04/17/1917 Board of Public Works Minutes

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And the contractor'agrees to mantain said improve ant and made such repairs as may be necessary for the period and in the manner as fixed by the specifications and to secure=the•maintenancenand repair thereof to file wit the Board of Public Works a bond with sufficient surety thereon and in an.�amount as fixed .by the specifications And in doing such repair work the contractor andthe surety.en his guarantee bond.shall b e subject to the same liability to the City and any other person for any injury or damage to any person or property -in the -same manner and to -the same extent as `is fixed in the last preceding paragraph covering the construction work. And it is further agreed by and between said parties that the acceptance of the work provided for in this contract, or the payment thereof, shall not constitute a waiver on the part of the City of aV of the provislvns of this contract, zor shall ' it release said contractor or 'the parties on his bond for the faithful performance thereof; nor shall .the acceptance be prima dacie evidence of the performance -of any , provisdon of this contract, except to the extent of entitling the contractor to the contract price therefor._ The 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 agents,., assignees, successor or subcontractor and the City may reserve out of any allowance made on any estimate in favor of the contractor or his assigns, or out of the amount due him or'his assigns upon the com- pletion of the work, s.o much as may be necessary to pay all laborers or material men for the amounts due them for -work done dr materials used or furnished to be used ,in the performance of this contract and the doing of said work, and the county treasure acting as City treasurer, may.retain money collected from property ownera assessed for said improvement to pay such debts or until the contractor shows that they have been paid or satisfied.. The contractor.agrees to remove all rubbish, earth, and unused material in the streets or sides thereof upon the completion of the improvement or the repairing thereof. The work- of making such improvements shall be completed according touthe terms of the contract on or before the 18th. day of July 1917 unless the time for the completion of the same shall be extended in writting by the Board of Public Works ,And it is agreed that Any such extension of time, _o,r any alteration of; this contract or for'the manner or method of doing such work shall in no way affect the duties obligations or -liabilities of the contractor or his sureties. It. is agreed that the contractor shall not assign this contract, or sublet the work or any part thereof to be done hereunder,'without the written consent of the Board of Public Works. It is further agreed and stipulated that the contractor shall give to residents of said CYty and county preferences 3n the employment of all labor necessary in the performance of this contract, and failing to do see, shall forfeit to the City the sum of ten*dollars for each' fUllure to observe this stipulation. And' upon` the' peirfo'rinance of all the terms and conditiono of this contract, and things to` fie' dope, and performed by said contractor. the said City• agrees to cause the cost of doing such work to be assessed, collected and paid to said contractor in the manner fixed by the statute governing the making of such improvements. J To each of the conditions and stdpulations of this contract, including all and singular the provisions anal terms of the plans, prof Iles, specifications; and -resolution aforesaid, the undersigned binds himself or itself, and the respective successor or assigns of such parties. IN TESTIMONY WHEREOF, -We , the foregoing gamed parties, hereunto set our hands this 17th. day of April 1917. H. N. BARNES CONTRACTOR CITY OF SOUTH BEND, INDIANA, by E. M. UORRIS A. H. RICE BOARD OF PUBLIC WORKS