05/20/1919 Board of Public Works Minutes

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Tuesday Ma,'y 20th.,1 C ont inued , b r".ir repairs as, r_ s And the contractor agrees zo maintain sax �� ,. r�, _.:< 1'� u • .: r ' the period and in the mariner as fixed by the s -c ca'tons, acid to secure ,te maintenance and repair t. �1 to file with the Board of Public Works a bond with sufficient surety thereon and in an amount a* ti�•_d oT ` specifications. And in doing such repair work the contractor and the 'surety on his gaararitee bond shall b subject to the same liability to the. city and any other person for any injury or damage to any per.* 1 or prop erty in the same manner and to the same extent as is fixed in the last preceding, paragraph covering the con- struction work. And it is .further agreed by and br*weep said parties that the acceptance of the work provia .d for in this .contract, or the payrnent ther of, shall not constitute a waiver on the, pa, t of the city of any nf` the pfOrin- Orin - ions of this contract, nor shall it r:leaie said contractor or the sureties on his bond for the faithful perforin- ance thereof; nor shill the acceptance be prima facie evidence of the performance of any provision of this contr ct, except to the extent of entitling the contractor- to the contract price therefor. he` 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, or his agent, assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate in favor of 0-ie contractor or '-.ssigns, or out of the amount due hire or his assigns upon the completion of the work, so much as mz-essary to pay all laborers or materiai men for; amounts due them for work done or materials usec, ,jrnished to be used in the performance of this contract and the doing of said wort:, and the -county treasurer, acting as city treasurer, may retain money collected from property owners assessed for said improvement to pay such debts or until the contractor, shows that They have been paid br satisfied to ^mu :ail ru si-i, earth, and unwed material in the strc is ar sides then of upon the, completion rf the imnroyem•:nt or the, repairing +hereof. The work of rria-icing such improvement shall be completed according. to the terms of this contract on or 4-fore the -- -----• _-- --------------------------------------_-----day Of ------------------------------------- ._-------- ------ --- -- 19...........i unless the time for the completion of the same shall be extended it wr,*: "g by flirt Board of Public Works, And it is agreed that any such extension of tune, or any altera.'ion of this contract or of the manner or meth- od of doing such work shall in no way affect the duties, obiigations or ?:abilities of the contractor or his sure- ties. It is agreed that the contractor shall not -ssi-n .this c�ntra�t. or sr±b-?et the work or any part thereof to be done hereunder, witbol-f the i' �., ci.; ... .. ,)f the l30s-:i of Pi;lil;c Works. It is further agreed a,-.0 )t:;s .lj rh_^.t ` y. ^'rir ctor shill gi Ve to, residents of said city and county preference in the employrn -nt of �f la;:or :scary in the perfo .once of the contract, and failing to do so, shall forfeit to the city the sum of t:.n dollars for each +`-ailure _o obcerve this stipulation. And upon the performance of ad the t= _-n.s and conditions of this contract, and things to be done and performed by said contractor the said °ity agrees to cat se the cost of doing such work to be assessed, col- lected and paid to said contractor in the mariner fixed by the statute governing the malting 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 himself or itself, and the respective successor or assigns of such parties. ITT TESTIMONY WHEREOF, our hands this 2 0th. , day of May 1919. CITY OF SOUTH BEND, IND IA M . BY HARVEY F. R OST ISER Its Board of Bbb'110 Works. we, the f oregoing named parties,, hereunto Het C £INSTRUCTION BOND. . K. H. VANDERKA.RR, C-ontr. ac t or KNown all men by these presents, That we L. H. Vander Karr of the C ounty of St. Joseph and State qf- Indiana, aspr inc ipal and Guy D. Staples and Walter M. Hildeb"nd of the County of St. Joseph and State of In:liana as suret ies, are he ld and f irmly b ouud t o the C It of S outh Bend, Ind isna, in the sum of One Thousand ($10000.00) Dollars for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, administrators and assigns , firmly by these presents. • • • , , � • , • -The c and it ions of the ob 1 igat ion are such that if- the above named L.-H. Vander Karr shall faithf lly comply with the foregoing named contract made and entered into - the ,20th: , day , of •May -1919 with the City of South Bend, Indiana, and shall fuif Ill -all " the . c and it ions , and -sti- pulations therein a ante fined ace ord ing to the true intent and meaning thereof, in all respects , then this obligation to be void, otherwise to be andremain in full force and virtue in law In the, event the said City shall extend the time for the c omplet ion of said work, such extension shall not in any quay release the sureties on this bond. This shall be a construction bond, and the sureties on the same shall not be held responsible for the maintenance and re stir of the improvement after it has been accepted by the second party, but such sureties shall be hold responsible for the faithful c ompla inance with all other c and it ions, st ipulat inns and requirements covered by or set out in the contract* L. H. VANDERKARR The above bond approved HARVEY F. POSTISER JOHN F. DEH.A.VEN Board of Public 'forks. GUY D.._ STAPLES WALTER M. HILDEBRAND this 20th. , day of May 19194