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ith. . 10222. Continued. . I
<br />Aud to porform all work In the prosecution of said improvement under and according to the terns w 4 wn�
<br />ditions of Improvinpant iasohition No. .9.5.4. . . .............. adopted by the Board of Public- Work,-.. mare )a 20th. 1922.
<br />and the P16ftA, proffle D,nd specifications onfile n the office of the Department of Public Works,_w_b_ich- ... said- '
<br />rom5lution"Plaill, rofilt and specifications are made a part hereof as fully and effectually as if copied and
<br />set out heroin at Full length,
<br />The contractor further exprearly covenants ard agr;-s that in the prosecution of said work all proper
<br />6111 and care 111 he eyPrc!s;vJ tb.-t he . -"I all exmvat -ions and dangerous places,
<br />and will use all due and prooptr to -.r1r percon or p` rf-y; that in tfie event Qf
<br />ag Injury or darnal go resulting rnrn th,, i�), r%r ri-, ,) frrn n~y Tt,_rf - or th;,nv '66nr-cted therewith or
<br />fir lifif therefrom, f*o any pert;o-i or property,lrl,� 1�11 n!�Vl -,�i 1;r--.-idate th4t same at his own expense, and as -
<br />SUM he liability therefor; and in the event of any rJain or cla;zns being
<br />*- made or anv action or actions being
<br />i Z,
<br />brotAght againat the city by reason or on account of or groinng out of end work or its construction, the said
<br />contractor will at his own expense defend the same, and wiil pay any Judgment recovered therein, and will in
<br />all respoets fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expaut, pa meat or judgment recovered in connection with such claim or claim,',, action or actions' And if
<br />wilthiti ten days after any such action is begun, the city shall notify the contractor of the pendencythereof,
<br />thw any judgment 4,tred against the city shall be conclusive against the contractor and against the surety
<br />an kit wattrtctiea bek4 " w th- ammiat, li&bil*y and other matters pertaining thereto.
<br />And the contractor agreez to m aintain said improveinent and make such repairs as may be necessary to:
<br />the period and id the manner as fixed by the s eations, and to secure the maintepance and repair thereof
<br />to file with the Board of Public Works a bond' with sufficient surety thereon and in an amount a; fixed by the
<br />specifications. And in doing such repair work th6 contractor and the surety on hi's guarantee bond shall be
<br />subject to the saa�ie liability to the city and any o*.er persot for any injury or damage to any persem or prop-
<br />erty in the same manner and to the same evztetat as is fixed is the last preceding -paragraph covering the con-
<br />struction work,
<br />Azad it is further, agreed by anii between said part"'tbat tine acceptance of the work provided for in this
<br />contract, or the payment ther(aof, shall not ccrnsi4tutc ;i waiver on the part of the city of any of the provis-
<br />iOlis Qf this contract, nor shall it release said contractor or the sureties oia his bond for the. faithful perform -
<br />¬ thtweof; nar shall the accr-ptance be prima hLcie eviaence of the perforrnance of any proyision of this
<br />contract, except tp the extent of entitling the cook-&ctor'to the contract price therefor.
<br />The contractor agrees to pay for all labor and materialsusedor furniAed to be used in the making of
<br />such 'improvernetA and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor z and the city may reserve out of any allowane'e made on any estimate
<br />in favor of the contractor or 1c i assigns, or out of the amount ine him or leis assigns upon the completion
<br />of the work, so rhuch as ma.l cessary to pay all laborers or material z men for - amoa- nts due them for
<br />work done or n�ateriials used orA`.uriiished to be aced ire the perform'aace- of this contract and the doing of
<br />said work, and the county treasurer, acting as city Ireasurer, wAit retain money coluted from property
<br />owners assessed for said improvement to pay such debts or ufwj the %kows tkat *ey have been
<br />paid or satisfied'
<br />agre-eu to Fvrffoall rub5izh, earth. and tm-x!Sed mat6riafi% ftlwe Streets or srSea tzzz�
<br />thf` imPfOVIMIQDt Or th> re -pairing thereof.
<br />The w9fk of ft-IfAking §114 improvement 6hall be cornpjetei accorwing to the tc-m:s off cr<Aramt on W
<br />,4r_J04iV- the ... ... .....day of ... ................. ------------------------------------------- -- 1 19....
