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161
<br />Tuzsdav July 24th.,# 1923• #-im'04,
<br />.:nd to perform all work in tine prosecution of said improvement under and according to thel#erms and colt.
<br />ditions of Improvement Resolution Vo. z6opted by the Board of Public or laz .15,1923.
<br />and the plans, profile and specifications tm a in the office of the Department of Public Works, trhieh sai
<br />resolution, plans,. rofile.,and speelfrcations are made a part hereof as fully and effectually as if copied and
<br />set out herein at Tull length
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper ,
<br />skill and care ; 'ill be exercised; that he prop a• d p- otPct all excavations and dangerous places,
<br />and rbill use all due and proper precaution tc pr w,.��t inlury +o .ny person or p.10-:erty; that in the event c?f
<br />any injury or, damage resulting from the upon,- or res-11-ii- -from a~v muter or thing connected therewith or
<br />arising therefrom, to any person or property, liegw;ii nay ar^ l.icltndate the safne at his own expense, and as-
<br />sume' the liability therefor ; and in the event of any ci.at' ", or claims being made or anv action or actions being
<br />brought againsf the city by reason or on a,ccotint of or growing o*mot of said wori: or its construction, the said
<br />contractor 'it athis own expense defend the sarie, and ;rili ray any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its 6f$cets, agents or representatives from all cost,
<br />cgense, payment or 78u�act1oai8be
<br />etrtrecvednnection girl►cl. claim or �laixns, actionit
<br />ifntenags after angunthecityall notifyeontractoroftLe pendency tip eof,
<br />lien antcdgment rendegainst tice city shall be conclusive against the contractor and against the Surety
<br />An hia c struct:. . twi as totb� amount, liahilit and other• matters. ertaining ieret0.
<br />mid the e-uhlrsetor agrees tc mai.rtain said ln,i;lover,�ent and make such repairs as may be necessary fo,
<br />the 2fi66 And in the Liner. as fixed by the sp.�cifications, and to secure the maintenance and repair titemt
<br />0 M with The Board of Public 'Works a bond With sufficient surety thereon and. in an atrnbunt as fixed by ho
<br />opWkatioins, And in doing such repair work the contractor and the surety on his guarantee boud shall be
<br />Fi46jeft to tbe- §at t0 liability, to the city,and any other person for any injury or dal age to ruby portion or prop-
<br />$ rt l{t the fix t MuntAr and to the same eattent as is fixed in th-last preceding paragraph caveritig tho touw
<br />�iti tt£tlott ��t`I€, ,
<br />AM it is further fiKreed by and between said Fsrt' as that th `acceptance of the wont grovldt-d for In O
<br />f9PttaM-fa or: the p4-yuwnt therecif, shall not constitute a waiver on the part of the city -cif tiny. of the prFvis- +
<br />iwvt of t ii coatraef, nor shall it rd, ea.ic said contractor or the sureties on his, bond for the faithful perfornj_
<br />snort thtji-vof }s +l' shall tat' acceptance be prima -facie evidence of the performance of any provision of this
<br />,^.tt;,ia :fit 1,, exC f-pt tP the extmit'of entitling the contractor to the contract price therefor.
<br />`l lit? p.� M 400r Mgreea to pay for: a.11 labor and materiais used or furnished to=be used in the making of
<br />Al'tli iinpfovelli,ri!.t aid i_n the. performance of this contract, wheth,,r done or furnished for hies, or his agent
<br />RI-Rf 51ACC ;prat= or Subeon ractor , and the city may reserve out of any allowance made on any estimate
<br />ilk 14,10r of tie eontractor or t• assigns, or ont of the aniount due him or his assigns upon. the completion
<br />of t ?c ,=ciris a� n'uG lpis ma,, cessary to pay all laborers or materia-t vaen for amounts due them for
<br />Work do -no o` tiateirlals ua�G or :tirliished. to be used in the performance of this%contract and the doing of
<br />�uA `� �.`; 3 �c.3 the e.t�t?.i�t� t.--a4uCQr' a :tiiig as city treasurer, may retain mo my co1le.ted from property'
<br />for 4azrmp td imp—(?Vc tat to pay sucil�debts or until the contractor,slsoSvs that they have bceu
<br />t,l fit= rt: �i
<br />i
<br />.e ce,._ r ua.e to remc, a;i xt{ '_ia:�, earth. and laviq�.od vmw�atli ilk 1 t gtpeet3 ST iljj�% therinj
<br />tip" the completion of the iriprovcmn nt or the reparving *'h"e
<br />The work of making such improvement shall be eotuAtttit li l t % A% lfmk V4 JV1 ef
<br />before the..
