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;_aa agrees io ma-m-ain said 2i7 prof iu.aY cut�NiY'7
<br />the Period, and in the mariner as fixed the 46pciScadons, and to sec. re the izzaintenance..UW repair tr:
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed. b(' h_e
<br />specifications. Arid in doing such repair work the contractor and the surety on hi€ guarantee bond shall be
<br />subject to the same liability to the city and any other person for any injury or damage to any permo or prop=
<br />erty in the same manner and to the same extent as is fixed in the last, preceding paragraph covering the con-
<br />struction work.
<br />And it is further agreed by and _between said parties that the acceptance of the work provided for in this
<br />contract, or the payment thereof, .hall not constitute a waiver of the part of the city of any of the provis-
<br />ions of this ee atract, nor shall, it release said contractor or the sureties on his bond for the faithful perform-
<br />ance thereof; nor shall the acceptance l:e prima facie evidence of the performance 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 of
<br />such improvement and in the performance of this contract, whe}her done or furnished for him, or his agent,
<br />assignee, successor or subcontrax r : and the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or his assigns, or out of the r amount due him or his assigns upon the completion
<br />of ibe work, so muQt, as may be ivPcc:ssary�. o pay all lab©rtts -or material men for amounts due them for
<br />work done or materials -us.ed or furnished' -to- be used in the performance of this contract and the doing of
<br />' SUW w:ora , ai,,d tree uttnty ea.aurer, acting as city treasurer, may retain money, collecttd from property
<br />o vr-rs nsrrs�r�d for said im rt)`ve -,t to s.y' S Ci7 c?ebts or until t e eauractor shows that they hayq been,
<br />lWri, esr 1 , srtd unil0 tMterial in the streets ar aitie� ? icr f
<br />upon the completion , f the irgrovem nt or the teps;ring thereof,
<br />The work of rnals€rrg s,•^h impr�rement $hall be coriipleted at c t4irt t e
<br />before the...... .... ... anw 1 of thil� contract an or
<br />unless the time for the corrt�,plett on�of �ehe sa,_f' w ,dav bfP.... .......... ..,., e..,�,:,..,,i...........,n.,
<br />And it is a reed fh: t an sh li be ex ended iA �ttit:i' by �l,a dcrd of ptibl c 'W:arks,
<br />od g ► s„^h PetenRlon ,.�f t;,vq!�, tip n*°v al?err.°ic,ti p# tl1}s tmCilitt'aCt or tt�' fha lnanhar 0 Width•
<br />t es f doing such work si+-ii r, r,> way a feet ?°he dtiti"s, rihl+�,rtintts nr- linhifffles of the contractor or his Auto -
<br />It is agreed that the, rn , :,r nr 't it �nt gsi ;i rh�,9 rn., Yt •t at' s,+h�kt the work or: any part thereof to
<br />be done hereunder, wif r )f fly- Tlny'ro t ;rl3itp Vittirkme
<br />It is further agreed 1 t ,,{(, to residant§ of chid city And @ounty
<br />preference in the ernplovr., w ti,.zisry in th" NT10 M-Ance of thi's eantract, and failing to do so,
<br />shall forfeit to the city ti,t- : c tl �l` c.� f„r ^tt:.h tali+tre +o „hstrve this stipulation
<br />And upon the performaric- o: a se tt ,.X,is tend coetrliti0its f4 that coritrac , and. l hi gs to b• done and
<br />performed by -said corl.ractor the said eiY,y agrees to caukj the cast cY doinff such wont to be aassasad, col-
<br />lected and paid to said contractor in.the manner fixed by the statute governing the making of such Improve•
<br />meats.
<br />To each of the conditions and stipulations of this contract, lncludtng all and singular the provil-ions it'd
<br />terms of the.plans, profile, specifications and -resolution aforesaid, theendgrsigne,�- bindi hirmseli op 4tgplf,
<br />and the respective successor or- assiftris of silch nartfes,
<br />.IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set our
<br />hands this 16th., day of April .1918,
<br />HARRY N. BARNES
<br />CONTRACTOR
<br />CITY OF SOU-TH BEND, IND IANA .
<br />BY G. A.. ELLIOTT
<br />H. F. ROSTISER
<br />JOHN F. DEHAVEN
<br />ITS BOARD OF PUBLIC WORKS.
<br />CONSTRUCTION BOND.
<br />Know all men by these presents, that H. N. Barnes of the County of
<br />St. Joseph, State. of Indiana as principal; and 1. T. C. Barnes and Charles Suabedi$en
<br />Of the County of. St. J03eph and State of Indiana as. curet ies, are held and firmly
<br />bound to the City of South Bend, Indiana, in the sum of One Thousand (S1,000.00)Dollare
<br />for the payment of which, well and truly to be made, we jointly and severally bind
<br />ourselves, our heirs, executors, adminstrators and assigns, firmly by these presents.
<br />. The c and it ions of the obligation are such that if. the above named
<br />H. N. Barnes shall faithfully comply with the foregoing contract. made and entered into
<br />the 16th., day of April 1918 with the City of South Bend, 'Indiana,*and shall fulfill all
<br />the c and it ions and st ipulat ions therein contained; according t o. °the true intent and meaning
<br />thereof, in all respects, then this obligation to be void, otherwise to be and remain
<br />in full force and virtue in law. In the event the said- City shall- extend the time for the
<br />c omplet ion of said work, such extension shall not° in any way release the sureties on this
<br />bond. `
<br />This shall be a construction bond, and the sureties on the same shall not
<br />be held respona-ibie for the mainteance and repair of the improvement after it has been
<br />accepted by the second 'pasty , but n'such sureties shall be held responsible for the faithful
<br />compliAnee with all other conditions, stipulations and requirements covered by or set
<br />out in the contract.
<br />WITNESS OUR HANDS AND SEALS THIS 16th.9 day of April 1918,
<br />HARRY N. BARNES
<br />CHARLES SUABEDISEN
<br />T. C. BARNES
<br />
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