11/05/1919 Board of Public Works Minutes

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273 A..; ,gj fjxt� ag-rt;C-ai .e., iti._ 'r::�"�.t S", :., i the- pe4od and in the maimer as fixed by the anu to Lie ruainteaaace and repair th r to he .iie vAth 6e Board of Public Works a bond x-;Ah sufficient surety thereon and in an av ount as famed by `b sl;(cificatiotrs, And in doing such repair stork the contractor and the surety on his guarantee bond shrtli be s►)bjt# to the same liability to the city and any other person for any injury or darriage to any perF, .a or p$uj- etty in the same manner and to the same extent as is fixed in the last preceding paragraph Tvering the co-- stl nctimi work. And it is further agreed by and between said parties that the acceptance of the works provided for to tHs contract, or the payment th reof, shall not constitute a. waiver on the part of the city of any of the provis- jogs of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform- ance thereof; nor shall the acceptance be prima facie evidence of the performance of any_provision of this contract except to the:. extent -of entitling the contractor to the contract price therefor. - The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such improvement and in 'the performance of this contract, whether done or furnished for him, a his agent, assi'gneer successor or subcontractor: and the city may reserve oat of any allowance made on any estimate in favor of the contractor or ' assign&, or out of the amount Niue. him or his assigns upon the completion of the work, so mucks as ma_ cessary to pay all laborers or materiai then for amounts due them for work done or materials use4 Lr .urnisbed- to he used in the performance of this contract and the doing of said work, and ,tile county treasurer, acting as city treasurer, may retain money eolle1ted from property owners assessed for said improvement to pay such debts or ua)a+l the co))tra.eior shows that they haye been .p. td or sntisfied ` :ie co.;t_-a--c:! agrees to remo-..; all ruY:,i n, earr.h,: and un+nsed material in the streets or rides tsae.c5i upon the completion of the improvemc nt or the repairing thereof. The work of making such improvement shall be completed according. to the terms of this contract on ov beforethe .............................. _....---------------.--------------- .....day of------ ............. o ....................................................... 19.........., unless the time for the completion of the sane shall be extended in writing by the Board pf Public Works, And it is agreed that any such extension of time, or any alteration of this contract or of the manner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties. It is agreed that the contractor shall not ?.ssign this contract, or sub -let the work or ar(y part thereof to be done hereunder, witorlt the writ en co::;; - t of the Board of Pul-Aic Works. - It 4 further agreed a :d stipula�-,A that "o- contractor shall give to residents°of said city and county preferegce in the employniont of all labor .necessary in the nerforma.nce of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performanc> of ail the terms, and conditions of this contract, and things to be done and performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improve- ments. To each of the conditions and stipulations of this contract, including all and singular the provisions and terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds hi.,.� ,r l f or itsr if. a.nd' the respective successor or assi�ys of sti b IN TES T IMONY WHERE OF, We , the f oreg oung named part ies , hereunt e set our hands this %th. day of November 1919 CITY OF SOUTH BEND, IND TAN.A. B G. A. ELLIOTT HARVEY F. ROSTISER JOHN F. DR -HAVEN Its B o&rd of Pub 1 is Works Q CONSTRUCTION BOND. HARRY N. BARNES Contractor. - . KNow all meA by these presents, That we H., N. Barnes of the Counter Of St. Joseph State of Indiana as pr inc ipal and T. C. Barnes and C. H. De Frees as sureties , are held and firmly bound to the`City of South Bend, Indd.ans in the sum of Eight Th usand nine hundred and sixty nine ,Dollars ($8, 969. 00) for the -payment of `which, well and truly to be made, we jointly and severally bind :ourselves, our heirs, exeucotrs administrators and assigns. firmly by these presents. 1 if The c and it ions of the obligation are such that the above named HN. Barnes shall faithfully comply with the foregoing contract, with -6he My of South Bend, I.nd Tana, . and .s ha,1L fulfill -:all the c and it ions and, st ipuLa.t ions thereinto a onta ined„ according !to'the-true intent and meaning thereof, in all respects;Ithen this obligation to be void, °otherwise.to.bg°and remain in full force and virtue in law . In the event the said , Vy shadl.4xtgrAA'ie°�i .for; he completion of :said word, such extension shall not in any way release the sureties on this bond. This shall be a construction bond and the sureties on the same shall not be held respons ible for the .maintenance 'and repair of the ' improvement after it has been accepted by ;the second. party, but such sureties shaLL be held responsible for the faithfull complaince with all other conditions, stipulations and requirements covered by or set out in the contract. Witness our hands -and seald this 5th. day of November 1919• HARRY N. BARNES T. C. BARNES C. H. ' DERREES The bbove bond approved_ this 5th. day of November 19L9. G. A. ELLIOTT HARVEY P. ROSTISER JOHN F. DEHAVEN Board of Public Works.