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Tuesday May 22nd., 1923, Colatinued
<br />PUBLIC IMPROVEMENT CONTRACT
<br />This agreement) Made and entered into this 22nd. day ff May 1923,
<br />by{and between Joseph A. Luther of the Counter of St.- Joseph and State of Indiana
<br />(hereinafter referred to as the a Contractor } , and the C� ty of South Band, in the
<br />County of St...Toseph, and State of Indiana, by and .through its Board. of Public Works
<br />(hereinafter referred to as the." City"), under and by virtue of an Act of the General
<br />Assembly Of -the Sts,te of Indianan, entitled ". 'An. ActL Concerning Municipal. Corporations,
<br />approved March 691905, and all amendatory and supplemental acts theretet-
<br />wihnesseth,
<br />that;i,he contractor ceve`ntants and agrees to{ construct;, waaar conneetiens .ou ©hi♦ Street
<br />from Carrell to High - St. in the City of South Bend, Indiana at and for :thefoll*wing
<br />prices s.�
<br />water connections on tong side, eaek no -bid.
<br />Yon -Shoe, .s1de • e&oh .. ..` . 21.00
<br />sand to perform all work in the prosecution of said improvement under and aceorMng to the terms L amf C**-+
<br />hitiGh of'Improvement'Re"soli tion No. adopfedty the Board of,Publie W=*LADr11 1891923.
<br />and" the plans, profile And specifications on toile in the ofTice of the Department of Public Works, w feti sat
<br />fesalution, plans, profile slid specifications are made a part 'hereof as fully and effectually as if ppp. d and
<br />set 'out herein at full length: ✓
<br />The contractor further: expressly covenants and agrees that in ifie prosecution of said work all proper
<br />Aiill an l:care 147Till'be exercised, that he -�i-1 proper' �r `'' r ' d p- o+' ct a'll excavations and dangerous places,
<br />-and will u'se altdae°ar.d proper preea+xtion to nrsve + inj+ary *o ,r.y person or prof -urty; that n the event Qi
<br />any injury or damage resulting from the wax` or res=a.l+i Eton: o;w ?r ltter. or thing connected therewith or
<br />Srising.therefrom,`to,any person" or -property, he �it ray at -1 iic�uids.te the sane at his own expense, ard.s,s-
<br />sume the liability therefor; and in the event of any t ir'.i or claims being made or guy action or actions beir.'
<br />'fironght against the city by Yeasou ott on account of or.growing out of d .vror'� or its construction -tr - said
<br />contractor will at his own expense deferd-the same, and trill pay any judgment recovered therein and w 7t i in
<br />.911 respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, -
<br />expose, psi�rment or judgment recovered in connection with such claim or claims, action or actions.. A r1..: f
<br />within, ten days after any such action is began, the city shall notify: the contraci or of tL�pPr_r• _:.cy ther -,;,
<br />fhcn any judgment rendered against the city shall be conclusive .gainst the contractor and against the surer 1
<br />on his construction bond, as to th amount, liability and other natters pertainirg thf reto.
<br />4 i• 5' �,u-ziia _ain s, c: }t;:yr� ..ii.c'kkt u *L=: ,
<br />i c �..
<br />Q� Aim-~ *W iy ei icVAiQng,, �� S tuit<Lh� t�tllt�te � �a ,
<br />. � df > arm y tbe ws ou tb
<br />1up �Wx i wi* #&kj to tim City =y 011KT tat 4Vi* oe * �►
<br />. ' > to As sa>r "tent as is iz in the ' 1, I
<br />Rof
<br />� to
<br />010
<br />ff #grn4 by sad tetween said parf es that the xft*pt►tt0 hf th*
<br />6 tie#if th@-re@f, shall not constitute a waiver on the part of tht
<br />fiof §hall It ridcaAe said contractor or the sureties an his b0nti
<br />§hidt ° fh@ ue-pptAtice be prima facie eridence of the parfartuline
<br />the aura"* At e41t4lin the contractor to the ccmtrae r#sfi Asol
<br />P@@@ t® pay for all labor and materials used or 1=16
<br />titll ill th@ @rformance of this contract, whether dottm of
<br />@l ghbwarlraetcr ; and the city may reserve out of arty
<br />ilfatter of 1,,4 asaigrta, or out of the amount dub him or
<br />i tl�§ fftk..-masary to pay all laborers cos' materizi M
<br />§ wk t titraiahed to be used in the paforthaW t
<br />!}a tti akCt Ta vxtiu;g as city treasurer, sna Mile
<br />!p ; � t t-at %o, M such debts or to til &e e4wrA
<br />�h
<br />e ty ,
<br />JMA � f t�� j1t_
<br />tot t t, t
<br />out&—
<br />.ie cAov-a _ er og ees to remo- � all rabbish. earth. and unused rAateria l In At Ameft a ,n OR
<br />moo. the Completion of the improvement or the repairing thereof.
<br />Tile work of making sash improvement shall be completed according to the tams of thh t tt-lt0 OR 10
<br />Wate,tote., . .. .............�.. - -- — day of------ -- ...... ....... ....., --� _ ..
<br />iltntofte- the tiros for the completion of the sane shall be extended in writing bytheBird @f pubfif %,
<br />And it is agreed that any such extension of time, or any alteration of this c�titraet or of th@ Mgltll@F or wths
<br />ad of doing much work shall in no way affect the duties, obligatious or liabilities of th@ @ontra@tar or hil 4UPP
<br />ties,
<br />It Is a*re.ed that the contractor shall not assign this •csrr tract. or sub -let the work or say part th@r@®f t@
<br />be done, %troundeur without the written cons ---,it of the Board of PAN Works,
<br />It is further agreed and stipulated that tic contractor shall give to residents of said elty afld @qVttty
<br />prefe>r@tice in the -employment of all labor necessary in the performance of this coot€act, and f9lliftg t@ dry sot
<br />she'll forfeit to the city the sum of ten dollars for each failure to observe this sdpulad6ft.
<br />.And upon the performancA of all the terms and conditions of this contract, and thiftgs t® b@ &10 ate
<br />10erfet�a ed by. said contractor the said city agrees to cause the cost of doing such work to b@ its @ d, Wf=
<br />Gte€f &Ad paid to said cQntraetor in the manner fixed by the statute governing the making of §wh ifftpfoy&
<br />wa nts>t:
<br />To eAdt of the emdli ions and stil n a"s of this contract, including all and sin ular the VfMrioft§ grid
<br />,Wruta of the plans, profile, spe€ifccations and resolution aforesaid, the under#igtted�hiftds hl��if Q>i It§cif
<br />"4 tho vvpcctive successor or assiWs. of, stich. oa rtier:.
<br />IN TESTIMONY WHEREOF, We, the foregoing named parties,
<br />hereunto set our stands this 22nd. day of May 1923,
<br />CITY OF SOUTH BEND, INDIANA. JOE A. LUTHER
<br />BY L. B. SLAUGHTER . . Contractor
<br />L. P. HARDY
<br />ALBIMT F. HONER
<br />Its Board of Public Works.
<br />
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