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ntinued:, <br />"il u sue cor:crat— ol ci.grees s az; z •�-`. •.. <br />the period, and in the manner as fixed by the specifications, and to secure the niaintermude and repair tk , <br />to file with the Board of Public 'Works a bond with sufficient surety thereon and in a amount as fixed by 01 <br />specifications. And in doing such repair work the'contractor and. the surety on his ugrantee bond shall b€ <br />subject to the same lia6ility;to the city and any other person for ally.injury or damag to any person or prop- <br />erty in the same manner anti to the same extent as is fixed in the last preceding par raph covering the con- <br />struction work. <br />And it is further agreed by and between said rarti:es that the acceptance of the work rovided for d thie <br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis- <br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the .faithful perform- <br />ance tliereof. 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 there€or. <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 trade on sny estimate <br />in favor of the contractor or 1 % 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 lavore,s or nfateriw men for amount$ due 'them for <br />-work done or materials use or , urnished to be used in the performance_ of this Contract and the doing of <br />said wort;, and the county trcasLirer, acting as city treasurer, ma retain money colle'!ted from property <br />owners assessed for said improvement to pay such debts or until tic contractor shows thst they hoo bper <br />Paid ar satisfied <br />cc, . - , a. to reauu - a 11 ru�'`isl�, earth. and un,,! tOd a>i3rsteria# #it t 8t>P@e 8 91�t3 �th4� <br />upon the completion of the improvement or the repairing thereof. <br />The work of making such improvement shall be completed according ft thq tt►rms,6f! fh1j <br />before ihe,. t} �d <br />unless the time for the completion of the sar day extended <br />,�s..,....,.n.,��••, e com leti �e shall be extended in v1Frt{. b ""`•"`- '� <br />And it is agreed that any such extension of time. or any alters*ion of this ti� tm tho of thl fnalilitp OF <br />Od Of doing such work shall in no way affect the duties <br />ties, , obliAatiovs or liabilities ofthe e61i Y&@l6r op#8 8li E. <br />It is agreed that the contractor shall not assign this e r,r tract, or �11b-let the work or any part thereof to <br />be done hereunder, withot,t the writi en o ;.,nt of the Board `,c 1 ;•1>I;c Works, It is further agreed and stipula*ed *hat t'4e contractor shall <br />preference in the employment of all labor necessary give to residents a said failing <br />and etfo sop <br />ssar in the nerfnrms,rce of this contract. acid fatliftg to do sop <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 :dotie and <br />pperformed by said contractor the said city agrees to cause the cost of doing such work to be assessed, cot- <br />. $xtsi paid to said contractor in the manner fixed by the statute governing the making of much Im roves <br />suents. p <br />.To each of the conditions and stipulations of this contract,. including all and singular the prd+riglons stiff <br />terms" of the plans, profile, specifications and resolution aioresaid, this undersigned binds Winsmlf or Itself <br />And the rswpective successor or ass:zns of such nart:es. <br />In TestAmony Whereof, Wet the foregoing need parties <br />hereunto set, our bands this 16th, day of July 1923. <br />�IIGHWAYS MATERIALS CO. <br />Goo* A. Harrop . Treas. <br />Contractor. <br />CITY OF SOUTH BEND, INDIANA <br />BY L. B. SLAUGHTER <br />L. P. HARDY <br />ALBERT F. HONER <br />Its Board of Public Works <br />CONSTRUC-11ON BOND <br />By <br />;4: v a'1 =Tn lr-7 dhtse pr ts. That ........ ............... <br />--_-_.._, State pf ..__.__ T1g� i �> <br />the Cou-ity of---- . 1e.. �T��Q L. --- _ ._. ....��......, as princt- <br />------------_--FId eIit,}t_�n tlenAai j, _Cp L.-tli--�d2'ryl and ................... <br />pa.l and .---------.. <br />of the County of--_----.--_.____ _ .__ and State of_.. yland------------»� <br />as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of- FOUL htusdred <br />418.00 }. <br />-for the payment of which, well and truly to be made, we jointly and severally hind ourselves, our heirs, <br />executors, adminstrators and assigns, firmly by these presents. <br />The conditions of -the obligation are -such 'that if tl4labove named-- ------- <br />"-'--^Hisbys. 1.6-t-*i3-.1 -0iCiS .1 11ali:;`,t: :j •tia:Y? i i".'.Itt1 t21@ foie'tdlrig CoiiiYaCi, <br />made and entered into the__.. daJ of --- _---- ._--._- ,,»»».-,......„...... , 19.__...., <br />with the City of South Bend, Indian? and shall f ,1+. 1l alf th--onditions and stipulations therein contained, <br />according to the true intent andr*iea...rg Ehs=eof, �11 re _ts, then this -)bligatian to be void, otherwise <br />to be and remain in full iorce and virtue in law. In -lie eve_., the said City- shall extend the time for the <br />completion of said work, such extension shall not in any way release the sureties on this bond. <br />This shall be a construction bond, and the sureties on the same shall not be held responsible for the <br />maintenance and repair of the improvement after it has been accepted by the second party, but such sureties <br />shall be held responsible for the faith{ul compliance with all other conditions, stipulations and requirements <br />covered by or set out in the contract.- <br />,l3 tAis .-.:.,,,,,�.6t�t� day 34..::::::: 1 <br />Fide Ii1, b 6TA " b Jay lg2: <br />HIGHWAYS MATERIAL6 ,CO. ............... <br />Attorney in fact, t�0: �:' $ARKOF' firec,s., <br />_..... ....... .................. ....; = <br />The above bond• approved this,-.,.._.... e...........day of..,......,.iT�i.�,.i�_ <br />