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and tq perform all work in the prosecution of said improvement under and according to the terms aril con=
<br />ditions of Improvement Resoltitfon No. .....66-0 ...., adopted by the Board of Public Works.....A.Pri:i3fl,s1919•
<br />and the plans, profile -and specifications on file'in the office of the Department of Public Works, which said
<br />aesoh tion, planet pprofile artd s_pec�fications are made a part hereof as frilly and effectually `as if copied and .
<br />set out herein at full length..
<br />The -contractor fuf-ther expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care + i -be everc` tl• 1 he a -on '' � F. _all exr...ava*ions and dangerous places; -
<br />�and "r9'1 use.,
<br />tt (ltte d TrQ r pr fiOA r? Dr t 1n+1 "v^M „-V person or p-n irty i that i'i t}2C event yf
<br />and irijury.or dam..a result :g frcm ,!-IA ,� or r ..t�` -from +rat* r or th na.-onrActFd thereWii.h or
<br />ariSin therefrom, to any, perr^"Z or n op r`v h tl+r,av �`' ^ 1+r �idat $ :*je at his,own expense, and aS
<br />sume .the liabilityther for • and in the e�rent of any.c.:a-rr o - claiins b ,, read A � � L g l . or and action or anions being
<br />Drought aga+rest the city by reason or on accouist of or gro-wing out of €^'d vtor'.; or its construction, ;the said
<br />eontra6wr will at his dwn'expense:defend the same, dnd will pay any judgment recovered therein, and will in_ r
<br />a11..respects :fully, indemnify and save harmless said' city, its .officer`s, a l nts or repxesentatives from all cost, l
<br />expense, payment or judgment recovered.in,connection with such claim ar_cla t s, action v actions. And :f
<br />within ten days after my such action is'begun, t ie city shall notify the bontra�or of tine pendency then -of,
<br />then any judgment rendered against the city shall be conclusive against t'he contractor and against the surety
<br />on his construction bond, a.s ta .to th mont, liability and other matters; pertaining thereto.
<br />And the contractor a:greus to maintain said impro-rement a�,d i fake stm-h repairs as =;); 1 1..: s
<br />the period and in tl* manner 'as fixed by the specifications, aiid to sccare uie maintenance ai,,d repair t
<br />to file with the Boajrd of Public Works a bond r ;th sufficient surety thereon and in an amount as ri ed by
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall l>e
<br />subject to the sarie�liability to the city and any other person for any injury or damage to any per . or prop-
<br />-drty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the co%i
<br />struction work. a ¢
<br />Arid it is further agreed by and between said parties that the acceptance of the work pro0.4nd for in t`.is y
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any o1 t_v, prods -
<br />ions of this contract, nor shall it rLlease said contractor or the sureties onhisbond for the faithful perform-
<br />ance thereof nor_fliall the acceptance be prima. facie evidence of the performance of any provision of this
<br />contract, except to Fthe extent of entitling the contractor to the contract price therefor.
<br />The contractorl 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 of any allowance made on any estimate
<br />in favor of the contractor or ' assigns, or out of the aniount 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 amounts due them for,
<br />work done 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, may retain money co,". ted from property
<br />owners assessed fef' said improvement to pay such debts or until the contractor shows .that they have bey n
<br />paid or 'satisfied .
<br />i
<br />l ae cont'-a^ "c" agrees to remo- 2_ all rubi)ish, earth, and uw_'sed material in the streets or side
<br />upon the completion of the imnrovem�-it or the repairing thereof.;
<br />The work of malting such improvement shall be compieted accoi-dirg to, the terms of this contract on ov
<br />before the ------ ............. --- --- -----day of -------- tLeldbAr_.:1919
<br />unless the time for the comp et -on of the sar,e shall be extended im writ;-g by the Board of Public Wort-s,
<br />And it is agreed that any such eetension of tune, or any alteration of this contract or of the manner or meth-
<br />od of doing such work shall in no way affect the duties, obligations 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 hereunder, wirho the -,rrii :en cross: -.nt of the Poard of _ +bi c Works.
<br />It is further agreed and stipul- ;-d at c^ntrac4�or shall i-re to resiaents of 'said city and cotii++y
<br />preference in the employm-Int of all labor npc_,ssary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each fail«re to bserve this stipulation.
<br />And upon the performance of all the ternis and conditions of this contract, and things to be done and
<br />performed by said -contractor the said city agrees to cause the cost ci doing such work to be assessed, col
<br />lected and paid to said contractor in the manner fixed by the statute governing the malting of such improve-
<br />ments.
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions aid
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
<br />i t I Vie respective successor or assigns of such parties.
<br />I Testime' Where©!, We, the foregoing named parties., here-
<br />unto set our hands, Is 7th., day of July 191g:
<br />f w rLLISTON CONSTRUCTION COMPANY
<br />BY E. A. COATESs Seer y &
<br />CITY OF SOUTH BEND, INDIAhA. Trews:,
<br />BY G. A. ELLIOTT
<br />;_ HARVEY F. ROST ISER
<br />JOHN F. DERAVEN
<br />Ito Board -.of Public Works.
<br />....... CONSTRUCTION BOND.
<br />' 'Kaow'ill'naen'by-these presents 'That we Williston Construction.
<br />Company of the County ° gf , St , * Joseph: ' State - flf ° I iana as principal and London
<br />& Lancaehire-2ndennity•Company-of America of New York as sureties, are held
<br />and firmly b*und,to-the-City-of-South-Band;-TadiiLne in the sum of Two Thousand
<br />Eight hundred and eighty- (#2;880; 00) -f or - the payi ient of which, we11 and truly
<br />to be made, ire -jointly • and• severally-b #wed - oursel ee, - our- heirs, executors,
<br />admiaistrat ors and see fps; f firmly •fig these pros Ate.
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