<br />410W,T; fifid Omie lor flit to 1
<br />, PIV-�fl*v Of the Sal1- t 1111-fil" �1 6� extended in writio-g- by -ftc- Board of Public Works,
<br />,Aq it i6 ifgffod fho pny - 0-vidwilon of time, or ariv alte -
<br />6 0 , gtA ra�ion of this coptract or of 'the manner or meth-
<br />, - tit &ftg bi h of AAll in tiO way affect the duties, Obligations or liabilities of the contractor or his sure-
<br />dgl-&A filitt +hr not nssign thi- or r-irt. Or Stib-let the work err any part thereof to
<br />- flt�tw&f, WfthcjoA.z vvrllvet .,.J). oPzc Works.
<br />It 10 Mrtk.,jr dgi,tyd and 441,3t vt c-ontractor shall gi�,e to residents of said city and crtmty
<br />'JtJJt_t in the ftuployfrl-t of !14 labor ri»C-2&aary in the. Performance of this contract, and failing to dog so,
<br />Shull furfrk to the city the sum of bpn dollars for each failure to observe thisstipulation.,
<br />Arid iAljon thde performance of all the terms and conditions of this contract, and things to be done and
<br />Ioniol-i t4 by said tantrataur the gaid city agrees to cause the cost OF doThg such work to be assessed, col-
<br />diArkI tiiJ paiii to said czatractur In tkie mantier fixed by the statute governing the making of such improve -
<br />'fit, eack of the teMiti4fit and gtiptilAti4as of this contract, including all and singular the sions and
<br />bow T', -of the plant, profile, apetifitatiot% and resolution af*resaid, tintL_* reigned i5inds hZ11reow or its*lf.
<br />I
<br />'or aamt�%of a-_ich turtles.
<br />IN TESTIMONY WHEREOF, We the foregoing named parties, hereunto
<br />set our hands this 12th, day of June 1922. ,
<br />CITY OF SOUTH BEND INDIANA THE WHITE CONSTRUCTION CO.
<br />BY L. B. SLAU6ATER H; B. DETWEILER, Secy.
<br />Contractor.
<br />AILI-37R, T . F . -HONER .
<br />its Board df Public Works.
<br />CGIIZSTRUCTVOIN F40ND
<br />-.tz, That we ............ ....... TIM ... WaTM ...... It X TTO
<br />ME
<br />of L ------------ - --- - --y'st4te of. ..
<br />and �Ttl_LAS_UALTY ---COANY _. Baltimore Md
<br />of the County of....._...-.------------------------------------------- — -------- and State
<br />ae sure -ties, are held and firmly bound to the City of South Bend, Indiana, in the gum
<br />Five thousand seven hundred fourteen-- ------
<br />...payment ..."'__o_,f .....which,------ ------ w__e__1_1 ---- and d- ---- t_r_u_1_y___to --- - ---- - M 5 714 QQ,
<br />for the I e - iointIT and oevemfly bind
<br />tx_.tcutors, adminstraturs and assigns, ffirmtly by these,.presents,
<br />The conditions of the obligation are such that if the above jtm� ....
<br />-ompany--sh" faithfully comply with the foregoing contmot,
<br />made and enterei into -- — ------- day of -19.........
<br />Indian, -------------- --------
<br />with the City of South Bend. India. and shall fulfill alf the conditions and Stipulations therein contained,
<br />according to the true intent and mea:iing tbereof'in all respects, then this obligation to be void, otherwise
<br />to be and remain in fall force and virtu-, in law.. � In the even-
<br />the:sad City shall extend the time for the
<br />completion of said work, such extension shall riot in any, e way release the.,sureties '8fi ihis'bond.
<br />This shall be a construction . bond, and the sureties. on. the same shall not he held it-iponsible for the
<br />-:
<br />maintenance And repair of the improvement,enf, after it has been acceped,6y the second party, but such sureties
<br />t
<br />skall be held responsible for the f ait'- f ul `co.apli Inc, I n with all other conclitiqms, qtip4l*#oft5 and requremarits
<br />covered lby or set out in 6t.c contract.
<br />
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