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<br />Tgesdam Anon St. 23rd- IQP1? Conllnuecj.'= `
<br />and to perform allwork in the prosecution 'of said improvement ' der etid a l^din tothe tepttta atitt °
<br />ditions .of Improvement Resolution No .............. ......... adopted by a Aftrd Of Public Works ....„.„.„.,,.„,.,.,..
<br />and the plans, profile and specifications on ,fife in the office of the eparkrrient of ?US Works, wlilch aaf�
<br />resolution, plans, profile and specifications are made a part hereof as.
<br />r fully and effectually ae if copied and
<br />set out herein at; full length.
<br />The contractor further expressly covenants and agrees tint in.the pros-cution of sts o work tall proper
<br />skill and care will be exercistd; th9t he '1 p-��� •, 1 all e�mava ions and dangerous places
<br />and will use all due and proper prectirtion to nr., �* i iv7y t^ � y peII I nr A till p- � that i., ill evetlt o
<br />and injury or damage resulting from th.P w^+r , or rer,,A14 - fron s y ,r,,tttr or thins c,clnt,eekrd therawM or
<br />arising therefrom, to any person or property, hit w"ll ray an�i lic,"!.idatoh+s same F t fiia own expense, and a®-
<br />sume the liability therefor; and in the event of any cla.i-i or claims be+ng made or any action or actions being
<br />brought against the city by reason or on ,account of or growing out of^,d tons, or its construction, the sai
<br />contractor will at his own expense defend the same, and will pay any j.uclgment rceovei-ed therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost
<br />expense, payment or judgment recovered in connection with such claim ©r claims, asrti©tt or eotion',lld i
<br />within ten days after any such scxion its begun, the pity shall notify the contractor of tic pendency thereof,
<br />tb , n any judgment ranclered against the city shall be conclusive aggfnst the contract
<br />oi+and against the surety
<br />can hiss ecnistriuction "ad, as to tb 3n:ouiit, liability and other matters pertaining thereto,
<br />the G4F:'ti'r"YCt9t',�1..,T'�P,$ Lo inaratain said iaj;+ro cn'tnt a_,a ._iare su i, repairs as ma.:}r'.
<br />the eriod and in the manner as fixed by the sp?cibcatYons, and to secure t ie maintenance and repair th=r,;.�.
<br />to ! a with the Board of Public Works a bond v�ith sufficli nt surety thereon ana in an g;mount as fixed b
<br />fl►ceifications, 7 : , , y the
<br />And in doing sueh repair wor•'.c the contractor and the surety on his guarantee bond shall be
<br />Eub ,00 to the ®adze liability to the -city and any other person for an injury or damage to a er..: n or prop-
<br />artyin the same manner and to the same extent as is fixed in the last preceding paragraph any
<br />the con-'
<br />struction work,
<br /><Md it is fut`ther agreed by and between said l';.rt'92s that -the acceptance .of the work provided for in tl•.is
<br />colitmet, or the .payment. thereof shall not constitute a waiver on the part of the city of any of the provis-
<br />lontl of this o®iitruct, nor shall it release said cc:ctractor or the sureties on his bond for the, faithful perform -
<br />AMC thereof; nor shall the acceptance be prima facie evidence of the performance of any provision ,of this
<br />ctztjtt'act, exdept 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 />Stich Improvo-nen t and in the performance of this contract, whether done or furnished for him, or his age-.:t,
<br />assignee, successor or subcontractor, and the city may reserve out of any allowance trade on any estimate
<br />In favor of the contractor or !':, assigns, or out of the arnbant due him or his assigns upon the completio -
<br />of the work, so niuch as ma{ cessary to pay all labore.s or material men for amounts due them for
<br />W®rk done or materials us' ea Jr :urnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, Lnay retain money eo:l, ">ted from property
<br />Owners nssesaf�d for said iniprovcnaent to pay such debts or un7:il the contractor a .o.vs that they have been
<br />Paid or saflsfiod .
