._e eoot'- -'or ag.e's to remo--� all ruS.�isn, earth, and um �ed material in the strt•.-ts or aisles t4s t"co$
<br />upon the completion of the.iinpro�,-em2at or the repairing 1-herecf.
<br />The work of making such improvement shall be completed a cording to h t rms of this Cc�ntraet ctlx or
<br />before the - �t13. -- day of---_..#rQb..�a............................. 19.........�,
<br />unless the time for the completion of the sane shall b'e extended in writ ;-g by the Board of Public Worts. .
<br />And it is agreed that any such extension of time, or llrnv alteratiOTL of this contract or of the manner or math- `
<br />od of doing such work shall in no way affect the duties, obligatio .s or liabilities of the contractor or.his sure-
<br />ties.
<br />It is agreed that the contractor Fhall not-.ssign this contract, or sub -let the work or any part thereof to
<br />be done heretinder, wirho:,t tha .;:ir en o:- >;; of the Board of Public Works,
<br />It is further agreed a -A szipul ed *ha,; x contractor shall give to residents of said city and county
<br />preference in the ernployrn .rlt of all labor =t.pc=ssary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the surn of ten dollars for each faiNre t observe this stipulation,
<br />And upon the performance of all the terms and conditions 6f this contract, 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 assewd, col=
<br />lected and paid to said contractor in the manner fixed by the statue governing the making of such improvas
<br />meats.
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds -hisis>self or itself,
<br />and the respective successor or assigns of such parties.
<br />1
<br />In Testimony, Wteroof„ We , the foregoing named parties,
<br />hereunto set our hands thin nth., day of July le 19.
<br />WIli ISTON CONSTRUCT ION . COMPA1dY . }
<br />BY E. A. COATE.S*
<br />Sea&y & Tress,,
<br />CITY OF SOUTH BMD, INDIANA. Ce;gtrsetor.,
<br />BY G: A. FLUIOT<!.'
<br />HARM F. ROSTISER
<br />JOHA P.. MAVEN.......:..... ............ ..
<br />Its Beard .of -Public Works, .
<br />. ...... , . -CONSTRUCTION BOND.
<br />. 144W .411 .Mall .slat That we The Williston Construe -
<br />tiom Company ,of .tha .CslAty.gf St. Joseph State of Indiaxa, as ,principal
<br />and London & ,Laneashire Indem ity, CempenX .©P America of the - State of Now York
<br />as sureties, are held stud firmly bound to the C ty of South Beid, Indiana,
<br />In the sum of Five Thousand Six hundred -and two a Dollars ($5,612.00) for the
<br />payment of wliieh 4611'andifAly'to bd isade, ire Jointly and severally bind
<br />ourselves, our heirs, executors, administrators sans assigns, firmly by these
<br />presents.
<br />The c sad ition of the obl igatios are, such that if the above
<br />tamed The WillUt€n Construction Company shall i'aithPullg comply with the
<br />foreging contract, made and entered Into the 7t ' , day of July ,1919 with the
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