Tuesday December l2jth.,1922:. Continued
<br />t=:;)a :lie co,_Tra6 ox agrees -w ii.a; ;=sin saiu iL , .o ai:ent a .a ,_;ale such repairs as may be necessary foi
<br />the�per od atad in thetzxa;.ner as fixed by the specifications, and to secure the maintenance and repair thereof
<br />to ;file with 6e Board of Public Works a bond v ith 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 sarrc liability to the city and any other person, for any injury or damage to any pers,)n or prop-
<br />erty inthe same manner and to the same extent as is fixed in the last preceding paragraph covering the con,-
<br />structton work.
<br />And it is further agreed by and between said part�.es that the acceptance of the.work provided for in this
<br />contract, or the payment thereof, shall not co .stitute a waiver on the part of the city, of any of the provis*
<br />loos of this contract, nor shall it rzlea ie said ccntr ctor dr the sureties oit his bond for the faithful perfprm-
<br />a.tice 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 pri"ce therefor.
<br />'The contractor agrees to pay. for all labor and materials used or furnished to be used in the making of
<br />such improvenie:tt and in the performance of this contract; whether done or furnished for him, or his a:gtnt,
<br />assignee, auccessor. or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or 1`� assigns, or out of the aniount due him or his assigns upon the completion
<br />of -the work, so much as mat cessary to pay all laborers or material men, for amounts due thein for.
<br />work stone or materials used or "urnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city .treasurer, may retain mi�nt:y collc:;ted from property,
<br />owners assessed -for said improvement to pay such debts or until the contractor sows that they hate been
<br />paid or satisfied _
<br />earth. and unused material in the streets or sides tltereot
<br />aeon the co:r'ple,; za of -the improvetn at or the repairing thereof. -
<br />The work of making such improvement shall be completed according to the terms of this contract on ov,
<br />before the------------------i------------------•-•- -------------dav of 9......
<br />ur. ess the time for the completion of the sar-e shall be extended in w=_ti.:g by the. Board of Public`Worlps,
<br />And it is agreed that any such extenGion of time, or any alteration' of this. -contract or of the mariner 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 ��,r act, or sub -let the work or any part thereof to
<br />be done hereunder, wifhotlf'the writ. -en co-.:: t�:t of the fs.,a.rd cf Prhlic Works.
<br />It is furth4gr agreed and stipula`ed t'tt *'-3? contractor shall ,give to' resMgnts of 'said eity and cotl;r+y
<br />preference in the employm -bt of all labor necessary in the performance of this contract, and'failing to it-) soy'
<br />shall forfeit to the city the"o..am 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 aijd
<br />performed by said contractor the said city agrees to cause 4i1 cost of doing such work to be ass sscd, col
<br />lected and paid to said contractor in the manner fixed 6V the statute governing the. making of such improve-
<br />Le:zts.
<br />To each of the conditions and stipulations of this ontract, including all and singular the. provisions and
<br />terr,is of the plans, profiie, specification and resoluti aforesaid,.tho undersigned bIhids hiinself bi- it c
<br />and the r=r• pective successor or assi„',=s of such pa t ee.
<br />In Testimony Whereof, We, the foregoing hawed parties,
<br />hereunto set our hands this 12tho day of December 1922o
<br />XHITCOMB & KELLER
<br />.CITY OF SOUTH BEND, INDIANA. BY F W. KELLER, Pres.
<br />BY L. B. SLAUGHTER Contractor
<br />L. P.-HARDY
<br />ALBERT F. HONER
<br />Its Board of Public Works,
<br />CON57MUC. T ION BOND
<br />nc,�v 03 r L7' tltc o That we ............... h1. tin I L2"
<br />of ilte County of...�...............•---------£s#t: - jogs Ph, State of.......,. •��# �w„«.,� ��� fig pawl. —
<br />pal, rmd ........ ..Sx demnit�y T�r�. r n�a �C4 i �
<br />of tits County of... .... .... .-...... __....W. __._------_..__ end State of...»..
<br />n§ §uretles, are held and firmly bound to the City of South Bend, Indiana.; in *0 sttm
<br />-.----lira ]I►ln �N������ - w +A�� .w.-. �. �. WN 6 -
<br />for the payment of which, well and truly to be made, we jointly and sev*&Ilk toad cl�r�stvse, � � �:.:=t
<br />sy,mutors, admihstrators and assigns, firmly by these presente. '
<br />The conditions of the obligation are such that if tho above name
<br />_..shalt faith.uliy col-u sly With tixe iokegolttg tolAtlr@@tj
<br />made and entered into the__--•-------r__siX1.11----- -_----_.
<br />with the City of South Bere, Median? and shall fulfill air the conditions and stipulationa thsreln @otnt&ifl4
<br />according to the true intent and tnea�i r:g th eof; in all resp-.ts, then this obligation to be void:, othdrwi§@
<br />to be and remain in full force and virtue in law. In the eve; , the said City shall extend the dfdd f®r the
<br />completion of said work, such extension shall not in any release the sureties on thin hand,
<br />This shall be a construction, bond, and the sure `ies on the same shall. not be held: respon§ihld Mr th@
<br />maintenance and repair of the improvement after it has been accepted by the second peaty, but §ueh
<br />shall be held responsible for the faithful compliance with all other conditions, stipulation§ and r@ejulrsfff@fit@
<br />covered by or set out in .the contract,
<br />WITNESS our hands and seals tlt►s,�eceSilb @r 1922.
<br />WH.TCMa-&—KELLEB ............................SSE 1L) I . I_ ' R CO. _OF fw . :.
<br />N RTH DA
<br />BY F. W: KELLEB Pros . w_..Uo 9t- -i.d+ s At Larney,� " fv to
<br />The above bond approved this .... ..........-121ph ---..,.....,...�v_ ci=_.,.,_.,...�.....De e.emb er I. Q ......:
<br />- ,�....._. Ii• B . SI,AU GHTEP. -
<br />L. P. HARDY
<br />Board of Public *orl*
<br />
|