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And the contractor agrees to maintain said in-jp;ovcaent a- �.t�irie su-a repairs as may be neceasar.y
<br />the Period and its the ma n-es as fixed by the sneci9cations,,and to secure the i . ainten ince and repairthereo;
<br />to fie with the Hoard of Public Works a bo: d :v th sufficient surety thereon and in air amount as fi ed by tht
<br />epecifleations, And in doing such repair worn the contractor and the surety on his gmtrutitev hood shall bt
<br />suliject to the ganie liability to the city and any other person for any *njury or damage, to K y person of prop..
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />&truction work,
<br />And it is further agreed by and between said part -,es that the acceptance of. the work pvov1do4 for f r! {h1Y
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of ally of flit provlF3
<br />ions of this contract, nor shall it release said contractor or the sureties an his baud for the faith fa) perf€it -4>
<br />ante thereof, nor shall the acceptance be prima facie evidence of the perfortnance of any provision of thl
<br />cprtract, 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 makitig (if
<br />such improvement and in the performance of this contract, whether done or furnished for him, of his agent,
<br />assignee, successor or subcontractor : and the city may reserve out, of any allowance made on 2tny dsf ittiate•
<br />in favor of the contractohr or t.:- assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so muct� as xna_, cessary to Pay all laborers or wateriaa risen for amla mts dtie them for
<br />work done or materials usea or urnished to he used in the perf"inamue, of A& c6rttraet and the dbing 61
<br />said work, and the vounty treasurer, acting as city treasurer, uray, retain money tollepted from ptoperty
<br />owners assessed for said improvement to pay such debts or until the contractor' shows that they haves beer
<br />nnid -jr satisfied
<br />to remo .: all ru�'Jisi1, caret?, a"ad ww-q04lhattl'igl is tht Imtql% Aw.g14% m
<br />viA
<br />pon the completion of the irttnrovemer)t or the repa i ii,g thereof,
<br />jllt+ , Yvotlt of makivg such improvement shall be a~ t p t - llt� i
<br />,# o F omole ell aetnrtliud Iw i $h_� tff l tii9 n
<br />lira lHae ttrtt for - - - day of ......o t
<br />he co ;pletion of the sar-e shall be e-endodtlo m.,,rti,, , by lhg YMOM h ` lih i gdf is
<br />(fret it iA.gre__€1 thv,t any such extension of time, or any alter:'`3e�tt ref =k'3 Ltni+t}tt g t+ iiltt!(it�i tii�l#
<br />04 Of daiuK Ruch work shall in no way affect the duties, obligntiotio of liubiliflem of th@ et1Nttitetho of hN
<br />fie§.
<br />It is agreed that the contractor shall not ?ssign this c,ii hart, of stf4--jlsf fhe wdtjt t h pgrf f r d l
<br />be done. heremider, withorr thewrit•.en o .nt of the Board , r V Yilt Wtitksi,
<br />It is further agreed wnrl stipula-2d l c contractor sthall szi°ve; to residents of mid cjtyaild e"fl0t
<br />pr eferenve ill the enlplo}•zv lit of +l labor necessary in the gerforrna*ice of this contract: anti hdlink, td dtj imi
<br />$hall forfeit to the city the sum of ten collars for each failure to observe this st litilatioll
<br />And upon the perforrna cA of all the ternis and conditions of this contract, and things fu be dofte 9nd
<br />etfPrkxi`d by said contractor the said city agrees to cause the cost of doing such -wot.k to be assessed, ttol
<br />e �ed aud. paid. to said eontraetear in the manner fixed by the statute govarning the itiaking of gueti i ni proved:
<br />TO ft.9t Of the Muditions and stipulations of this contract, including; all and singular the pt'ovi#Joug gttd
<br />ter=='!s of the plans. profile, sl)4-1cificat.ons and resolution aforesaid, the unders igiled binds fttniself or faeff,
<br />n tht rtOpective 5ucccs! car or ass- s of
<br />In Testimony whereof, we, the foregoing named parties, hereunto
<br />- set our hands this 31st. day of July 1923,
<br />CITY OF SOUTH BEND, INDIANA." JOE A. LUTHER
<br />BY L. B. SLAUGHTER Contractor
<br />L. P. HARDY °
<br />ALBERT F. HONER • °
<br />Its Board of Public Works.
<br />.
<br />� �J,4tehaJ6gt]PA.
<br />�ssss 9tate Orr1f
<br />Ap"ably o -the hate tier- Siam, #tom &i -Q
<br />it
<br />appxoved:law
<br />p MWM*96'er ad
<br />Witnesseth, that _the .contractor covenants and agrees to cony
<br />struet water eonneetions on Jacks -on Street from Division Street to N. J,
<br />T.. & i. R. R, in the City of Smith. Bends Indiana at and for the following
<br />prices: -
<br />..5 .warner taps on the `.long side, each..............$25.89
<br />taps an the`shert sire, each..............19.95
<br />and to perform all work In the prosecution of said iuutm ement tinder and according to the terms and con.
<br />ditions of Improvement Resolution No......I21�..�:..,., adopted by the Board of Public Works.. T, ne 2 . 1923-
<br />and the plans, profile and specifications on file in the. office of the Department of Public Works. which said
<br />resolution, plans, profile and specilica.tions are mad6 a part hereof as fully and effectually an if tripled and
<br />set out; herein at full length.
<br />The contractor further expressly covenants and agrees that in the, prosecution of said work ail proper
<br />skill and care will be exercised; that he will proper'-y - •as? a d p-.o+cot all excavations and dangereiits places,
<br />and will use ail due and proper precaution to preve-tt injury to .ny person or pro-erty; that in the event
<br />any injury or damage resulting from the w-)r'- or resulting from a;v matter or thing connected therewithor
<br />arising therefrom, to any person or property, he roll nay an-i liquidate the same at his oven expeiisse, and as.
<br />sumo the liability therefor, and in the event of any claim or claiins being made or any action or actions beiii
<br />brought against the city by reason or on account of or growing out of acid work or its construction, else sal
<br />contractor will at his own expense defend the same, and vnll pay any judgment recovered therein. and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all coat,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. And if
<br />within ten days after any such action is begun, the city shall notify the cmtractor of the pen4ancy thereof,
<br />tbh!n any judgment rendered against the city shall be conclusive against the contractor and Against the surety
<br />on his construction bend, as to th amount, liability and other matters pertaini'rg thereto.,
<br />
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