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F August 1st., 922 Continued,
<br />tl.-ie ror.tractor agrees to maintain said improvement and make such repairs as tray be necessary for
<br />e Y I,od and in the manner as -fixed by the specifications, and to secure the. maintenance and repair thereof
<br />to file with the Board of: Puiiic Works a bond With sufficient surety thereon and in an amount as fixed by the
<br />sp :c.f c;�tions. And ,in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the sanle liability to the city and any oiker persorllfor any injury.or damage to arty person or prop-
<br />erty ill the shier manner and to the same extent xs is fixed is the last preceding paragraph covering the cones
<br />struction wor'.<.
<br />A .d it is further agreed by and between saitl p�.artka tbkat the acceptance of the work provided fdr'iri this
<br />cn:it:ti .ct, or the paynlent thereof, shall riot constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it r(.lease saiai m-mitr for or the sureties on his bond for the faithful perforrl-
<br />c; the;, eof ; nor shall the acceptance be prizis, Jtci,t evidence of the performance of any provision of this
<br />contract uxccpt to. the,extent of entitling the coiiti-Actor to the contract price therefor.
<br />' The contractor agrees to pay for all labor and iaterials used or furnialied to be used in the making of
<br />such irr_provernent and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor;. and the city may reseeve out of any allowance made on any estimate
<br />in favor of the contractor or 1 ;G assigns, or out of the amouilt due him or his assigns 'upon the completion
<br />.of the work, so muck, as maz >cessary to' pay all laborers or inat .riai men #or amounts due them foxi
<br />work` done or materials used or furnished to be used in the performance cif this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, mg4r retain money e®heete� from property
<br />owners -assessed for said improvement to pay such debts or tt>,W the contractor slsows that they have b&, "
<br />paid Or. satisfied
<br />1 :e CC) "'a aSg:'e,'"s to rerno--e all rubbish, earth, and unt:sed n ^tc::al Ill t'":4^, stt'ce,+:`y 0:
<br />upon the completion of, the improS 2mi cat or the repairing thereof.
<br />The work of making such itr-provernent shall be completed according to the tcil�- I.of t`, .,
<br />before the ---dav of-------------------------------------
<br />unless the time for the completion of the sar-A shall be extended in writi g by the Board of
<br />And it is agreed that any such extenQion of tine or any alter,.tion of this ccntracl or of the waniil r of Ir eth-
<br />od of doing such, -work shall in no way affect the duties, obligations or liabilities of the contractor or his stare -
<br />ties. l
<br />It is agreed that the contras*or shall not i.ssi-n this .„ , "rapt, or sub -let the work or any part thereof to
<br />be done here=.-nder, withol - the _ir`e7 co:::; -!t of the 1, i-d of P-'-)1;c Works.
<br />It is further agreed and stinul.-- -ed tl- ,t contractor sg d! g;ve to residents of said city and c: tty
<br />preference in the employment of all labor nec: ssary in the )erlorrnance of this contract, and failing to c'_`. SO,
<br />shall forfeit to the city the sum of ten dollars for each fall -ire to observe this stipulation.
<br />Anc' upon the'performance of all the terms and°conditions of this contract, and things to be done an?
<br />l erfc•n,:,ed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lectc ,Its' raid to said contractor in the manner fixed by the seatute governing the making of such improve-
<br />u, ts,
<br />i s cr.chi of tVe conditions and stipulaticy-s of this contract, including all and singular the provisions and
<br />tern: s of the plans, profile, specificGt.ors and-esolution afc.es^id, thy- , .;:d. binds himself cr itself,
<br />and VnQ r&.,pective successor or zssi <, of sash pasts.
<br />In Testimony Whereof, We, the foregoing named parties, hereuntc
<br />set our hands this 1st. day of August 1922,
<br />CITY OP SOUTH BEND, INDIANA. WM. H. BURKE er H. E. Goheen
<br />BY L. B. SLAUGHTER. Contractop.
<br />L. P. HARDY
<br />ALBERT P. HONER. '
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement_ Made and entered into this 1st. day of August 192:
<br />1922 by and between Joseph A. Luther of the County of St. Joseph and State of
<br />Indiana (hereinafter referred to as the * Contraotor"09 and to City of South Bend,
<br />In the County of St. Joseph and State of Indiana, by and through ltd Board of
<br />Public Works (hereinafter referred to as the * C1ty*09 under and by virtue
<br />of an Act of the General Assembly of the State of Indiana, entitled * An act
<br />Mwk-
<br />corning Municipal 'Corporations, " approved March 69190% and ill amendatory and
<br />supplemental acts thereto:
<br />Witnesseht, that the contractor colrenes ats and agrees to
<br />Place water connections on South Main Street from Indiana Avenue to Ewing Avenue,
<br />Under Improvement Resolution No, 1004, in the City of South Bend, Indiana at and fe
<br />for the -following prices:-
<br />" taps on long side, each $28,50
<br />13- " taps on short side, each 19.25
<br />3-2* taps on short side, each 75.00
<br />axid to p,.i foi rri all work in the prosecution of said improvement under aild according to the teru..s a°, i
<br />ditions of Improvement Resolution No......_... _ . adopted by the Board of Public Works__
<br />OA June.....2f3,1922 .
<br />a.rld the plans, profile and specifics+ions on e I"I he office of the7 Department of Public Works, which snsd
<br />Ye --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 />shrill. and care will be exercised; that he :=11 proper',- - al-d p--w—ci. ail excavations and dangerous places,
<br />stud t-vill use all due and proper prtca+ztion to provent inill-v m any person or pro^erty; that it the event f
<br />.any injury or damage resulting from th2 wort_ or resinti! g from a.r.v 773t±er or thing convected the.retivith or
<br />arising therefrom, to any person or property, he ,:m-;11 nay ar.-I lio-.:idate the same at his own expense, and as
<br />timne the liability therefor; and in the event of any cia'm or claims being made or any action or actions being
<br />brought against the city by reason or on account of or gro-=Ting 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 />Ziff ri-speets fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />e Aptruse, 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 ther^of,
<br />th,-n any judgment rendcred against the city shall be conclusive against the contractor and against the suret., .
<br />cart his r.;..ist.ral%t.ii;:_i t;._. �, as to the an�c.a:'at, liability and other matters pertaining thereto,
<br />
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