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and t0 perform all work in the prosecution of said improvement under and accordhV to the terries at�d cvxx•
<br />ditions of rm roverment �esol6tion No;, 21
<br />p . , 7 - adopted by the Board of Public Works.A2Zuet< 6� 1919.
<br />and the plans; profzle;an specti"icat,�ns`bn file la the office of the Department of Public Works, twhich`�,sai
<br />tesolutton; plans, profile -at specitications are mane � part hereof as fully grid ef:ectually as }f coded' and
<br />set ottt herein at ,.,full. length
<br />the contractor further exliressly covenants aryl aggrees thtit in the -prosecution of said word all o per
<br />tlktll aTtd cai t �iil be exerc�ed, that he_ !i n-on r j all excavations and dangerous �#
<br />and Axi"11 use all tie'ard r , ; r'' +` ,
<br />1, d. p oiler pr ca-ut'on fo rev r sC.
<br />p iniu v o y person or p-n e + tl� g„Le pt ` es`
<br />any lriltlry-or damage resultirg fror-i th' whr'._ or rP5 ,1tf^a from a-, zratte �`y' .at i't h eV�n,..•r,�
<br />arisrn therefro v y r or thingg conrxAct-d there or
<br />g ;to anygers�n.or p Qp rty, hP tl.nay anti liquidate the same at his own expense,-atIA,a:s.
<br />psums the liabrl�ty;therefg`f ard.in the;: event of any claim or clatins>being made or any action or actions b i- o
<br />ro' ht against :foie• city by reason or on account of car growing out of s Id work or its construction, eoritt'act6r will of his own expense defend the same, and will pay any ju jgment recovered therein, and vti,r 1_'in
<br />all r spects .juhy indemnify a41ave harmless said city; its officers,. agents or reo.resentatives from all cost,
<br />eztpehse, payment or Judgment' recovered in connection with such 'claim or claims, action or actions. A co ,
<br />!within ten days after any suciir action is begun, the city shall notify the contractor of the pene!, ncy then ;' f,
<br />thx•n any judgment rendered against the city shall be conclusive against the contractor and against Ole sue ;:y
<br />®n,hi,s cohstruction bond, as to th '�rnoijat; liability _and other ra^.trers pertaining thereto,
<br />ttr w_' fa"� i tip tt k �� d su _n rcp s as tray C2 necessary
<br />the � �r47c. t_:�o xgs : to s��� re t�ae maiatenaac, and repair thereof
<br />tg irr -. i?tl : l fd r�1 Works a baazdl z,th su cient,sumty the n and in an amiWant is 6eo by the
<br />KEg iC fi § i< � � �ePir work the Contractor and e a ty Ota his uarca tee <bond eh 11 jae
<br />Nloj€,t t@ 1iWli �' � the sty and attp other person for an �
<br />y its :;§g }� s r the me extent as is pp ' ' or char age tO any. pets ;:n or op=
<br />Afii8iol wofk- fixed in the last g>r cedin fiary,graph o®verwg the colt-
<br />Afid it i§'ftif @f 919med by and between said parties that the acceptat;ee of the work provided for in this
<br />mitfA Of & pay>fefit thereof, shall not constitute a waiver on the part Of the city of any of t r v} = 61jiAmt f1w §hall It release said contractor or the sureties on his.bond for the faithful $erfgi°m=
<br />thembf J. f1bf s�all the aceeptance be prima facie evidence of the porforrnance of any provision of''_this ",gip
<br />��Pt 16 ��t @Keen!: of entitlingthe,contraetor to the contract price therefor,
<br />The 06tr§@ Of is@c9 to pay for all labor and materials used or furnishetd to he, used in the ma1kl of
<br />'ln the performance of.this contract, whether done or furnished for him ®r his, �g��t!
<br />§it@s.§h@e�® be huh@®tract®r; and the city may reserve out of any allowance trade ® any e6tlat@
<br />ild f ®t dig @s era@t®r or i..!- assigns, or out of the amount due him or his assign ias upon the completion
<br />*601 cessary to all laborers or material men for Amounts due thorn" for
<br />� g @>P 'fat@t;� N$tn ac L"Qrnished to be used in the performance of this Contract and the dolnw of
<br />paid wnlity trtasurer, "UK as city treasurer, may retain sruonc�r �o1l��tcd from pr©�crty
<br />@ `l�@f§ @��@ @� %f Mid 1U1PWvet��ttst to pap such debts or until the cos�troctor ab�� s tl,�.t their have
<br />`�= f�. Pik %stir,&
<br />1 e costa '.sb".'e-s to rem ^:11 rt�
<br />.�:?, ear and U,.s_Sed n.laf cn �1 119 ?� Sti"t,:; '.s or
<br />upon the completion of the•impYo irne"it or the repairing thereof.
<br />work of making arch improvement shall be
<br />bef®xere tits,...,.. cornVieted according to the terrens of this contm-ct, on or
<br />ty of --------------------- --........ .._.__.:._ i4
<br />unless the time for the completion of -the sar e shall be, extended in writing by the Board of Public �torl�s�
<br />And it is agreed that any such eaten -ion of time; or Pny alteration of this contract or of the manner ormeth. .
<br />od of doing such work shall in no way affect the duties; obfigations or liabilities of the contractor or his sure -
<br />It
<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, without the w.it-teri consent of the Board of Public Works.
<br />It i9 further agreed and.'stipula*ed that +'a= contractor shall h give to residents of said city and county
<br />preference in the employment of all 'labor necessary in the perfortance of this contract, and failing-to:do set,
<br />shall forfeit to the city the sum of ten ,dollars for each failure to observe this stipulation.
<br />And upon the' performance of all the terms and conditions of this contract, and things #o be done and
<br />performed by said bontractor the ;said city agrees to cause the cost of doing such work to be sass red, w �i-
<br />leered and grid to said contractor in the manner fixed: by the statute governing the making of such improve-
<br />fnents.- s
<br />tTO each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />erms of the plans, profile, specifications and resolution aforesaid, the undnrsign.Hrl binds h€+>+scl# (,r lent!£
<br />and the respective successor or xsSQgns of sticl, tiros@,
<br />In Testimony 7her*Gft Wet the foregoing named parties, hereunto
<br />set Our hands this , 2nd. das:y of October 1919
<br />THE 'PHITE CONSTRUCTION COMPANY
<br />H. B. DETWEILER
<br />CITY OF SOUTH BEND, IND IANA. Seek,
<br />G a A.. ELL IO TT
<br />HARVEY F. ROSTISER
<br />JOHN F. DEHAVEN
<br />Its Board Of Public Wooka
<br />
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