<br />artless the time for the completion of the same shall be oxt"pd�� itt wt`ltii'� �� t�aT4'R ff I ON% .i4
<br />And it is agreed that any such extension of time, or my eltere±lail
<br />od of doing such work shall in no way affect the duties, obllx#lIoris t)f 11atf11itim fit: t MA "m
<br />ties. .
<br />. It isagreed that the contractor shall not Rssign this er�t trget, @r suh-ltt the.yM of ply PA14 thmet to
<br />be done hereunder, without the written col:;, mt of the Board of P0411v Works,
<br />It is further agreed and stipula-eii *hot +?ie contractor shall give to realdeite of oidd a ty mid e9wi y
<br />preference in the employm-nt of all labor necessary in the mriormanot of this wtitrut, mad ltliih1t to do goo
<br />phall forfeit to the city the sum of ten dollars for each failure to observe this stipglfidaftf
<br />And uppon the performance of all the terms and conditions of this contract, and thing t6 be dam@ hhd
<br />ferformed by said contractor the said city agrees to cause the cast of doing such Work to bt ht @994 td1=
<br />ected and paid to said contractor in the manner fixed by the statute g&vtrniiX tht Making of Suaft 11fi ftO t&
<br />yn�nts.
<br />To reeh of the Conditions and stipulations of this contract. including sill and tlrx blot the pf�#fleltr g€�
<br />tsna of the plans, profile, specifications and resolution aioressid, tttQ tolsatdgbi ll bifiWi Of fit
<br />imd the xwpective successor or assigzis. of such -parties.
<br />In Testimony Whereof, We, the forego1»g named parties, hereunto
<br />set our hands this 23rd . of July 1923,,E
<br />_..HITCOMB & KELLER
<br />CITY OF SOUTH BEND, INDIANA. KEL.LER, Pres,
<br />BY L. B. SLAUGHTER Cntrae6er,
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Its Beard of PUblie Works.
<br />CONSTRUCTION BOND ,
<br />ti ire is'0=t96 That we_.._-___ni
<br />St+. Jo �� Inciiatu►ij=
<br />1 =ii1� Cop cit of:::- -: t State
<br />;h� 1 s �1 Surf ty ,Ce.pagy
<br />..�.-.........« ..1.
<br />of the County e; -- and State
<br />§ §'tlf@g@§t gf@ h@ld and firr4ly bound to the City of South Bend, Indians, In The ism st _ d
<br />hundred fifer one -..w.. r_...._,._.,...,_�_.._..___ i i 1,25�
<br />_ i tlt@ p;>leat ®t which, 14
<br />tell anal truly to be made, we jointly and Kits b1t e `
<br />?t4 f adll_nstra>:rs and a+ngns, .firmly by these presents,
<br />f �� Ana of the abligation are such that if the above flamed .....�,� z
<br />faithfully comply with the foregoing eontraeto
<br />made and entered into the-...---25�c_ day of July_ 1g2-®
<br />with the City of South Ber_d, Indiana and shall fulfill alp the conditions and stipulations therein contained,
<br />accolyding to the true intent and mea-iing thereof, in all respects, then this obligation to be vdid, otherwise
<br />to be and remain in full force and virtue in law. in the 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 faitl*{ul compliance with all other conditions, stipulations and requireme"ts
<br />evvered by or set out in the contract.
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