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V51
<br />ed.
<br />410 to perforrn all Work in the prosecution of said improvement under and according to th,& .tom Md fan;
<br />dltlofm of Improvement Izesollition No adopted by the Beard of Publle Works.--,
<br />and the plans, profile x.nd spccif"ica*ions on file i't the office of tb Department of Public Works, which said
<br />rezolution, plans, rtoftle atid specifications are made a part hereof as .fully and effectually as if copied and.,
<br />act out herein at full length, .
<br />The contractor further expressly ;!l covenants and agrees that in the prosecution of said work all proper
<br />akin ai'd care r-he exercised,; th-it he '- a 1% all excavations and dangerous places,
<br />fald vill um -all date a"" p' her pra^a'itron tc or '::'r v jtr- ` , pry person; or prc->rtv- that in the event ref
<br />anyinjury or darn" e resulting from the -w- ,. �� ;' frorn n ,v =" ter or thin" �onnent-d therewitli or
<br />artsing therefrom, to any person or property, h.V � !l p3v a tic,, date the same at his own expense, and is-
<br />surnethe liability therefor; and in the event of a.iry .'a_ri or cla.tnis being made or.s.ny action or actions being
<br />a brought against the city by reason or on ccount bf or grut ,ing out of s� id1 work or its construction, the slid
<br />contractor will at.his own expense defend the same, and:'ill pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents 'or representatives from all coast,
<br />ease, payment or judgment recovered in connection with such claim or claims, action or actions. And if
<br />Wn ten days after any such action is begun, the city shall notify, the contractor of the pendency thereof,
<br />then Aril judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on his, construction bond, as to th-- amount, liability and other matters pertaining thereto.
<br />And the Gonttactor agrees to maintain said improvenent ar:d liial:e such repairs as may be necessary
<br />the eriod and in the mariner as fixed by the specifications, and to secure the maintenance and repair thereof
<br />-to a with the Board o?"public Works a bond°with sufficient surety thereon and in an amount as fixed by the
<br />specifications. And. in doing such repair work the contractor and the.surety on'his guarantee bond shall be
<br />subject to the satne liability to the city and any other person for any injury or damage tp any person or prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />tlhtd it is furthes'hgre"d by,. `and between said f. rt,.-s 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 pr+av;s-
<br />lops of this contract, nor shall it release said con'
<br />ractor or the sureties on his bond for the faithful perform-
<br />ance 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, whether done & 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 amount due him or his assigns upon the completion
<br />of the work, so much as ma' tcessary to pay all laborers or materiai men for amounts due them for
<br />work done or materials use'a or 'urnished to be used in the performance of this contract and t`he doing of
<br />said wore, and the county treasurer, actuig'as city treasurer, may retain money collened from property
<br />owners assessed for said improvement to pay such debts or until the contractor ihowo that they have, been
<br />paid •)r satisfied
<br />:e co.,- -a c- 4a.ecs to reruo•-, all ruYjish. earth, and unused material in the streets or sides ther€rol.
<br />,-,Von the completion of the improvement or the repairing thereof.
<br />The work of making siich improvement shall be completed according to the terms of this eontratt on of
<br />beforethe.-....--- -------------------------------------------- ----- -------- - ---
<br />------dav of--------...-----------------......._........................- 1�,.........,
<br />unless the time for the completion of the sar-e shall be extended in writi^g by the Board of Public Worlrs,
<br />And it is agreed that any such e_eten,ion of time. or any altera~ion 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 shall not assign this c tract. or sub -let the work or any part thereof to
<br />be done hereunder, without the vvrit`en o:. n*_ of the Board P-hlic Works.
<br />It is further agreed and stipula,cd that t'4c contractor shall give to residents of said city and county
<br />preference in the employrn _nt of all labor necessary in the Derfcrmance of this contract, and failing to do so,
<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 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 of 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 such improve-
<br />n�:exits.
<br />To each of the Conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the plans, profile, specifications acid resolation aforesaid, the undejsigned binds himself or itself,
<br />and the re-pective successor or assir-:; of sucO t ai t-ec.
<br />In Testimony Whereof, We, the foregoing named parties, hereunto
<br />set our hands this seventh day of January 1924.
<br />S. U. AGKERMAN
<br />CITY OF SOUTH BEND, INDIANA. Contractor.
<br />BY L. B. SLAUGHTER
<br />L. P.—HARDY'
<br />ALBFRT F. HONER
<br />Its Board of Public Works
<br />C©NS c _ UC' fCN COND
<br />That we_....-. -r $ s- •,Ater . ................ ... u �... . _
<br />St . Jo sego State of__In
<br />princi-
<br />of the Cole : ty of ..- _..� --_— ---,
<br />pal, and _ American Surety' Companyo f New York ..
<br />.._..._._.....and State of.,..,,, �.
<br />New Yq k
<br />of the County of -.- ------�------
<br />_
<br />as sureties} are held and firmly bound to the City of South Bend, Indiana, is the sum i Ong_Th ©f=• �,11&B21F#
<br />for the payment of which, well and truly to be iria$�, vird jointly and severally bind ounolves, atir heirs,
<br />executors, adminstrators and assigns, firmly by these presents.
<br />The conditions of the obligation are such that if the above natned_
<br />huyler U. Aak erwan i if f ttfx ail , ce,Aii
<br />y i with file foaiegrSitig cldhtract,
<br />made and entered into the.-----.. � �, _ tlar� � __ __.�� 4 24,
<br />gV► , �Q Y7,'•'
<br />with the City of South Ber_d, Indiana and shai ftil, t a11�thPtjp1%F-n!toJbgi.v!1i1
<br />k'er'ft6tned,
<br />aecording to the true intent ar_d mca,::na the eof, '.` All rC� ts, th x t is oril ffl- tlt�il:rtVisC
<br />to be and remain in frill force and virtue i7'..z�v In F'-- Cty s?r'll ctenihe tide % the
<br />completion of said work, such extension shall not in ti-1y i66e e ifl& surer e. op flits honk, .
<br />This shall be a construction bond, and the sus ,— .e�g or the OJ _e §�_ 411 not be held responsi�ite for the
<br />maintenance and repair of the improvement after it 1r,19 btcn n c p d by tlrz second party, but such sureties
<br />shall be held responsible for the faits-f'ul co:r..pl,ance! vitro �flt 0 ,, tr €bndlifions, 66pulati.cns a.rn.d reeliiixeer,ottts
<br />envered by or set out in she contr tit.
<br />
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