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167
<br />i-fy Frei
<br />44. to perforrsa a work in the prosecution of- said improvement under and accordinW t© tho term* ok n*
<br />410 Isepray ent Resolution No. adopted by the Board of Fublic �Ioirks,weeeueewewew,eee eeewew
<br />and ths pletsf, pro4loond specifications on file in the office of the Depa. tuaent of Publie Works, which ssi�
<br />rpiqohiflc%f ptfftr', pr®filt and specifications -are made apart hereof as fully and effectually as It copied anti
<br />M otlt lserein A full length,
<br />Con
<br />trSetor further expressly covenants and agra s that in the prosecution of said W01k 01 pi`optr
<br />Aiii 4114 Care-Il'.l:be exercilsed tl, t he =;t o�A � .. ,
<br />. F ���^ all excavations ard dangezotts plfse,�s
<br />A"fid -/M ugo 01 due €zrI pre; „t,on to -y person or, 1 rt, r, tt,:tt i't "l.11 Minot q
<br />o I*ry or slam le resulting from t' e .Fr or r-'i'i�� fr,)n .:; V -,- tt a• or thin '-!onr —ted thnre,10ri of
<br />�l AIR thOrOfrom, to any pars, � 4)r n_oper y, he h�.
<br />11 nav a.,,y _:idat. th s,.me P± , is own expe rilti, a,tid �li-
<br />mufria 1he liability therefor,.and in the:eve, t of any e'a_m or claims bAing made or any -action or act'ona bpi:,
<br />bffj4l,qht; against the city by reason or on _^�comtt of or grot=,ding out of s- ;d r7or1, or its con^traction, t1t, F
<br />00lltfa40f will at his 0Vn expense defend the same, and ,-,ill pay any judgment recovered therein, and vjV1 in
<br />Mt YaaPOGti-fully indemnify and save harmless said city, its officers, agents or representatives from all vf7il1-
<br />e@t ansa, pa 'inant or' judgment recovered in Connection f rich sash claim or claims, action or aGtidits, And ;
<br />Within ten dRys after any such action isbegun, the city shall notify the contractor of the pan 4ency th(r- 4'
<br />t'it�.li city f ud ment rendered against the city shall be conclusive against the contractor and against the sarrty
<br />oii hfm colistiaction bond, as 0 tl� mount, liability and other matters pertaining thereto,
<br />�: cog i•:4i fr.�els. v�6`l.v cii bf.�r''�?,b av' � c.. ax ..e:sa� l�ii, iA Jt 1 - I "-. .
<br />the per,od acid in the ma.xncras fixed by the sn�ci`ica:iota., and to sec -re I-Ae maincetlanc,e a,,c[vx parr t
<br />to file with t'te Board of Public Works a bond s,,th sufficient surety thereon a.rid in an atitojiit a�
<br />s1 eifcations, And in doing such repair worn- the contractor and the surety on kris ee �c�sir� v , ai
<br />Subject to the sar.-ie liability to the city and any other person for any injrry or 6,sAs(t1'c to t,.ny lamer` _, o w_,
<br />erty in the same manner,and to the same extent as is fixed in the last precedhig ps,I'*isvdph`toverua hip r i;
<br />struction work..
<br />And it is further agreed by and between said parties that the acceptance of the work rovided for k tl,kfi
<br />contract, or the payment thereof, shall not constitute a waiver on the prat of tbe`czt}' o trt}y t�f tl�� pi�A,5:,
<br />ions of this contract, nor shall it release said contractor or the sureties oil leis bond for the faitiifgl perfo�,;',
<br />aside thereof;' nor .shall the acceptance be prima facie evidence of the perforniarice of city pro Aatoil At 0-111
<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 qmking of
<br />such improvement and in the performance of this contract, whether done or furnished. for lsirri, or hip age iq
<br />assignee, successor or subcontractor ; and the city may reserve out of any allowance reaR& on imy ePthwato
<br />in favor of the contractor or ? =- 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 laborers or material men for amounts due them for
<br />work done or materials use'a of �urnished to be used in the performance of this contract and the doing of
<br />said worse, and the county treasurer, acting as city treasurer, may retain motley Co kAted from prgpt_,r y
<br />owners .assessed for said improvement to pay such debts or umil tljrs coiatr actor 0howe that they k1av4 been
<br />paid or satisfied
<br />all ru _ =sa, earth, and urmsed material in the streets or sides thcroof
<br />ul cn the co„>> 'r :, c ` the impro-enicat or the repairing thereof.
<br />The Esrork of .rrialrin; such irYrprov^ment shall be completed according to the terms of this contract on or
<br />h: fore the ....... ......._.-.:._._......................................... ------ -----------day of -------- :--------------------------------------------------- ... 19..........I
<br />ur.'Fss the time for the cor plet;on of the same shall be extended in writ;-:i by the Board of Public_ Works,
<br />A :d it is agreed that any such ,extension of tit-,e, or any alteration of this ccr!tract or of the manner 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 contrac-or shall rot :�.ssi- this coiltraet, or srb-let the work or any part thereof to
<br />be done hereunder, witho;it the .=i' en co__- nt of the Board of P:iblic Works.
<br />It is further agreed 01!�- contractor shall o,:ve to'residents of said -city and county
<br />preference in the employm: nt of all labor i cessary inthe nerforma.nce of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failTue to observe this stipulation.
<br />And upon the performance of all the terms and conditions of .this contract, and things to be done and
<br />Oerformed by said contractor the said city agrees to cause the cost of doing such world to be assessed, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing' -the making of such improve-
<br />ments.
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds hiii,iself or it,r:-elf,.
<br />and the respective successor or assicr:s of such Da.rties"
<br />In Testimony Whereof, We, the foregoing named parties, hereunto
<br />set our hands, thJs 3rd.,day of September 19L9.
<br />CITY OF SOUTH BEND, IND IANA. H. N. BARNES
<br />BY G. A. ELLIOTT Contractor.
<br />H. ' F. ROSTISER
<br />JOHN F. DEHAVEN
<br />Its Board of PubLic Works.
<br />CONSTRUCTION BOND..
<br />Know all mesa by these presents That we Harry N. Barnes, of the
<br />County of St. Joseph, Sts-to of Indiana, as prixicipa 1 and Charles Susbedissex and J. A.
<br />Barnes of the County of St. Joseph State of India ;via as sureties, are held aaad firmly
<br />b ouxd to the City of South Bend, Indiana, in the Isum of Four Hundred&xtd ninety two
<br />Dollars ($49L.00) for the payment of which, well Viand truly to be made, we jw.intly and
<br />severally bind ourssely as, our heirs, exeeutors, edmimistrators and assigns, firmly and
<br />by these presents.
<br />The conditions of the ©b1 igt iox are such that if the above xe,r.!e d
<br />Harry N. Barnes shall faithfully comply with the iferogoing contract, made a -ad entered
<br />Into the 3rd. day of Septemberl$l9 with the City of South Bend, India,r.,a, and sh&]L
<br />fulft 1 all the conditions and satipabations therein coritai;a.ed,, according to the true
<br />ixtont and mean-ig thereof, in all respects, then this obligation to be void, otherwise
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