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505
<br />Ad-`� 1.2
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<br />And the contractor agrees to maintain said improvem6it aft� 4, kbuckf.00d.r§ 4iA tbe ssarji io.
<br />�fie period and in the manner as fixed by the specifications; aridito sec re �&'Jna�tnt(qionce and ie6air thereof
<br />to file with the. Board of Public Works a bond with sufficient su et thereon ar14 ilh'ati amount 'ap fined by the
<br />specifications.' And in doing such repair work the contractor and the, 6: kety on his kuamntee' bond 'shall be
<br />subject to the sane liability to the city and any other person for an +njury or days age to Any pers, 'ft or prop-
<br />erty in the same manner and to the same extent as is fixed in the' last preceding paragraph covering
<br />p cove fig the con-
<br />struction work. ,
<br />And it is further agreed by and between said r. art`-.2s 'that the acceptance of the workprovided 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 />ionsi of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform-
<br />ance thereof; nor shall the acceptance be prima facie evidence of the perfori-riance 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 materials used or furnished to be used In the making i of
<br />.
<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 />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 ma,. cessary to pay all laborers or material men for `amounts due them for
<br />work done or m aterials used or furnished to be used in the performance of this contract and the doing of
<br />J
<br />said work, 'and, thC X.O'Anty 411ela$trrer; eCtIngr as city tre<�surer, inay retain ` nidney c6ilecied from property
<br />owners assessed for, said improvernerit to pay such debts or unTil the'contractor shows that they have been
<br />paid or satisfied . . . . .
<br />- a
<br />aoi-it:ao-t K;(�!�-s to remw-�4 all rubNsh, eartunused. and unused material in the streets or sides thereat
<br />VON th# 'CoMpUtion of the 1MFr0vCm-,At or the repairing thereof.
<br />`the work of MSMIT19 slich improvement
<br />shall be completed according ccording to the terms of this conireet on or
<br />......................
<br />..... ; ........ ---------------day of
<br />14VIOM the. time for the corap ----------------------------------------------19 ........ .
<br />And it is agreed that any such 0' -------------------
<br />. letion of the same shall be extended in writing by the Board of Public Works.
<br />Xtewtion of tim,!,
<br />Or any alteraf;on of this contract or of the manner or meth-
<br />Qd of doing § uch work 'shall in no way affect the. duties, '
<br />obligatibris or liabilities of the
<br />ties, contractor or his,suret-
<br />it I@ agreed that the contractor shall not assign this_,,�ev-rar
<br />Z:1 or sub -let the Work or any part thereof to
<br />be done hereunder, withovt the writ t
<br />,en co:_ Of the Board of PlIblic Works.
<br />It Is further agreed and stipulated tl'�t �'
<br />contractor shall give to residents of said city and county
<br />preference in the employment of all labor necessary in the performance of,this contract, and failing
<br />shall forfeit to the city the'sum 'of ten dollars 'to do so,
<br />for each failure to observe this stipulation.. , %
<br />And upon the performance of all the
<br />terms and conditions of this contract, and things to be done and
<br />performed by laid contractor the said city
<br />agrees to cause the cost of doing such work to be assessed, col-
<br />lsaents.actod and paid to said contractor in the manner fixed by the statute
<br />governing the making of such improve.
<br />To each of the conditions and Stipulations of this contract, including all and singular the provisions and
<br />terns of the plans, profile, specificatior.,3 and resolution
<br />aforesaid, the undersigned binds himself or itself,
<br />and the rcQpective successor or assigns of such vartie.s.
<br />In Testimog Whereof t We the foregolng naMed parties, hereunto
<br />1921.
<br />set our hands this 1 h. day 0 June
<br />BRUNO DE. PEAPE
<br />CITY OF SOUTH BEND, INDIANA* Contractor.
<br />by A. ELLIOTT
<br />I. ROSTISER
<br />Board of Public Works.
<br />ItsF.
<br />CONSTRUCTION BOND
<br />I, Brunt,,De eape VCC _aft. That Wf-___ ..............................
<br />,of the County of St _- J0138ph State of.-.. 0 Tnd11&i3A..__.._--_.....9 as prined,
<br />Pal, and The United States Fidelitg GUakt-ail om C ? 4 . .. . ...... .. .... . .. . ...........................
<br />5.1
<br />of the County o-BI t I Mare______ and- Ste
<br />---# Lend ...............................
<br />as sureties, are held and firmly bound to the City of South Bend, ,j i the sum of ......................................
<br />9 r --------
<br />One Tho-q A ---- �.,4 - - ------- ....... . ....... Dollarl ($ 19 724. Oq,
<br />for.thepayment of which, well and truly to be made, we jointly :and severally bind ourselves, our hclrp4
<br />executors, adminstrators and assigns, firmly by these prese;its.'
<br />The conditions of the obligation are such that if the above
<br />1gri-Ins nol shall faithfully comply with the foregoing coub-rim,
<br />--------- - -- JU32
<br />made and entered into ------ day of...-- 0_2921 . .... . .................. 19 .........
<br />City South Bend, Indiana, fulfill alFthe conditions and stipulations therein contained,
<br />with the of and shall
<br />according to the true intent and meawng thereof, in all respects, then this obligation to be void, otherwise
<br />to be and remain in full force and virtue in law. In the event 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 />rul
<br />shall be held responsible for the fait' compliance with all other conditions, stipulations and requirements
<br />covered by or set out in the contract.
<br />,yM
<br />`L f'NESS o-Luc hands and seals this_-.___-- 1.6tJb_,______.day of_--_-----.
<br />BRUN-O-ZEEMP9 --------- (s 1�,/\ I,/
<br />UNITED STATES FIDELITY & GU"XNTY CO.
<br />(Sy ___-L) --------- - -- ----- __ '
<br />— ------ — - ----- - — ----- I-..----:--------- - -
<br />L*E 9 RItTri Atty* ih J fast.
<br />above bond approved this ........ 22AAA -------- - -- --- ----- 9210?.
<br />H. F. ROSTISER
<br />
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