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155
<br />114 to k9r'faim flit * 1`k in t4 € roiweution of said improvement under and awarding W tho torml 1kno qoov,
<br />Jul( 16 1919
<br />�i.: bl � �;4 :�t�ia'�i��i1±� SEll1ltic9t3 N'�, ,,....:�A�0....-____, adapted by the ;i�oard of Public i�'osl��eeeeeneeee a�e�alG99 e
<br />$��:® fld�fi#ttn3g tfn fits the office of the', Depa-rtment of Pull t�1jp%� V+€h91 A1�
<br />#���f3 li 4 ff.; Pi it SON f1d pee-ifieattans are made a part hereof as fully and effectunily as R tw &t1
<br />let, 64 �l h az hill tefigth,
<br />efmfutaf ftifthor eitPr@vly covenants and agrees that in the prosecution of sr�1d wpt'u 1111 Prqpo
<br />t+. ! f ° l 1 epf ±s?d, th he !1 h on �, d t .,'A� all excavationo suet ditnRarA�1� � g
<br />,f{ i9 at`o "fir '°' * i -i?..y '1 ry person or p-o,,irty; tbat 1,1 t%j a�4�h �
<br />.�. fr•,m n-- „�..�±+cr , r. e_;
<br />ft mp, `� of datw 4 1'.��tlltit"ig =r_,� th , �4r , . or rep ,.± irg y : or th`±� onnm fpd 019V01 '�i P
<br />fir �iii V�Mfo fly t� ttl�y t?Yla ter t�ropPr �Y, h t " 11 r1.� a, n fir .4date the 8n,ue at tls of a p ►tq � 3 ,IFt,
<br />1i4t 1 li ii'tf f l t4br, tied in the eier,t of ariy (Ja,r± or claa+nls bA+'rig matte or ate t�ctspti r� �,cltprt� �
<br />Bl b l*fit i 4A the thy by MU151A or'on -t- out:t of or growhig out of s^'d a rnr3- or ts e��� ararr�t#ott s
<br />4i r kd'i' WM lit ail% pa?�� *�%% defer±d the same, and n !tl pay any to dgzate�t art -�J
<br />i� Ni oft ijAdmavd irid %a.'te harmtess said city, its officers, a.gento or xEpxe�en : f'sr a !:V r )31"
<br />j g1� t .. 11 yt id � yt li din �maecta®n ratty siz�'� cl�aoa �x e aan ,Eck€ard �+ "xs R. A
<br />.fib t ..
<br />xr , w s. repairs a; n
<br />the period and in the ma..ner as fixed by the snecif�cations, and to sec"re Inc maintenance and repair
<br />to fine with t'.±e Board of Public Works a bond W,th sufficient surety therecn and in an amount as fixed by `he
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />sibject to the same liability to the city and any other person for any injury or damage to any person or prop-
<br />e4 ,y in the same manner and tothe same extent as is fixed in the last preceding paragraph covering the coii-
<br />sii-uctioli wore:.
<br />A -d it is further agreed by and between said parties that the acceptance of the work provided for to t'..is
<br />contract, or the paym:nt th^reef, shall not constitute a waiver o-n the part of the city of any oi the proms-
<br />let s of this contract, nor shall it r ease said contractor or the sureties on hits bond for the faithful perform-
<br />azice 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 all labor and materials used or furnished to be used in the making of
<br />such •improvement and in the performance of this contract, wliether done or furnished for him, or his agent,
<br />assiz nee, 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 o% material men for -amounts due them for
<br />work done or materials uses, _araished to be used in the performance of this contract apd the doing of
<br />said worm, and the county treasurer, acting as city treasurer, may retain money collected from property
<br />owners assessed for said improvement.to pay such debts or uuTil the contractor shows that they have been
<br />paid or satisfied
<br />e ec._: a. -' to remo- _ all ru ` isi1, earth, and uimsed matenai la cite streets or sides , 31
<br />c<l;va. the completion of the 'improvement or the repairing thereof.
<br />The work of making such improvement shall be completed )yordin to th s of this contract on or
<br />before the----- ---------------- -2nd..---------------------------------------------day of---- I Dea a of -..........................19---------
<br />ttniess the time for the completion of the sat--e shall be extended in writi:-a by the Board of Public ` tor?:�s,
<br />Acid .it is agreed -that any such eaten,ion of tim•, , or any altera.`i n of'this c �ntract` 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 su c--
<br />ti�
<br />It is agreed that the contractor shall not P'ssign this conl-raot. or sub -let the work or any pait thereof fto
<br />be done here.zncer, without the -�.-it en cc), � of the Bo -d f D; l?iC ~Works.
<br />?t is further a reed a d stipt.?^ d the contractor
<br />g - sh 1 Q, •re to residents of said, city and county
<br />>refei-mce in the employm—nt of all labor ,Pcessary in the pert_ rmance of this contract, and failing to do so,
<br />slV1.11 forfeit to the city the sum of ten do?tars for each f ,;IT,� -o observe this stipulation.
<br />And uf;on the performance of all the ter -as and conditions of this contract, and things to be 'done and
<br />�fc rn^d by said contractor the said city agrees to ca se the cost of doing such work to be assessed, col-
<br />',. a A ,, A,pn.id to said contractor in the sapper fixed by the statute governing the making of such improve.
<br />To ,,�ch of the conrlitions and stipulations of this contract, i eluding all and singular the provisions arld
<br />t c -, of the pinns, profile, sp-:cifications and- resolution aforesaid, the `lmdersigned'binds hix:'tself or
<br />ctive successor or ass;gr:s of such partied:
<br />INTESTIMONY WHEREOF, We, the
<br />our hands this 28th. , day of August 1919.
<br />CITY OF SOUTH. BEND, IND IANA.
<br />BY G. A. ELLIOTT
<br />JOHN F. DHAVEN
<br />Its Board of 'ubl•ic Works
<br />CONSTRUCTION BG
<br />Know All men by those press:
<br />County of St. Joseph, State of Indiana,- as prini
<br />Whitcomb of the County of St. Joseph And State o
<br />f i:rmly b ound to the C it od South Bend, Ind iana,
<br />hundred And forty Pius (,$1Aj945.00)Dollars for t
<br />to. be made we joyritly and ses�erally bind oursel
<br />and assigns, firmly by these presents.
<br />The c and it ions of the ob 1 ig
<br />L. H. Webs ter shall faithfully comply with the f
<br />into the 28thd..day of August 1919 with the C it
<br />fulfill � all �hq , C orid it ions and stipulations thex
<br />florego ing named parties, hereunto sat
<br />L.- H. WEBSTER
<br />Contractor.
<br />ts, That we,. L..H. Webster ' of the
<br />ipal and Fred W. Keller and L. C.
<br />Indiana as sureties, are hold and
<br />in the sum of Thirteen ThousAnd nine
<br />.e payment of which, well and truly
<br />,es, our heirs, ,executors, administrators
<br />intent and .meaning thereof, in all reespects, thew
<br />to be and remain in-mall.force and virtue in law.
<br />extend tho - t imee , f =:r , the , c omel et ion o of said work,'!
<br />lease the sureties.on-this bond.
<br />t ion, are such that if the above bound
<br />regoing contract, made and entered
<br />of South . Bend , Indiana, and shall
<br />in contained, according to the true
<br />n this obligation to be void, otherwise
<br />In the event the said City, shall
<br />such extension shall not in any way re -
<br />
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