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614
<br />And the contractor agrees to maintain .saiii such repairs as tray be necc s ,, e"y
<br />the period and in the manner as fixed by the specilcations, and 'to secure tine n intenance and repair then:_:
<br />to file with the Board of Public Works a bond tivith sufficient surety thereon a in an amount so fixed by «, e
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bo„d shall he
<br />subject to the -same liability to the city and any other person for any ,injury.or damage to any pers� of
<br />prop-erty in the same manner and to the sarne extent as is fixed in .the last preceding paragraph coverit-, g the coil
<br />struction work.
<br />And it is further agreed by and between said parties that the acceptance of the work pro tided for in till.:,
<br />contract, or the payment thereat, shall _lot constitute a waiver on the part of the city of any of tlxe pro i,.$-
<br />ions of ,this contract, nor shall it n4ease said contractor or the sureties on his bond for the faithfu? perfornti-
<br />ance thereof; nor shall the acceptance be prima facie eyidence of the performance of any provision of thh;
<br />contract,except 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 o,
<br />such improvement -and fi%the performance of this contract,' whether done or furnished for him, or his a,gcnt,
<br />: assignee, successor or suboontraetor ; and .the city may reserve out of any allowance viade on any estimate
<br />in favor of the contract r, or ' ssigw, or out of the amount due hint or his assigns upon the coxnpleti®t7
<br />of the work, so much as a. :essary to pay all laborers or materiar men for amounts due them for
<br />work done or materials + usec srnished to - be used in the performance of this contract and the doing of
<br />said work, and the county trt:asurer, acting as city treasurer, may retain money collected from property
<br />owners assessed for, said improvement to pay such debts or until the contractor shows that ?hey, have been
<br />paid or satisfied
<br />kg�,ees to remo- 2 all ruhaish, earth, and unused material in the struts or sides thereof
<br />apon the completion of the imorovemctit or the repairing thereof.
<br />a =• The work of making such improvement shall be completed according to the terms of this contract on or
<br />beforethe ................. -------------------•--------•------------------------day o#_------------ ------------------------ ---•----•---•---...---._. 19..........,
<br />finless the time for the completion of the sai-�e shall be extended inn writing, by the Board o1� 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 contrac*or shall not ?ssign this contract. or sub -let the work or any part thereof to
<br />be done hereunder, withoo, the i en Co. -,:"I- of the Board of Public Works.
<br />It is further agreed 'a-1 ztintila_ed t17�t `' e contractor shall oive-to resIdentQ. of said city and coowv
<br />preference in the employm-•fit of ?1] la` branecessary in the nerfort-nance of this contract, and failing.to d;, ,
<br />shall 41
<br />forfeit to the city the si=m o' ter, dollars for each fail-ure to observe this stipulation.
<br />And upon the .performance of ail the to-nrs and conditions of this contract, and things to be ,'d, , a " I
<br />performed by said contractor the said city agrees to cause the cost of doing such work o.l:,: assessed.
<br />leeted and paid to said contractor in the manner fixed by the statute governing the making of such improve-
<br />ments.
<br />To each of the conditions and stipulations of this contract, including all and singular the provisin,.s d
<br />terms of the pin-rs, profile, specifications and resolution aforesaid. the undersigned binds himself or 'self,
<br />and the respective successor or assigns of such parties.
<br />IN TESTIONY WHEREOF, We, the foregoing named parties, hereunto set
<br />out hands- this 21st . ; day od April 1919.
<br />THE WESTERN CONSTRUCTION COMPANY,
<br />FRED RANKERT,
<br />Contractor.
<br />CITY OF SOUTH BEND , INDIANA.
<br />BY G. A. ELLI.OTT
<br />JOHN F. DEHAVEN
<br />Its Board of Public Works.
<br />.. ' . C0148TRUCTION BOND.
<br />these presents that we The Western' Coiistru.ctien
<br />Company of the° County* ot• St. " Jueeph;' State' iof ' Ynd ian& and New Amsterdam Casualty
<br />Company of the' County' of � St. ' Joseph, and State of Ind Ian i as surf ei ties;__.arc_,heTd
<br />and firmly bound` to the City of South' Bend, Tnd-Ia,na, in the sum of, Two--ThaiiAmid'
<br />severr, hundred and twenty.Dollars (P1720.00 for the payment` of. wh :ch,$.w. ell .and
<br />truly to be made, we jo-intly and severally bind ourselves , our heirs;= axeeuters,
<br />administratgrs.4nd. 4L$sIgns, .flrMly lay these presents._
<br />The c and it ions of the obl igat ion are such that if the above named
<br />The Western Construction Company shall faithfully comply with the foregoing
<br />contract , made and entered into the 21st. day of April 1919 with the City of
<br />South Bend, Indiana, and shall fulfill all the conditions and stt#ulat ions therein
<br />contained, wabnrding t.o. the tru intent and meaning thereof, in all respects
<br />then this obligation to be void, otherwise to be and remain in full force and
<br />virtue in law. In the event the said City shall extend the time for the c omDl et in
<br />of said work, such extension shall not in any way release the sureties on this
<br />b ond.
<br />This- s-hall be a construction bond, and the sureties on the same
<br />shall not be held respeniable. for .the maintenance and repair of the improvement
<br />after it has been accepted by the second ,party, but such curet ies: shall: be -held-
<br />responsible for- the,. faithful compliance with all other conditions, stipulations
<br />and requirements covered by or set out in this contract,
<br />
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