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And the contractor agr�eus to rzuintain said improvement and make sueh repairs as may be necessary fOi
<br />the period and in the manner as fixed by the sn�cincations, and to secure ine maintenance and, repair thereof
<br />to file with the Board of Public*Works a bond with sufficient surety thereon and in an'amotirit as fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the sane liability to the city and any other person for any injury or damage to any pers,n 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 />And it is further agreed by and between said parties that the. acceptance of the work provided for. in this
<br />contract, or the payment thereof, shall not conA tute a waiver oil the wart of the city of any of the provis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the fait fuJ perfor-n-
<br />ai:ce thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The co.tractor agrees to pay for all labor and materials used or furnished to be used in the. making oi.
<br />such improvement and in tine performance of this contract, whether done or furnished for him, or his alr't
<br />assignee,,successor or subcontractor; and the city may reserve out of any allowance rnade on any estimate
<br />in favor of the contractor or ' assigns, or out of the :.mount due him or pis assigns upon -the completion
<br />of the worn, so much as ma- cessary to pay all laborers or materiar men for amounts due them for
<br />work done'or materials used .arnisFed to be ksed in the performance of this'contract and the doing:of
<br />said word, and the county .treasurer, acting as city treasurer, may retain money ccilcated from property
<br />owners assessed for said improvement to pay such debts or uricii the contractor shows that they have b-
<br />i. or �.atisfied
<br />1 fie. cont-a^r or ag--cos to'gemo- � all ru'.)aish, earth, and nw.,sed material in the struts or �i��l�
<br />upon the completion of the improvement or the repairing thereof.
<br />The work of making such improvement shall be cornvieted aecordin o t e to at
<br />before the. 24t.
<br />is cet
<br />r� � t�tl
<br />unless the time for the c - - day Of ...... .....tea Q® t`,;_ .1tk...,.,.....°, 1 ..
<br />ompietion of the sane shall be n rf ° , extended in wrr;._g hy,t?te dottrel of k�ublte W�riaA,
<br />And it is agreed that any such extension of tine, or any alteration of this ce�45'act or of the manner or meth.
<br />od of doing. such work shall in no way af~'ect the duties, Obligations or liabihti; s of the contractor or him aura.
<br />ties.
<br />It is agreed that the contractor Elul! not assign th's co^*ra,ct, or sl,h-let the: work or eny part there to
<br />be done hereunder, w: ho r h
<br />of the B a-d o f .Plj!)Hc Works,
<br />CO -
<br />It is further agreed G i t ,a cnrrtra >or s, o i1 Il ; .c to residents of- s4'd city F, county
<br />shall forfeit to the cit i�the s lm f o_ ten
<br />cessary in the
<br />p;-rtor nl'ance of this contract, and felling to do go,
<br />Y n d. lla., for each ,.allure 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 />pperformed by said contractor the said city agrees to cause the cost of doing such work to be 4 pgsod� eel -
<br />menu. ma,and paid to said
<br />mecontractor in the manner fixed py the statute governing -the king� of guc i' prAv��
<br />ats
<br />To each of the conditions and stipulations of this contract, including all and singular the prOtrfglong sn�'
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned hinds himgolf p loge: :.,
<br />and` the respective successor or assigrs of such parties, -
<br />In Testimony Whereof, We, the foregoing named parties, her•unte
<br />set .cur hands t is 21st.9 day of June 1919.
<br />THE WESTERN CONSTRUCTION COMPANY
<br />CITY OP' SOUTH BE1.D.s. INDIANA. BY FRBD RANKRRT, President,
<br />BY 0. A. ELLIOTT contractor,
<br />HARVEY F. ROSTISER
<br />Its Board of Public Works.
<br />CONSTRUCTION BOND.
<br />Know all men by these presents, . That we the Western Construction
<br />Company of the County of St. J©seph State of Indtam-se principal and The- Aetna .Casualty
<br />de Surety Company Of -Hsrt*Srd, Connecticut. as hold and firmly bo7jud to the
<br />City of South Bend, Indiana, in the sulo of Pourteen Thousand Two Hundred and forty
<br />eight Dollars ($14,248.40) for the payment of which, well and truly to be made, we jointly
<br />and severally bind ourselves, our he ire, executors, administrators and oss ignst firmly
<br />by these presents.
<br />The a and it ioln of the obl igat ion are such that if the above named
<br />The Western Construction Company shall faithfully comply with the foregoing contract,
<br />made and entered into the Blot. day of June 1919 with'the City of South Bend, Indiana,
<br />and shall fulfill all the conditions and st ipulat ions therein contained, according to the
<br />truer intent and men ing thereo;t', in. all respects, then this obligation to be void, other
<br />wise to be and remain in full force and virtue in law. In the event the said..City, small
<br />extend the time for the complet ion of said work, such extension shall not in ariy slay release
<br />the suretlete on this bored..
<br />This shall be a construction bond, and the -sureties on the same
<br />shall not be held respond ble for ,the ma in tenanee and repair of the improvement after it
<br />has been ao cepted by the second Marty, but such sureties shall be held responsible for the
<br />faithful compliance with all other conditions, Stipulations and requirements covered by or
<br />set out in the contract.
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