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157
<br />and to perform all work in the prosecution of said ilaproveinent UndcY' to tile. tet-nls -,till
<br />ditions of Improvement Resolution No. .695--- -------------- adopted by tile, Io rd of Pi-iblic t of s �Tll�y .:.�._,,1919.
<br />and the plans, profile and specifications on file in the office of the Depa: lent of Pi.,O,izc Woz}:s, vv ,+ olk s,i•.a
<br />resolution, plans, profile and specifications are made a part hereof as £ally and effectst=,lly as if. ccpittd. )wl
<br />set out herein at full length.
<br />Tl,e contractor further. ex—e-es-lv rove ia.nts and agrcn-s that in the prosncui-on of sa;d urot>; �,11 pt,,i,4•r
<br />skill d Care i`"`1 be eXerCts? ; tf 11e I ,n�i- ' `d a'I a7>,, ra i!)t:'l� 2.i" 1 f�allo".I'i)�19 [la `:5.
<br />and t tlSe ? 1. due a' r,r ?Pr OY ...' L� .o, tO !). '_' t '1• v r7 .'. v 1) :t o1 ^r ' `L
<br />a i l._ t-1 a• r'�t �+ -. r nr rC 7 ,,.,�; fr'?t1_ �--y . fi .., or
<br />ariSitlig the rQiMin, t0 a.rty p')Y`�^`1 (lY' D- i`..rv, n".' -:jl „1V s"...,., , P 1? r-.,:'t ''1g "�'•
<br />h a5 f '.f' } trls } i .1 �4 H
<br />s,,:��:: �.he liability thur-io, ; ar.;l in the event of any ._ o c ? �..-'v e c� � sv a,- ��� _t � , 1
<br />brc ,lit agai~> ;t the city by reason or on acco, :_t of or gro wing o ;t of
<br />,,,ontr•a.ctor will at his mvn expense d'efcnd the same. Ord ..,i pay any ju: srne_it
<br />ail cespects ftttly irtd tn-, ify and save harmless said cy, its officers, g,nt or r c a'=i .
<br />"pay'went or ludg-meat recovered in co-:nection yzr. 'l' st ::1 c..alr'7 or Oa.it ,S, a..t C)T+ OT - ;:r s
<br />nr
<br />ritl_7t(1 t fl tl.)y of t t{iy � iC,'�4��_i is lJ S`t»� �'"'� 1P city $1�'} Po`.'Y y ."`il� r ;' a OC f .1 rI _
<br />co: .ra: `.ol' akr_ s iU said, i,:"_c s ,. l re
<br />yalrS as Tt; �' Y;+
<br />t17e pperiod and in the manner as fiN0 the snp6l�cationsl and to secure tale maintenance and repair til T : `
<br />to fife with file Board of Publie'Works a tion.Iith suN, ez`ent surety thereon and in an amount as fixed.by _hc
<br />sl,ecifica.tions. And in doing such repair Nvorlc'the contractor and the surety on his guarantee bond shall be
<br />st.•bject to the sarste liability to ,the city and any other person for any injury or damage to any per-s :'n or prop-
<br />r;:y in the same manner and to. the same extent as is fixed in the last preceding paragraph covering the cott-
<br />i'U.<:t1on worn..
<br />A_d it is further agreed by and between said parties that the acceptance of the work provided for in this
<br />contract, or the payment th reof, shall not constitute a waiver on the part of the city of any of the provis-
<br />ici,s of this contract, 'nor shall it r::lease said contractor or the sureties on his bond for the faithful periorm-
<br />&:;.re thereof; nor shall the acceptance be prima facie evidence of the performanceyoi' 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,, 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 r 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 material men for amounts due them for
<br />work done or materials uses; r Burnished to be used in. the performance of this contract and the doing of
<br />said worn; and the county treasurer, acting as city treasurer, may retain money .collected .from property
<br />owners assessed foy' said improvement to pay such debts or until the contractor shows that they have been
<br />paid or satisfied
<br />`the cont-a^`or agrees to re.mo-a a1l -rub`aish. earth, and unused material hi the streets or sides thcc x _A
<br />upon the completion of the i%provemerit or the repairing thereof.
<br />The work of makTn such improvement shall be complete ie s}xsO this contract on or
<br />before the ........... .....�21C1.. ......................,- da-y. of..':......., - .. ..........., 19..........E
<br />unless the time for :the completion of the same shall be extended in writing by the Board of Public Works.
<br />And it is agreed that aiy such extension of time, or any alteration of this contract or''64 the manner -or rneth�',
<br />od of doing such work shall in no way affect the duties, obi gations or liabilities of the contractor or his sui'o-
<br />ties.
<br />It is agreed that the contractor shall not P.ssign this contract, or sub -let the work or any part thereof to
<br />be done hereunder, wit the -,,rotten co.I's _, t _of the Bo rd of Public Works.
<br />It is further agreed and stipulated that `m contractoT shall give to residents of said city and county
<br />preference in the employment of all labor necessary in the performance of this contract, and failing to do so,
<br />shall. forfeit to the city the sum of ten dollars for each fai.nre 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 />performed by said contractor the said city agrees to cause the cost o; 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 avch improve-
<br />raents.
<br />To each of the conditions and stipulations of this coritr ct, including all and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid. the undersigned binds lihase.lf or itself,
<br />and tho respective successor or assi�r_s, of such parties.
<br />IN TESTIMONY WHEREOF, We ,
<br />set our .hands this 28th. , day of August 1919.
<br />CITY OF SOUTH BEND, INDIANA.
<br />BY G. A. ELLIOTT
<br />JOHN F. DEHAVEN
<br />Its Board of Pub 1 is Works. -
<br />CONSTRUCTION
<br />she foregoing named parties, hereunto
<br />L. H. WEBSTER'
<br />Contractor.
<br />KNOW ALL MeN BY TEE PRESENTS, That we L. H. Webster of the
<br />County of St . Joseph, StAte of Indiana , as pr in ipal and Fred W. Keller and ' L, C.
<br />Whitcomb as sweet ies, are held and firmly bound o the City blf South Bend, Indiana, in the
<br />_ sum of night Hundred and seventeen Dollars ( 17.00) for the payment of which, well and
<br />truly to be made,` we jointly and severally bind ourselves, our heirs, executors,
<br />administrators and assigns, firmly by these presents.
<br />The conditions of the obligation are such that if the above
<br />named L. H. Webster shal faithfully comply wit the foregoing contract, made and entered
<br />into the 28th. , day of August 1919 with the City of South Band, Indiana, And shall
<br />fulfill all the conditions and stpilations therein contained, according. to the true
<br />intent aid meaning thereof$ in aLl respects, then this obligation to be void, otherwise
<br />to be and remain in full _force add virtue in law. In the event the said City shall ex-
<br />tend the time for the completion of said work, such extension shall not any way release
<br />the sureties on this bond.
<br />i
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