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43 <br />S <br />C1 <br />l k iiaC cwi cractor agrees 6 I .ai;,tain saiii 3 -i- is a- I;.uc.t su1!i rtpairs as rear' 1 <br />he period d in the manner as fixed by the specifications, and to secure the maintenance ar.d repair. Cher,::. <br />to ble with -the. Board of Public. Works a bond With sufficient surety thereon and in an amount as fixed by th <br />60ecificatioris. And in doing such repair work the contractor and the .surety on his guarantee bond shall be <br />subject to the same jiability to the city and any other person for any injury br_damage to any person 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 />A - it is further agreed by and between said part-s that the acceptance of the work provided for in this <br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis- <br />ions of this contract, nor shall it release said ccntractor or the sureties on his bond for the faithful. perform- <br />ance thereof; nor shall the acceptance be prinia facie evidence of the performance of any provision of this <br /><Vontract, except to the extent of entitling the contractorto 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, whether done or furnished for him, or his agent, <br />asaignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate <br />in favor of the contractor or 1--i, assigns, or out of the amount due -him or his assigns upon the completion <br />of the work, so roucl, as ma_, cessary to pay all laborers or material men for amounts due them for <br />work done or materials used or furnished to be used in the performance of this contract and the doing of . <br />sand wort., ar;d trie county trcazwrer, acting as city treasurer, inay retain money eolle:ted from property <br />ovvhers assessed for said improvement to pay such debts or until the contractor shows that they have been <br />m-iid -r smisfied <br />e cot., -a .Y . 4 ;ees to remo- a all rub'D sh. earth., and unused material in the streets or sides the.ro!i <br />upon the complefion of the improVem_.Tt or the repairing thereof. <br />The work of making such improvement shall be completed according to the terms of this contract on or <br />beforethe ----------------------------------------------------------- ------------------ day of --------------- ---------_ ------ ----- - _...__...... _..._; 19.........., <br />unless the time for the completion of the sar-e shall be extended 'in writing by the Board of Public Works. <br />And it is agreed that any such extension of time. or any alteration of this contract or of the manner or meth- <br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- <br />ties. <br />It. is, agreed that the contractor shall not assign this (,;, tract, or sub -let the work or any part thereof to <br />be done he without the •..,rit- er. o -ir of the Board ;of Public Works. <br />It is further agreed and stipula~ed thlit contractor shall give to residents of said city and county <br />preference in the employment of q11 labor nec-ssary in the performance of this contract, and failing to do so, <br />shall forfeit to the city the sum of ten dollars for each failtire to observe this stipulation. <br />And upon the performance of all the ternis 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, col- <br />lected and paid to said contractor in the manner fixed by the statute governing the making -of such improve- <br />ments. To each of the conditions and stipulations of this .contract, including all and singular the prwvisions and <br />terms of the plans, profile, specifications and resolution aforesaid, the- undersigned binds . himself or itself. <br />and the respective successor or ass. <br />.-.s of s_i <br />'In Testimony Whereof, We, the foregoing named parties, hereunto <br />set our bands this 17th. day of July 1923, <br />CITY OF SOUTH BEND, INDIANA. <br />BY L. B. SLAUGHTER <br />L. P. HARDY <br />ALBERT F. HONER <br />Its Board of Public Works, <br />WM. H. BURKE <br />Per H. E. Goheen <br />CanLrac tor. <br />Public Improvement Contract <br />TM8 AGREEMENT, bade and entered into this.-. �,� � 7tih' - - day, <br />_.�....,.,. 19._01AL.-91 by and betweexl <br />WILLIAM H.. BURKE <br />or the Vo ntY....6-4 RIOs.T4i���... .•...d St�te o1... .......... <br />;(hereinafter referred to as the "Contractor"), , and the City of South Bend;, in <br />the County. of St,. Joseph, and State of Indiana, by and through its Board of Publ.ie <br />Works (hereinafter referred to as the ' I City") , under and by virtue of an Act of <br />the General Assembly of the State of Indiana, entitled ` `An Act Concern.ingMunici.. <br />pal Corporations," approved March 6,-1905., and all amendatory and supplemental <br />&0+48 thereto <br />Witnesseth, that the contractor covenants and agrees to construct <br />water aonneetions-on Huey Street from Washington Ave. to Linden Avenue, in the <br />City of South Bend, Indiana at and for the following pricess.. <br />3 taps On long side, each 922050 <br />2 taps on short side, each 18.50 <br />