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<br />Uinlilnuad
<br />-said to periorm all wdrY in },he prosecution of said improvement under and according to the terms and con-
<br />i:ii+.ions of Improvement R�solrittort No .-_ 660 t a.doptecl by the Board of Public,`'�ork��; ,jb,j9�9j
<br />and t?he plane rofile ?7d s Ad colors on file �+ rhA office of the Ike a-'m�nt f P hl' k
<br />pu- is said
<br />rc•solrition, plans, j~xofiie and. sperificat.ons are mMi ! a part hereof as fill and effE4'u'aIt a ,tf errfi;ed and
<br />set out herein .at fitll;iength.
<br />iie contractor further et pres.nbv ar cove hts arf4 ag -�t e propcutloxi o
<br />s that in• hf Safcf work all proper
<br />skill +,care 1 b- e��irr; ^r' th hP 1 0 � r all e Sava+ions ai?d dangerous places,
<br />,and ")l use <: tl d <" n Jar pr ` .pry. i,, 7 n t i yti, Zr t^Y person or 1 C ^� Lv r t� 3t, 11• T? ev tj{t Qf
<br />any injury or dam, �? r taitl g fT^ 1 rt ' <T �_ Cr r a tip 'c fr �T1 � y �+n,r of tl!"t319 E Q13llF'�ftiij tli'T2\3��'Cf Or
<br />art5itatg thn, efrom,Jo achy pprt.r 3 or ptoptrt. he 11 rev a =�, It , tid'ate th :s *lie at his o to ek Tense, `a.rid as-
<br />some'he liability ther four; and in the ever t.-of any cya_th or clajms be!ng•n1ade or`.any acft©n,er-actions beidv
<br />brought against the city by r+?ason or on, a;ccourtt of or grotyi ,g out of 9,'id• wolf or its edn3,tr .tC68,ii ih s�?d
<br />contractor will at his own expense defend the same, an � ill -pay any ,-udcs l ient 'r'ecovered the ein, and will in-
<br />all respects fully indemnify and save harmless said city, its QfficerS, agents or representatives 'from all cost;
<br />expense; payment or judgment recovered iii c �nne,ct%on with;such elaitn or claims; action 4 actions.. And f
<br />within ten days after any such action is'begun the city sha.11'noiif-1 the contractor of ti � tseti+jency` them^of,
<br />then'any judgment repdered against the city shall be conclusive agarfisi the'cQntractor and against the surety .
<br />on his construction bond, as to tb amount, liabiliW and other matters pertaining thexetd
<br />And the con rac or arzas to said ,t ^_ a ia rep
<br />s a r_ .
<br />the period and to the manner as fixed by the sn-ci`ic-a'ions, and to SEC 1E ,rf maiii-itenance aT l'r p }r t:
<br />to file with the Board of Public Works_a bon - d'„tn srzmcient suretytheieori and in an amounta#; _.---d i}r
<br />specifications. And in doing such repair Uvork the "contractor and the surety o': his guarantee bo-rd' shall b
<br />subject to the sane liabil.iiy to the city and any other person for any ii-ijuryor dan ag-e :to any per, cr pro,;
<br />erty in the same mariner and to the same extent as is fixed in the last preceding paragraph cove,t,rc_ tne col.i
<br />struction work.
<br />And it is .further agreed by and between said parties that the acceptance of the wor.c provided for in t':i,;
<br />contract; or the payment thereof. shw1l not constitute a waiver on the part of the city.of any of the proves-
<br />ions of this contract, nor shall it r;lease said contractor or the sureties on Airs bond for .the faithful perm -
<br />ance 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 contractor agrees to pav for all labor and materials used or furbished to be used in the making of
<br />such iriproveme t and in the performance of this contract, w-hether done or furnished for,him, or his agent,
<br />assignee, successor or subcontractor, and the city may reserve out of any allowance.rnade on any estimate
<br />in favor of i ie contractor or ' assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as, ma-, cessary to pay ,all laborers or materiai men for aiinount$ due` them for
<br />vvorlc crone or materials user :urnished to be used in the performance of this -contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, way retain money co eeted from property
<br />owners assessed for, said improvement to pay such debts or until the contractor snows that they have been
<br />Tmid or satisfied -
<br />to .erno ^'': rr.', , s;,, earth, and un :sed material in the stre;.ts or sides t orooi
<br />iipon the comple inn c; the. imorow m -:.it or the repr ring thereof.
<br />The work of ma.ktng siv-h lmprovment .shall be completed according to the terms of this contract on or
<br />before the------- -f'�. by • day of ;'eptitmb�'! l ls----_...-, 19 ._.:,,
<br />ur ess the time for tlhe compce -ton of the sar e sh 1l b evtEt�ded in «r r � by the Board of Public Worl S.
<br />AS,d it is agreed that'a ny sttrh eaten, tol o- ti, or any alter, ;-ion of this contractor t;f ;the xnanxer or"meth-
<br />od of doing.such work shall in no way a fect the duties, obliga_`tions or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor shall not -ssign this cortra_t, or sub -let the work or any part thereof to
<br />be done herei+nder, wirho'lt the v:.: �- t of the Board cf R..Nic Works.
<br />It is further agreed and s_ioa:� i contrac'shall give to residents of said city and county
<br />preference in the employrr=rit of a!, la' of _c�ssary in the performance of this contract;.and failing to do so,
<br />shall forfeit•t0,tbe city.. the sum of ten dollars for each faiLire 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 />pper"foi'rried'tiy`said co i rac'tor"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 />1 eacli°of'the cotrditibiis'and 'stipulations of this contract, including all and singular the provisions and
<br />terms of ,the plans, proii)e. §pesificatipns arLd•r-Folution aforesaid, the undersigned binds himself or itself,
<br />and the respective successor or assigns of such parties..
<br />° • . , . ° , 'In Testimony Whereof;
<br />sot our hands this° 21st. ; -, day of. June 1919,
<br />CITY OP SON BENS, INDIANA.
<br />G. A. EMIOTT.......
<br />f�F'f -9. ROS TISER
<br />JOHN -K-- . M$AVBN
<br />Ite .Board of Public Works.
<br />We, the foregoing named parties, hereunto
<br />THE WESTERN CONSTRUCTION CO.
<br />• BY PRE RANKERT Pros.
<br />Contractor.
<br />CONSTRUCTION BOND.
<br />Know all men b y those presents,. 'That the Western Canstructian
<br />Company of the County of St. Joseph State of Indiana and the Aetna Casualty and;Surety
<br />Company of Harttord, C onnecticuty as suret lea, are held and f irmly bound t o the C ity of
<br />South. Bend, Indiana, in the sum of Thirteen. T housand two hundrdd and Poventeen Dollars
<br />(413,217,00) for the payment of which, well and truly to be made, we jointly and severally
<br />bind ourselves, , our heirs, executors, administrators and assigns, firmly by these presents.
<br />The c and it ions of the obl igat ion are such that if the above named
<br />The Western Construction Company shall faithfully comply wity the foregofg contract,
<br />made and. entered into . the 21st . , day of June 1919 with the G 1t y of South Bend, ?.rid iana, and
<br />shall fulfill all the cord it ions and stipulations therein ec►#tai>aed, acco3ading to the 'true
<br />Intent &Ad seanisfg thereof, in all respects, thenthis 0h1 4+104 to be void, otherw a to be
<br />and remain in full force and virtue in law. In the evet>�ttt1k aafd City, shall exte k4 the
<br />t1we for the complet -10h of said work, such extension shall not in: any way release the
<br />surd 10-s this bo : ,
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