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<br />42d to perform all wd k iti the prosecution d� said i lnaement under ato aomM* to the'terias and con-
<br />ditions of ImRrovement Rrscrhision No. .. ...... a�tiopted by the. Board of Public `1Vor s...,,_,.... __..�.,,
<br />and `he plan ,,profile a"'? Specifica`;ons on file =-t t�+e ofi ee of the Lega-tmmt. of Public Works, whi,h said
<br />rebolution, p'ans,profle an:d, specifi:arions are. made .a part hereof as fully and effectually as if copied and
<br />se, out herein at f-oll length,
<br />"^ ^, contractor: farther eepresrly covenants ald a Ps that in the prosecution of said work all proper
<br />skill i care . • `l ehe er rc%b tl: h ; ; .`z r:r, o^ :- d t• all excavations and dangerous places,
<br />and :=t use s?t due a*id pr„oor pr °. t = or :t.j1),).ry f,) ;y person 1* pro }, rty3 , that i i 1,hf, evn it nK
<br />any 1-1jury or datnhge fesdst`ung #rhx5s t w��' ar r from P.--v-ctlf.r or'thin,g cr
<br />arising therefrom, to� any person or property, he s �11 pay are+ liovidate the same at his own expense, and a-,-
<br />sutne the liability therefor; and in, the event of,,any.cla:ri, or claims beir..g made or any action or actions b�=ng
<br />&ln brboght ast the city by reason., on "account of`;or growing out of s-id work or its construction, th=> sa;,i
<br />contractor;.vKill at his own expense defend the same, and v I pay any judgment recovered therein, and vain in
<br />all respects -fully indemnify and ave hannless..said city, its officers, agents or representatives from all cost,
<br />expense; ps�aent or ,judgment remift. Od m eoiinection acith such claim or claims, action or actions.. And 4within. ten dad i ,;iffi i -any such act3ota ip`b.'. the city shall; notify the contractor of the pendency thereof,
<br />then arty �udgi6ent ,reader d agaiifst,'the city A ..lk be;�eanClusive agmnst the contractor snd'against the surety
<br />^�,u :, � ts�txor�: board, 'as to"th'e ziitzouzat,. li�b#Hl ry i nd, other matters: pertaining thereto
<br />And the con€ra:cfer agrees to io4arntaui said impruf.ztrent a--G. r,.14.- such repairs as i:.ay .e neee+sss:r•y'' ='
<br />the -period and in the manner a.. ed by, the sgeefficatione, and to SM-re the waintenaicce and repair thereof
<br />to file with. the Berard of Public orks a bond t-;ith sufficient surety thereon and in an amount "as oted by the
<br />specifications. And in .doing such repair work the�.:antractor. and the surety on his guarantee bond shall be
<br />webject to the same liability to the city and any other person for any injury or damage to any pers,t n or prop-
<br />erty in the same manner and to the'same extent as is fixed in the last preceding paragraph covering the con-
<br />structiorr wore:.
<br />A_nd 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 waSver on the part of the city of any of the provis
<br />ious of this contract, nor shall it release_ said contractor or the sureties on his bond for the faithful perform--
<br />ance. thereof ; nor shall- the acceptance ,be pprima facie evidence of the performance of any provision of this
<br />contract, ea:cept to the extent of entitling the contractor to the contract price therefor.
<br />The eontiractor agrees to pay f,6r-in labor and:.materials used or furnished to §g used in the making of
<br />such improvement. and in the performance of this contract, whethef done, or $lsrnished for hire, or his agent,
<br />assignee, successor or subconiracibr-,, and the, city may -reserve put of arty allowance made on any estimate
<br />in favor of the contractor or s assig3*, or out of the:amount'due hitn or�lus assigise upon the completion
<br />of. the work, so.much.as marjjie necessary to pay all laborers at materiar .men for amounts due therm for
<br />work done or auifieniala ,used or, # i;hed. to , be ,usad iri the performat►�Ce of tl>;a contrsot and the doing of
<br />said worita, and the +n* tYeasurer, wing ss tity treasurer, -pia retain money collected from property
<br />n•�*ners al essed far saicj arttgroVemeat tO ptty sucla debts or uvdl t o obs►iraetor shows that they have been
<br />ail ru' sa; earth, and uni-scd material in tAe streets or aides tht-roof
<br />AVAon the ,mnro• Qil1 i.it or the. repa;ring thet'eof.
<br />The work of lra><iry s+irh impr".vw�tttent shall be cpmjSl.eted according to the terms of this contract on or
<br />b fore the._ -•--.......... .. ..---.. day of ........ �................................:.... ........, 19.-,......
<br />m,
<br />unless the time for the cornple*;on of the sar. sh�.l: be extended to writing�by the Board of Public Works.
<br />And it is.agreed that any such extension of tine, or any alteration of this contract or of the manner or meth-
<br />od of doing such work shall in no *ay 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 contract; or sub -let the work or any part thereof to
<br />be done hereunder, without the written conse:it of the Board of Public iWorks:
<br />`It is further -agreed and stipulated that the contractor ,shall give to residents of said city and county
<br />preference yin the employment of all labor necessary in the performance of this contract, and failing to do $0,
<br />shall forfeit to: the city the sum of ten 'dollars P*r .each;�re -to observe this stipulation.
<br />And upon the performance of all the terms *" conditions of this contract, and things to be alone -and
<br />performed by said aunt pr: he -Maid city agrees to, cause the cost of doing such work to be assessed, col-
<br />lected and paid fo'said f€or itt raazitner
<br />�Y�{- ` by the statute governing the making of such improve-
<br />rnents. 4yO i
<br />To each of he Bond bonssoutract, inaludlog all and singular the provisions and
<br />terms -of the pla&, profile, per 8 gesdutjoa afpresaid, thi'-=dtiv1Xued` binds-440ulf or itself,
<br />the respectivt successor Orr;
<br />IN TESTMON3? WHEREOP9 `We, the '-foregoing named parties , hereunto
<br />sot our hands this ..23rd: A$y• fl4-.Augut1.918.
<br />y _ BRUNO DE t EAPE
<br />Contraet or.
<br />CITY OF SOUTH BEND, IND IANA,
<br />By G. A. ELLIOTT_
<br />H. F. ROSTISER
<br />Its Board of Public Works.
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