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<br />i,o t•Ike,sc�r;cractbr agrees to maintain said itapKovenient and ival,e suchrepairs as may be necessary fw
<br />the er'od and its the manner as fixed by the e�tio?�g ci $ and 0secure the mainteuance .�nd'repair thereof
<br />to e with tlse Board of Public Works a bon 'with, W%ly— tWeon and in an asxlottht as fixed by .
<br />t n bored shalt be
<br />piieeifiGatiAns. And in doing such repair work the eontmttor AM ` e MANAT 9P Ms * . e
<br />pltl�jew to the &awe liability to the city and any other er%oti for aim i11j4y. or OMAK6. VB Ry Pars9 or �rop-
<br />erty ltx the same manner and to the same extent its is fixed in t!hig 144t prtee # PiifitiF& fgVfy-ln 0� eon-
<br />ftruc,tion work, s
<br />And it is further agreed by and between said rartltee that the flebopt; kt, of the fif h
<br />f0vid@4 fqf 1n f
<br />ep itra.ct or the payment thereof hall not constitute a W(Alver oti tlld pot of th@ elfy d hil .. � f
<br />contract, nor shall it441
<br />loup of tllaia rE,lsease said contractor or the dtiretie� tiff ills tibiifj jbf' t i t#
<br />at -ice thereof; nor shall the acceptance .be prima facie evidetiee tit fife pt!d(Ifflittiee W gif jli'8iliil)h 8i
<br />e,ontract, except to the extent of entitling the contractor to the etifitfite} pfirt* 010fddf.
<br />The contractor agrees to pay for all labor and materials used or hirfilsiied tb be iftixed 10 idle �41 M di
<br />aunt improvement and in the performance of this contract, nether d(yfie tit ItititlsifM r- hfifif of 0 fit,
<br />assignee, successor or subcontractor; and the city may reserve 6tit bf ttiy 4111wichee i lade off off, a hfdii
<br />fin favor of the contractor or t assigns, or out of the amount due pith tit h1i fl 9ffs ttpdtt f e p � #
<br />of the work, so much as mat cessary to pay an laborers or v1stetigi Meli ' timbfttdo
<br />work dour or materials usea Qr Yurnished to be used in the pertortnafW Of 06 eftt0di; Att iv ll fig
<br />said w9 k, and the county treasurer: Ming as city treaourdrf Moyo fetal t hi6w s;1 jf:ted tot" of&
<br />owttlrs assessed for Said improvement to pay such' debts or umil tk iObtfadta A6*0 th4t t &my hiWal l ei
<br />Daid tv satisfied
<br />i.> remu - -iEt rn',' sn, earth, and unused miter-lal lit the ttreQt8 (W 81d@% vlwy`-q
<br />Upon the completion of the improvem nt or the repairing thereof.
<br />The,work of making such improvement shall be completed according to the tent s of tMa ttllAtfatt 011 to"
<br />before the--------------------------------------------------------------- -- -----day of..... ; a •vsre evzx an:nt ci
<br />unless the time for the completion of the sar e shall be extended in writing byth@ Poordaof Public ���4 so)t
<br />And it is agreed that any such exten�ion of time; or any alte"r,. inn of this contmet or of the it wtttcl' 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,�he contractor shall not v ssign this cor tract, or.sub-let the work or city part thcrtof to
<br />be done hereunder, without the -vriv-en con.-_ nt of the Board of Prbl+.e Wrrks,
<br />it is further agreed and stipulated that t'ae contractor shall give to residents of saki city, need cowity
<br />preference in the employment of all labor necessary in the performance of this contract, and fatiitig to do sbt
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the ternis and conditions of this contract, and things to be done find
<br />performcd by said contractor the said city agrees to cause the cogt of doing such work to be assessed, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such improve-
<br />3aents.
<br />To each of the conditions and stipulations of this contract, including all and singular the prtlVsg ono And
<br />ters;is of the plans, profile, specifications and resolution aforesaid, the underoigned binds himself or itself,
<br />and the ra._-dective sucecssor or ass ,gns of such r.artsec.
<br />In Testimony Whereof, We, the foregoing named parties, hereunto set
<br />our hands this 31st. clay 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 />PubI.I.c Im, provement Contract
<br />z
<br />THIS
<br />7�AGEMONT, We acid entered into this
<br />ii'�i eye�sbLl �►'�Xfe.-+ /r=r�_P_a.r.. i e�. 1.�.t.te.®.� by and betwou
<br />William H. Burke
<br />St. Joseph a state �' Indiana �
<br />e.s-��s e,. .. es ♦.w-x J'. .rs rtt#Ils�.fd
<br />; rei.nafter deferred to as the "C�ritraet �' . ' �
<br />the County of St Joseph, and State of Tnd 5 * �:�#
<br />*pr ks (hereinafter referred to as the s s ��s s .�1F @
<br />he General Assembly of the State of Indiana, antiVed 'AnAdf OW&MUMM&
<br />Va Corporations approved.March S, 1905, and #Lop,
<br />motet thereto:
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />water connections on Tonti Avenue from Lafayette Street to Iroquois Street
<br />at and for th4 . fellowing prices:-
<br />6 taps on long side. each $35.00
<br />18 taps on short side, each. 23.75
<br />to perform all work in the prosecution of said improvement under and according to the terms M-pd a®n
<br />dif ions of Improvement Resolution No..1,JQ�5 . ............ adopted by.the 13oard.of Public Works_..bd�r._y 15th . ,1.923.
<br />and the plans, profile and specifications on file in the office of . the Department of Public Works, which said
<br />5 e solution, plans, profile and specifications are made a part hereof as fully and +'effectually as if copied and
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care will be exercised; that he z.vill proper'=.- .;:�r a d l._:ot^ct all excavations and dangerous places,
<br />and Nvill ttse all due and proper precaution to prev-eat injury to --try person or pro^erty; that in the -event of
<br />an7 injury or damage resultingfrom the wor'= or resultingrfrom any Tratter or thing connected therewith or
<br />arising therefrom, to any person or property, he i=»ll nav ar-i liquidate the same ai 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 />brotight against the city by reason or on account of or growing out of s mid 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 "pendency thereof,
<br />then any judgment rendered against: the city shall be conclusive against the contractor and against,the'atirety
<br />an his construction bond, as to tb ancient, liabirity and other matters pertaining thereto.
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