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and to perform all work in the prosecution of said improvement under and according to the terms and con
<br />ditions of Improvement ttesolntlon No...figg................ adopted by thO Board.of Public `1�oaj.9 cote 3�d,• ,1919.
<br />and the Marrs; -profile a..rd `specifi�a.*ions on file inthe office of the; Depa,. tnient of Puglia .Works which 'said
<br />resoluii rr, plans, profile and specifcations are made a part hereof as filly. and ef�ectu0y a i copied and.
<br />set out herein at full length.
<br />rn' e contractor further expressly covenants and agrees tb:^t in the prosecution of said: work all .prover
<br />skill ai,d.care."l be exercised; th7.. he o � ' i F -^"` all e,-ccavations, avd dangerous places,
<br />Ind "'"��. use c'1 du`e ard.p ,7%'T C' i`301 To or `.rn__ Ins;v -y *0 r* person or 1 r«� t a7 I ?
<br />any injury or da=,6� reslditlnng from th,: vr--�_ or re= ,.` m, fr'�m a -v r-,.t`_`- or thin ror.s�: * 1 'tl'er3,yi'1; or
<br />arising therefrom, to any perse i or prop�r`y, i^u ?1 rw a- hr ?date the sa r •zt his own. expense„ and as-
<br />sitfne the liability therefor; and in the event of any ciaim or claims being made or any ac.�ion (',- actions b2irq
<br />-bro_?ght age tist`the city by reason or on account of or growing out of .s--�d vror?- or its con�truction, th—. s,3-4
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and Nvi it in
<br />all respects fully indemnify and save harmless said city, its officers, agents or 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 action is begun,, the city shall notify the contractor of the pen lency thereof,
<br />th,n, any judgment reordered against the. city shall be conclusive against the contractor and against the surety
<br />on hii construction bond, as to 0 ,mount, liability and other matters pertaining thereto.
<br />And he c:Coi.,ra ,`Or iakrcas t, as 2 7 'y' , _.• '_..5.;az j
<br />the perwi d and in the maancr as fixed by the sr.Pci cations; and to s c,..re «ie ruaintenance and repair wertoo °
<br />to p file with the Board of Public Works d bond,�aith sufficient surety thereon and in an amount as fixed by the °
<br />ipecifieations. And in doing such repair work the contractor and the surety on his guarantee botd shall be
<br />otibject to the sar.ie4iabilfty to the city and any other person for any injury or damage to any pers k,n or prop-
<br />erty in, the same rnallner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.,
<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 />ions of this contract, nor shall it re lease said contractor or the sureties on his bond for the faithful performs.
<br />aimp 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 pay for
<br />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 />astiglnee, successor or subcontractor; and the city may reserve out of any allowance made on any -estimate
<br />n favor of the contractor or ' assigns, or out of the a.nmount due 'him or his assigns upon the completion
<br />of the vmrk, so much as mr, ,essary to pay all iabore s or material men for amounts due them for
<br />wont done or materials used .arnished to be used iq the performance of this contract and the doing of
<br />Salo Sdtlk sz, ar:d ta" e . c.oklnty t, : ` ,dart,?', acts'-ig' as city treasurer, may retain money collc's ted . from. property
<br />ownersassessed for said imprvvetnent to pay such debts or wi-cil the contractor OnOws that they have been
<br />paid or satisf ei#
<br />to ,enlif sii; ear0h; and un!lsed material in the stre<:ts or sides thcrc,i
<br />man the cornpletion of the imp�o•�em .it or, the repa;ring thereof.
<br />g ,.p,... day, o{ wed°aceordIn to th to ors of this contract on or
<br />The work of rriakin such for rovement shall be c�ran3
<br />b,-fore the ..................... 2,2u�,.. _._-.�.a.a .. ,.:...1�ULa°.� 10r e2� 9 t....... , ............. , R4 .......�
<br />ur'ess the time for the completion of the sar-t shalt bKe extended in w-;ti.-.g by the Board of public,Works.
<br />41° d it •is agreed'that'any such-eYden-ion of'time, `or '-r.y alterr,tioh of this cc-,ntract or of the manner ar',meth'-
<br />od of doing such work ghall an no way affect the duties, obligations pr 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, withort the i"rn,en co__s rt of the Board of Public Works.
<br />It is further agreed and' stioul'a-ed, t??at' -' > 'contraciori shall give to residents of said city and county
<br />prefererlce.in the employment of,all labor, l:ec�,ssary in theJu
<br />'perforTnance of this contract,,and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failre to observe this stipulation°.
<br />And- upon the performance -of -ail�the terms and 'conditions of this contract, and things- to be donee and
<br />pperformed by said contractor the said city agrees to cause !the cost of doing such work .t0 be' assessed` co1-
<br />leeted and paid to said contractor in the manner fixed by the'statute'governing the making of sych impiove-
<br />menus. °
<br />To each of the conditions and stipulations of this contract, including all and singular the. provisions, and
<br />terms of the pea s; profile,°specifications and resolution aforesaid, the --undersigned binds himself or itself,
<br />end the respective successor or assigi s cif` sw h -part`; es,
<br />tiy'A,,fties$ hareunte
<br />,l �sWh4,
<br />act our hands this 2nd: day' of September
<br />THE WHIJE CONSTRUCTION COMPANY
<br />CITY OF SOUTH BEND, INDTANA. M. E SITE
<br />BY G . A. 'LIO TT ° Prsd, &
<br />HARVEY.F.- ROSTISER Contractor.
<br />JOHN F. DEHAVEId
<br />Its $oard of Pub liC':W 'rks..
<br />• ° .. CoNc,SfiRU�fiIt��1B0 _
<br />KNow all men by these presents, nts, That ire, TheWhite Constr pact ion.
<br />CompAny of the County of MilwAukee, State of Wi cons i,.11, as Apr ine ipAl and Maryland
<br />Casualty Company of Baltimore, lid. as sureties Are held and firmly bound to the City
<br />of South Fiend, Indiana, in the such of Seventeen Thousand Nine hundred and forty three .
<br />Dollars ($17,943.00) for the payment of vhi:h, well and truly to be mace, we jointly
<br />and severally bind, ourselves, our heirs, execu ors,tlmini$trators and assigns, firmly
<br />by these presents.
<br />Thi conditions of the obligation Are such that if the Above named
<br />The White Construction CompaXV sh al faithfully co;xply with the foregoing contract
<br />made and entered into the 28th.9 day of August 1919 •with the City of South Bend, Indiana.
<br />and ,shall fu-lflll All the c and it ions And st ipul at ions therein contained, according to
<br />the true intent And meAning thereof, in all raspecta, then this obligation to be void
<br />
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