<br />ar;� ]u: ,eel �,�a'e ;1 i73 the str�,ts or svl' i
<br />aGn the corrpletin c' the impro;� 7n -.it or the repair;rg thereof.
<br />The work bf making such improvement shall be completed according to the terms of this contract on or
<br />before the..... ....•-p day of_
<br />-.... 4----------------------------- un ess t e time for the come letion of the sar>e sliali be e;-tended in wit:-g by the Board of Public Works,
<br />And it is°agreed that any such eaten. -ion of tint,, or any alto-raliori of this ecn�-act or of the manner or ;rtseth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his st rc.'
<br />ties.
<br />It is agreed that the contractor shall not assign this -ract, or sub -let the work or any part thc.;,.(,,uf to
<br />f be done hereunder, withot- the -writ,-en of the board of Public Works...
<br />It is.further agreed and stipulaFed th,t '3e contractor shall` give to residents of said city and entity
<br />preference in the employment of all .labor necessary'in the performance of this contract, and failing to d> 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 />ppepf®rracd by said contractor the said city agrees to cause the cost of doing such work to be assessed, col
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such im e;•
<br />t %ente. g rov p
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />torris of the plans, profile, specification; and resolution aforeszid, tho un>iersif;ned binds himself or itself
<br />and t.14 rt--,peccive successor or assign; of such Parties. ,
<br />In Testi arty ykhereof We, the oregoing named parties, hereuntq
<br />set our h4nds.thia19th. deny of august 192.
<br />CITY OF SOUTH BeND INDIANA.' MARRY N. Bntra
<br />Contr�
<br />BY. G. A. EMOTT cter,
<br />H. F. ROSTISER
<br />JOHN F. DEHAVEN
<br />Its Board of Public Works.
<br />CONSTRUC-Y ION RAND
<br />1 ' 7 r..`t 1 =a by t` _. : Prc3�Mts. That we------- •I s---Harry---N-«•-BArzLas............. _....................................
<br />of the County of --- ....----------------- at-6--- J4se-ph------------ State of ------....... hldf Rls!!b , as prs ima-
<br />pat and -------- and-Mas.. ...
<br />t of the Count of------_-----_ _ i
<br />y �-#r,�---���a}��a------------------- ------------ and State of---•----...._...._..._...I2'ltly.&r18.......,,._....,...
<br />as sureties, are held and firmly bound tw the City of South Bend, Indiana, in the suin of ........ ......... -
<br />ti�v--#>I�us�]ld .hrEe---hu21d7CBl�.,_�l@_Y_xl- -l�oll�t•s ($ 2,7j11.t�ji3O
<br />j r the payment of which, well and truly to be made, we jointly and severally bind o tY'sClvcs, o �.r h:izs;
<br />ecutors, adminstrators and assigns; firmly by. these presents:,
<br />-The conditions of the
<br />-obligation are such that if .the above named................................................................
<br />T � 1
<br />r -
<br />.- -;. _- --
<br />shall fait H u1:y COM-WY wuh the tor,;gumg
<br />as.td entered into tire---------------- -; _tha__-_. - „- day of_ Au St 194
<br />7
<br />frith the City o€ South Ber_d, indianp and shall fulfill ali'thP conditions and stipulations therein CoW��nEci
<br />according to the true intent and mea.iingth-reof, in . ail re's,,F ts, taco this Dbligation to be void, dtlt, y✓i3r
<br />to be and remain in f111 force and virtue in law. In the evt- ':e.sai&City shall extend the time foi jgte
<br />completion of said work, such extension shall not in any way release the suzreties on this bond.
<br />This shall be a construction bond, and the sure`iAs on the same shall not be held respoasifile the
<br />maintenance and repair of the improvement after it has been accepted by the second natty, but sue h � sties
<br />shall be held responsible for the fait"ul compliance with all other conditions, stipulations:and regjit t", PIMts
<br />Cc V e'red by or set out in the contract.
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