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183
<br />Wednesday 1hy 9th.9 1923. Continued,
<br />nci the contractor agrees to rnaintain said improvement and wake such repairs'as may be necessary
<br />the pexiod and in the mariner as fixed by the specifications, and to secure the maintenance and repair thereof
<br />to file with 6e Board of Public Works a bond -,Jith suElcient surety thereon and in an amount as fixed by the
<br />opecifacations. .And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subjcct`to the sarne liability to the city and any other person, for any injuryor damage to any person or prop-
<br />:.. city ip the sarne manlier and to the wine extent as is fixed in the last preceding paragraph coveting the con-
<br />striwo-wi work.
<br />tl it is further agreed by and between said part'_-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 provis-
<br />lons of dais contract, nor shall it release said contractor or the sureties oa his bond for the faithful perform-
<br />ance thereof; nor 'shalt 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 mateijals 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 />its favor of the contractor or ti- assigns, or out of the amount due him or his assigns upon the completion
<br />of the'vork, so much 4s mar 'cessary to pay all laborers or material men for amounts due them for
<br />work done or materials used or furnished to be used in the performance of this contract and the doing of
<br />said wort, and the county treasurer, acting as city, treasurer, inay retain money colle ted from property
<br />owners assessed for said improvement to pay such &t!bts or until the contractor shows that they have been
<br />paid or satisfied
<br />a to rer<<o 4t rtr : ; sii. earth, and unnsed Material in the Street& oe sides tl;areoi
<br />ulaon the completion of the imVrovem�nt.or the repa*ring thereof.
<br />The work of making such rmpraveanent shall be completed according to the terms of this contract an or
<br />before the ...-.._ .-_--- � day of _ __
<br />----- -----------------
<br />un.css the time for. the campletion of the sal e sh-ii be ex -ended in w.*� , .........................
<br />�--�_----�--� -
<br />.And it is agreed that any such extension of ti,,,-, or any al*erw ion of this cg b a t e Board f the ma Public
<br />or Works,
<br />od of doing such work. shall in no way affect the duties, obligation s oriatiiiities of the contractor or his sure
<br />ties.
<br />It is agreed that_t'fie contractor shall not �ssi6-n this c�,.-.-�,.,-. `
<br />be clone hereunder, without the writ' Pn co: c or sub -let the work or any part thereof to
<br />It is further agreed and'w'-istipulated than of the Board r P. 1>1,,; Works.
<br />preference in he em to m,. a' contractor shah. o-ive to residents of said city and ccrci;i+y
<br />tj p y nt of all labor i� scary in the i3erferrhance of ,this contract, and failing to (to 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 terms and conditions of this contract and things to be done and
<br />performed by said contractor +Fie said. city agrees to car.z.�e 'the ev'st of doir;g such work tca be assessed, col-
<br />Iected and paid to said contractor in the manner fixed. by the statute governing the making of such, improve
<br />r-ents.
<br />To cachsOf the conditions and stipulations of this contract, including all and .singular the provisions and
<br />terris of the plans, profile, specifications aiA resolution aforesaid, thu undersigned binds himself or itse'l$.
<br />and the r,.pective successor or assiTrs of s,r'h ra;r P�. -
<br />In Testimony Whereef t
<br />set. our }:sands Uis -Zth, day
<br />CITY. -OF SOUTH B-E �] IND IANA .
<br />BY L. B. •SIA GHTER
<br />L. P. HARDY
<br />INERT` F HONER
<br />We, the Foregoing named Parties, hereunto
<br />of lfty 1923
<br />A Its Board of Public Works.
<br />WiLLIST M CONSTRUCTION CO.
<br />BY E. A.'COATES.
<br />PZ'da4ide�t •
<br />C ol1trae tiers .
<br />CONSTR€JCTIOP{ BOND
<br />^v-0 all mca b-7 fl< za f:e;.-nts. That we..�..,...,_--- ion Co li
<br />of the County o Sta
<br />pal, and GI QbA Tod Itv COMMAY as priticl®
<br />of the County of NeW Ye_rk
<br />------- _--._.and State o#_._.-
<br />as sureties, are held and firmly bound to the City of South Bend Indiana in the sum .of., .�••~•.............
<br />-i�l------------------
<br />executors,._....�____.�
<br />for the payment o which,well an truly to be made, we jointly and severallybillndlourselves,(S6►724.09
<br />adminstrators and assigns, firmly by these presents. pttr h�lrs'
<br />The Conditions of the obligation are such that if the above named___,...___.
<br />W111lsten Construction Co.
<br />_—shall faithfully comply With the Jokqw,111 Ewfin;
<br />made and entered into the May 1923 .
<br />-----� �+h� - day of ---
<br />with
<br />with the: City of Soutb Bend, Indiana and shall fulfill alF the conditions and st pllla ®rig f �f '
<br />according to the true intent and meaning thereof, in all respects, then this ehl(galj®g to v;B1 ; 81 SEW A to be and:remain in full force and virtue in law. In the ever- the said Clty §hill f�fi f a t ��f i E
<br />completion of said work, such extension shall not in any way release the §14r@tl@§ @it fit3§ h@ll�e= This shall be a construction bond, and the sureties on the same shall #@t b@ li§ld fLR§ p maintenance and repair of the improvement after it has been accepted h l � f t 'Pa
<br />it
<br />shall be held responsible for the rul compliance writh all other l{�l@#g, §llq. i@#§
<br />covered by or set out in the contract,
<br />WITNESS our hands and seats this ��,,...._...day of ................ �Y 1w •
<br />.�.it ref -......... . . ..-- ..... 19
<br />......._..�" ...... _ �[Sllis e . construction � n
<br />B Wm. Happ Attorney �a i'al~AL) y
<br />---------------- ---------- -.............. (SEAL) - -BY E A. Coati Pres r it .
<br />The above bond approved this •-------------•---- ---------" -
<br />SLAUGHTER ...............:. mar.
<br />ALB
<br />Board of Public Worlil
<br />Attestaels- ���
<br />
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