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691
<br />And the contractor agrees to maintain said iixxvroa:;xzxent a._6 laa,e su•.h repairs as rr;ay- necessar;
<br />the period and in the manner as fined by the s-*Pciacations, and to secL-re ine maintenance ar-d repair then.
<br />to file with Vie Board of Public Works a bond -;;th sufficient surety thereon and in an amount,* fixed by h, _'
<br />specifications. And in doing such repair worn the contractor and the surety on his guarantee bond shall be
<br />subject to the saute liability to the city and any other.person for any injury or,damaffe to any persr,, or prop-
<br />erty in the same manndr and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />And it is .further agreed by and between said parties that the acceptance of the work provided for in t1ds
<br />contract, or the payment threof, shall riot constitute a waiver on the part of the city of any of the provis-
<br />io-1,s of thi"s contract, nor 'shall" it 'rc"lease 'said contractor of the sureties on his bond for the faithful perform -
<br />a xe thermof-, nor shall -the acceptance be,prima facie -evidence of the performance of any provision of this
<br />contract, e.x -tpt to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and'riiaterials used'oi• furnished to be used in the making of
<br />Stich iniarovernc, t arxd<in the�performanc.9 o� this contract, u-_ae4h,,r done or furnished for him, or his agent,
<br />asciP,Ii E, s; c�essor or subcont..ra^; �r ; and the city may reserve out of any allowance made on any estimate
<br />in f2.`vcM oI the contractor` cr sigus, or out of the amount due him or his assigns upon the completion
<br />nF +h= <<rri', son =� Y: as m essary to pay all laborers or material men for amounts due them for
<br />work done or materials use.. Zrinshed to be used iii the performance of this contract and the doing of
<br />said -VvQ ., a_a tree c:uun«r L: ;:r, &it :.g as city treasurer, may retain money colic-.ted from property
<br />()Vzi:ers assess4d for said improvenient to pay such debts or until the contractor snows that They have been
<br />paid or :satisfied' '
<br />,e co,-L-a agree; too erno- 2 all earth, and unlzsed .material in the stretits or aides th •reaf
<br />upon the completion of the imp. oyerant or the repairing thereof.
<br />The,work of making such improvement shall be corzini.eted according to the terms of this contract on or
<br />beforethe-------- ----- ----- ---- ---- - ----- ---- ----day of------------------- --- ----------------------------------------------------- 1 : 9----.--
<br />unless the time for the comp let: n of the sar c shall be extended in writing by the Board of Public Works,
<br />Arid it is agreed that any such eetension of time, or any alteration of this contract or of the manner or meth-
<br />od of. doing such work snail in i.o way affect the duties, obli
<br />ties.. gations or liabilities of the contractor or his sure -
<br />it is agreed that the cnn? raC or shall not - ssi n this contra= t, orsub-let the work or any part thereof to
<br />be done. hereinider, with( :}..e: 7f th? Board of FP;t))i^ TOrks.
<br />it is further a ,oral + i ? ! _ / f o residents Of saki city a. d coui0v
<br />� 1 - u ^�!i iC=.:Jr shill give t c .,
<br />reference in the emp oy' . F �,n�e Of this contract,
<br />p 1 la' t sz.ry to the p .r_o_ i tr act, and failin;, to do ;,o,
<br />shall forfeit to the city the < :m c,' ' ollw - for each tail -=re to observe this stipulation.
<br />And upon the perfarrnar;c' o alp the tc-rnis anc conditions of this con~ract, and things to be d,n. av
<br />performed by said con.zac or the said city agrees to cat-„e the cost doing such work to L assnss .d, c:
<br />lected 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 a= d singular the provisions -d
<br />terms of the r'^--s, profile, specifications as-.d resolution aforesaid, the undersigned binds himself or '-self,
<br />and the respective s',:ccessor qr assigns of such partiesr
<br />IN TES T IMONY WHERE OF, We ,
<br />set our hands, this 20th., day of May 1919.
<br />CITY OF SOUTH BEND, .IND IANA
<br />BY HARVEY F. ROST ISER .
<br />JOHN F. DEHAVEH
<br />Its Board of Public Works,
<br />the foregoing named parties, hereunto
<br />THOS. WILLIAMS,
<br />Contractor.
<br />Petition filed by Councilman Goebel for a pipe suer on South Kendall
<br />Street from West Indiana Avenue to W. Calvert Street. The Board ordered resolution
<br />prepared on same.
<br />Mr.-F. E. Wolfe, Recreation Director appeared before the Beard and
<br />requested permission to have City Steam roller on J. D. Oliver Playfield. The Board
<br />instructed the Street Commissioner to devote a day to recreation committse work and
<br />render a bill for the act ,,�&1 expense and not to charge for use of roller.
<br />The Board instructed the Clark to notify D. Westbury of the Wm. H.
<br />Burke Plumbing Co. to look over smoke stack in the City Hall and estim=;.te the amount
<br />of work to be done on same.
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