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<br />1"s to VIA 1AQ
<br />and to perform all w4r-k in the prosecution, of saic prnprovement under aril €coordiq to the terms turd con.
<br />aP# 1
<br />tl%tiong of Improvement h's olution l�o. _.' :.-- .-. adopted by the Board of Public `Norka.r.. �,,. {'
<br />and the plans, profile and spe ifit:a±ions on file ., *he Office of the Depa:tnent of Public Works, wM! -th 4v4d ,
<br />fesofution, plans, profit3-and 'specifirabohs are made a part hereof as fully and effectually as if copied and
<br />set out herein at full lth:'
<br />try contractor fu�#h r e�p cs lw covenants -4 1 ag're" that in the -cttHon of said 'work a?l prootr
<br />skill a,;f care ;'1 be e..e•04�cil tl ikte `l x,r'oo ;. d p• , all _e ✓anions acid. dangerous':pees,.
<br />h ��yy
<br />�J Al 1 iT=1 1p •i�'jj T1Y.^ J.? L t11 AE/ 3t ini4_?•- Y.:�3V p . 7• •F '1. 'T•• Ri�q
<br />and , t Je 4.. , due C .. j p per p r -, )-a o or , � T � l .II Pe ')r J rll�
<br />+; any injury or da.m�;e r sLi'i; g 3ro 1 t' . _l:ir^•r�av i or r ram, atf.1 �11�rRtt-rS? Ci';:
<br />arising therefrom, `0 any, pe'rc..- or property, *re •, ll ga*q� �xi l'� ?l ode �e § :Ixt � � ss Q!x'1! e�;iF �i^�a. .2• � .
<br />some the 1iabii ty therefor; and in th? Qfe_zt of ac�y c'3=t'.i cr cl';ixs t± rra slp y aZc'.y<�n +rH a t
<br />brought. aga.n.5t the city by reason or On n A) lilt or gx`O•n�iaig c�xt y� S`l , "ter l�. itS CP +: tr+7C.7 ? c .+
<br />contractor will,at his -own expense:defend the same, and =� :1 pay any IuO& eat r covc ^d 'h�rttit� ��1
<br />all respects fully indemnify and sage Harmless said c t,y, its officers; agents or vepresc:n atives from
<br />expense, payrnen#.or judgment recovered -in connection with. sti ' claim or clair^7.5, action or a(ticn�, A '
<br />within ten.days after any such action is :begun, the city she:ii notify th': rArtrac*or of to i-^ :.
<br />t% :n sny1 lydgrient rev lercd against tl�e city shall he conellrsive against the contractor and against the s ,r
<br />' •i.m,) .nt, liabihoy ; ,nd other :mat#-ers.. pertaining thereto.
<br />And the Contractor a',gi'e a #tsfaatr iu sailed ern irJOI +ement at_d i-Imt:e jouch r a�Irs as may he t;e s any
<br />the -.�riod,and ity the; manner a.s:fixed b)� the sped cations,, and to secure uie maintenance and repair t r�E3f
<br />to fie:woh ele Board of Public Works a=bond with sufficient surety thereon and in an euiount a* fi eddy t�►e
<br />spedcatic�ri,: And in doing such repair work the contractor and the surety on his guarantee bond shill be
<br />#45JOit tc the sameliahiliiy to'the city. and any other person for any injury or damage to any persm .or, prop=
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering tom.>con
<br />struction Worl{.
<br />And it is further agreed by and between said parties that the acceptance of the work provided for'ib this
<br />contract; or the payment- thiroof, shall not constitute a waiver on the pa`t of the City of any of the prov'is=
<br />fonts of this contract, nor Shall it r�lea:>e said. Contractor or the sureties on his bond for the faithful perform -
<br />ante thereof i nor Shall the"acceptance be prima facie evidence of the performance of any provision of this
<br />` cont act, exe6pt 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. Qf
<br />such lmprovetnent and in the performance of this contract,._v�rliether Aone or furnished for him, or hns.egent,
<br />kn4nee, successor or subcontractor ; .and the city may reserve out of any allowance made on -any estimate
<br />in favor of the contractor or '; ' assigns,
<br />, or out of the- amount. due him or his assigns upon the completion
<br />of the work, so mutt. as rn cessary to pay all laborers or material men for amounts due them; for
<br />wotk done or materials• used .urnished to be used in the performance of this contract and the dolhg ®f
<br />said work, and the County treasure"r, acting as city treasurer, may retain money cofteeted" frost': property
<br />owners assessed for said,improvernentto pay such debts or unTil the contractor shows that they have been
<br />paid or satisfied ,
<br />r-mo : nit rtz ; isle, earth, and unined material in the stet. is or sidestherof
<br />upon the complet,- �t r".the z7nn7o ,em ::at or the rep?'ring thereof.
<br />The work of rrna.King such imp o v ,*tent shall be comnJeted according to th s of this contract on or
<br />before the=']#ihr • ------ -• , - -- -day of ----pit'._ �... 1:•...
<br />unless the time for rh? corrpietion of the sar,e s'hali be extended ?!writ` by theBoard of Puliltc Works;
<br />And :it is agreed: that any si,ch ext..ension of tire, cir ay �lteration'of_ this c, -ract or et the manner or rrteth-
<br />od'of doing such :work shall n no way, affect -the duties, obligations or liabilities of the contractor.or his sure-
<br />ties
<br />It is agreed that fhe c
<br />hontras or -hall not assign this contract, or sub -let the work or any part thereof to
<br />be done ereunder, witho: t hp Y, _ i; : en co, s:.„t of the!. Board ,f Public Works.
<br />It is further agreed a d ipulated that m� contractor shall gi.je to residents of said city and county
<br />preferencP::in the errploymt.nt of all labor �:ecessary in the performance of this contract, and failing to.do so, °
<br />shall forfeit- to the city the sum of ten dollars for each failure 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 />performed by said contractor the said city_ agrees to cause the cost of doing such work to be assessed c61
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such smpro.ue-
<br />#nents.
<br />To each of the +~ondition ' acid stipulations of this contract, including all and singular the provisions and
<br />terms of the plans, profile, specificaf,ons oral resolution aforesaid, the undersigned binds hirnsel€ or -itself,
<br />and the 4espective successor .or assignns of such parties, In Testimony Who oaf We the foregoing named p&rties, hereu
<br />set our hands tide 17th. day -Of June 1919
<br />HARRY N. BARNES
<br />Contractor.
<br />CITY 4F SOUTH. BENDS INDIANA.
<br />By G:. A ELLIOTT
<br />HARiY : F `R03mLSER
<br />Its Board of Pub11e Works.
<br />coxSaUCTION BOND.
<br />Know sll men, by these presentss that rim H. N. Barnes of the
<br />C ounty of St. Joseph, State of Indians, as principal am John H. Gibaon Md ,
<br />T. , C. BA SS of t be Count: y of St Joseph and State of Ind lane so suret lea, =are held
<br />and firmly bound to the City of South Bend, iudlana It the sum of Fire hw�r-ed
<br />and twenty dine Dollars ($529. DO) for the payment of which, well and, tru1y to be
<br />made, we Jointly and, sever#lly bind, ourselves, our heirs,, executors'- admintstralors
<br />end assigns, firmly by aba1e presents.
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