10/16/1917 Board of Public Works Minutes

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ASf� i.<:�'p Ai mt's.==17� il�tffi%A',� L;, ;.:: _..ri]li �r`h2Ct irTi�?i.i --.: a_�iat`Iii +�. .+ ...a:, ::E dig ..; y"e ._Xµ '.; 3•w •.: the per'od ana its the manner as mac: by the s7i-ecifications.' and to sacur� tl c umintiria ice 4nd repair ti3 to Me with t1te Boaz# of ]Public Works a bond with sufficient surety thereon and in att ,-i-count at tax-,d by th, spicifications, And -in doing such repair work the contractor and the surety on his guarantee boAd hai subject to the same liability to the city and any other person for arty injury or damage to aky persOti dip ptl op arty in the salve manner and to I the same extent as is fixed in -the last preceding paragraph covering the wn- itruction work, .And it is further agreed by and between said parties that the acceptance of the Nvork provided for in th ,, Contrast, or the payment, thcrcof, shall not constitute a waiver on the part of the city of 6ny pi the provis- to-as Of this contract, nor shall it rclease said contractor or the sureties on his bond for the fa}-thful perfot: '- Once thereof; nor -shall the acceptance be prima facie evidence of the performance of any provi4iop of i4io Contract, except to theextent of entitlir:g 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 tttattltigt of such Improvement and in the performance of this contract, whether done or furnished for hint, or his ttgdttt� assignee, successor or, subcontractor, and the city may reserve =out of any allowance made on any ertimate In fwwor of the contractor or his assigns, or out of the amount due him or his assigns upon the comptetioii of tb# work, so muglt as. may be necessary to pay all labors tor' ma'terist th*a for amounts due them for work done or materials used or furnished to be used in.the 0.601ormance of this coritxaet and the "ill 61 h"id warn., and the county treasurer, acting as city treasu*k I" retain stoney :goi1eCted !t'ofYf p1'Op®!'ty vt�Qrs >asaeseed for said improvement to pay suck debt a1r esarrlI t r contsactor ; t it tkey 'fill !bee �r ��tin •=,F �� e�t �: ' o rc ula- . � #1 run sish. earth, ar+d umxse�t inateriat in the stte�q :4r .sil1N illlydQf +tpon ; he conoie ,n .1 the improvement or the repairing thereof. The work of mal ir1 s 1^h improvement shall be completed e rding to the tertns'of this contracton 01' before the ...... ..� ' .........................................day of......---I.C. . ... .... ... ... ,'1 f ., unless the time for the completion of the sane shall be extends i writing by the oard Wf ublie Wor s, And it is agreed that any such exten6ion of time, or any alteratio of this contract or of the manner or srttth- od of doing such work sl,-11 ;n no way affect the duties, obligations or liabilities of the contractor or his sure* ties, It is agreed that the contract or shall not assign this contract, or sub -let the work or any part thereof to Us done hereunder, withuo� the writ`en c:ons�nt of the Board of Public Works. It is further agreed a„-4 stipu!n'ed `lint the contractor shall give to residents of said city and county preference in the entploymt.nt of all labor_ ecessary in the performance of this contract, and failing to do, so, *11forfeit to the city the sum of ter. dollars nm for each faiinre to observe this stipulation. And upon. the performance of all the terms and conditions of this contract, and things to be done and tfortned by said contractor the said city agrees to cause the cost of doing such work -to 'be assessed, col- t�>and paid tosaidcontractor in the manner fixed by the statute ` governing the titaki of ouch improv+a► To each of the conditions and stipulations of this contract, plu gall and a lsit the proris otta and teams of **L plans, profile, specifications and resolution afaee_the under4igno: binds himself'; itself, • ' +': _ ... --Pave successor or assigns of such part=es. IN TESTIMONY WHEREOF, We the forego ipg named park ie's, hereunto set our hands this loth. day of October 1917. Oil. H. BURKE City of South Bead, Indiana. CONTRACTOR BY E. M. MO RR IS A. H. kICE JOHN B. WkBER Its Board of Publdc Works, CONSTRUCTION BOND. Know all men by these presents, That we W* H. Burke of the` County of St. Joseph, State of Indiana, as principal, and John E. fisher of the County of St. Joseph and State of Indiana. of the County of St. Joseph, and State of Indiana as sureties, are held and firmly bound to the City of South Bend, Indiana, in the sum of Two hundred Bollars ($?00.00) for the payment for of which, well and truly to be made, we jointly and severally bind ourselves our heirs, executor; adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the _above named; W. H. Burke shall faithfully comply with the foregoing contract, made and entered into the 9th. day of October 1917 with the City of South Bend, Indiana, and shall fulfill all the conditions and stipulations therein contained, according to the true intent and mean r g .thereof, in all respects, then this obligation to be void, other- wise to be and remain in full force and virtue tri law. In the event the said City shall extend he time for the completion of said work, such. extens ion shall nt in any way release the sureties 'on -this bond.' " ' ' ' ' ' ' - ' ,his shall be a construction bond, and the sureties on the same shall not be held responsible 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 faithful compliance withall other conditions, stipulations and requirements covered by or set out in this contract. WTTNESS our hands and seals this loth, day of October 1917. . H. BURK ti JNO. E. FISHER The above bond approved this 16th. day of October 1917. E . M. UORRIS A. H. RICE JOHN B. WEBER BOARD OF PUBLIC WORKS.