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1 M.
<br />Tuesday July 31st., 1923. Continued..
<br />k CGc 3.a GSA t; A 'st uG�dl �Il19 S23ld klid 491 b3?11 nd repair
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<br />^� �€1 #§ its t vwacr ' faxed; by-tbe s �t��h�� 1� ��t�§� ��� �t§��i �� .� �� � .. p
<br />�r a xc.d b
<br /># W; � l30grrd of Public Works a bond ith snifnciexal€ stn � t � � ahtl f? i9 ii It y,.
<br />:iJ#`t sZt �3r?fir .rd M dr,! z such. repa-cr work the contractor t►ud tlt� sttP�i +dh GIs ltlr l? � shall p
<br />the gat
<br />ji0tli try to. the city, and any other person. fot arm i_r t1t dl' i�ltlt4 WRY .�� stiy:n op..
<br />1ii cps,
<br />rt iq tlfe Sa[aic llka;Mxj and to the same extent as is xed in the last p ot�tdhlw ilglitpli N �ilAg ft
<br />And It is further, agreed by and between said cart' s that rile sctespt tt+�f �' flier �i flt o 31 i f j`1 0-is
<br />ci; �rt� ct, or the vtiyra€ult th rcof, shall' not constitute a waiver on the part of tits.
<br />icl1.k of fi13i4 cojlfraet 11or shall it release said contractor or the sureties ntl iris hood tot rile dlijt ill f f f
<br />a# ci ll F >x,�, tint -4101 flit aceeptance be prima facie evidence of the perfOrilxi411e0, Of i if pf=dlflMM of f is
<br />cg;ii:; r.l, e cept to the eNient of entitling the -contractor to the confrart price the€'efdf- j
<br />rl iti: (-,wltr ae.$or agt e.e to pay for all labor and materials used or furttisited tti ht ti4d jft fhd ff h ifl 0l
<br />fww- impyove-111f=:nt and in the performance of this contract, whether done or furnished tOf hiffii of his wwtt!
<br />Ai tgt1e@, successor or subcontractdr; and the city may reserve out of any allowuftee i id# o#t fifty L a4e
<br />in f�'gr of the @ontractor of , assigns, or out of the amount due him or his 66919fli OPM the MmOtiaA
<br />of the work, go Muct as Ma cessary to pay all laborers or materist tnett for Awdiotto a Wilhim
<br />W4rk dea% or materials As u ,r ��tishid to be used in the m rfora ,08 of Aff e�if�eet e�rite 4b t ' 61
<br />§wid wWl� amd trig county trcawrcr, acting as city treasurer, tsza retain m ' f6ffetfed ff Pfftef
<br />for paid improvement -to' pay such debts or xmtit the coutraato ' shoivs, t st omy We 0�
<br />,` cc; = a.e s'to rent w a41 ru �oash. earth, and urinsed material in the streets or sides thcrL�,:,
<br />4por+ the completion of the improvement or the repairing thereof.
<br />The work of ,making such improvement shall be completed according to the ter before e the day of -•........ms of this contract ®1t of
<br />.....:.................................................. 19.........d,
<br />unless the time for the completion of the sar-e shall be extended in writing by the Board of Public Works.
<br />.And it is agreed that any such exten4on of time
<br />ties A. or anv alteration of this contract or of the manner or nteth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure.
<br />It is agreed that the contractor shall not assign this f , ; -r? ct. or sub -let the work or an am.
<br />be done heretirider; withoa,r the writ -en zo-,; ,nt of the Board } P;-hi;c Y part thereof to
<br />'It is further agreed a rlstipula,ed r1-ictt -'4� e fireside
<br />. a _ contractor shalt give to residents of said city and comity
<br />.preference in the empioym -nt of all later necessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failtire 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 />performed by said contractor the said city agrees to cause the cost of doing such work.to be assessed, col-
<br />lected apd paid to said contractor in the
<br />pes. manner fixed by the statute governing the making of such improve.
<br />dents
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />temis of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
<br />and the rewpective successor or assigns of such parties.
<br />In Testimony Whereof, We, the foregoing named parties, here--
<br />unto.set our hands this 31st. day of July 1923.
<br />CITY OF SOUTH BEND,'INDIANA. JOE A. LUTHER
<br />BY L. B. SLAUGHTER Contraeter,
<br />L. P. HARDY
<br />ALBERT F. HONER ,
<br />Its Board of Public_ Works.
<br />....' r, +,.-. yy,,• .�z.Lt.IC.'.�r�.ir.�.::c s- �.c.caz ,:_z c c�a•
<br />�` 'O •�...'►!7elii�•ft4444.4 4444iCi��-
<br />s
<br />Joe A. Luther
<br />%91 :+.et_t-14
<br />� t tit,:.4�✓ ii 1
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<br />o sa tie
<br />Witnesseth, that, the contractor covenalts and agrees to _tl�
<br />ionstrutt water connections on Wayne Street from Eddy Street, to Sit. Luis
<br />Blvd. in the City of South Bend, Indiana at and for the Foll®wing prices:-
<br />....Q .w4ter .connections on long side, each ........$31.00
<br />.k....3.wster.eenneetions on short side, each ........ 23.00
<br />c..,.d to perform all 9vorlt ;fn the prosecution of said improvement under and according to the tennis and can.
<br />i ions of Improvement Resolution No. 1228 ..._-_. adopted by the Board of Public Works....._,Iadk,Q..,S,..� 1923 .
<br />ilj d the plans, profile and specifications on file in the office of the Department of Public Works, which sand
<br />resolution, pl°ansi roftle and gpecifica.t!Qns are made.a part hereof�as fully and effectually as if copied and
<br />et out herein .at full length.
<br />Tile contractor further expressly covenants and agrees. that in the prosecution of'said work all proper
<br />drill acid Bare will be exercised. that he ,=;ill prop r' T - al-: p_-o`ect all excavations and dangerous places,
<br />andwill use all due and proper precaution tc prev , at in}ut t3 my person or pro^erty that in the event of
<br />any injury or damage resulting from the won'- or resultirc from a;tv matter or thing connected therewith or
<br />arising therefrom, to any person or property, he v=+li rav ar,? liquidate the same at his own expense, and as-
<br />sume the liability therefor; and in the event of any claim.. or claims being made or any action or actions being
<br />broltght against the city by reason or on account of or growing out of said work or its, construction. the said
<br />contractor will at his own expense defend the same, and will 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 cost,
<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 contractor of the 1pendency thereof,
<br />6. city shall any judgment rendered against the cishall be conclusive against the contractor and against the surety,
<br />4M fins construction bond, as to th- amount,_ liability and other matters pertaining thereto.
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