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2,62,-
<br />PUBLIC IMPROVEMENT MONTRACT
<br />This agreeslent,' Made and entered into this p2 d. day of May 1923,
<br />by and between Joseph A. Luther of; the County of St. Joseph and State of Iudiaa
<br />(hereinafter referred to a 1 9 -the Contractor") , and the City of South Bend,
<br />ixthe County of St. Joseph and State t Indiana, by and through its. Board of
<br />Public Wet-ka, (hereinafter referred -to -as the " City"), under and by virtue
<br />of en Act of the General Assembly o-f the -Staate of Indiana enti�tlet " An Act
<br />Concerning Municipal Vo_rp•rations," approved Larch 6,I905, and all Amendatory
<br />and supplements1 acts theretot-
<br />1 itnaesseth, that the contraecteraovenants and
<br />agrees °to construct water connections on Poland pt, from Webster Street to -
<br />Walnut Street, in the City of, South BeYd, Indi ansat a d fe the following prit e
<br />"
<br />o A°e . • • e e
<br />GA
<br />_�C]!iA �tl��� � . �'� •".a1 LYYYY'Ltl4 Y3a58YSY � .,
<br />f18#09 90, jshpp �66% odd fors .*we.*we=a e a Part on four "d b*
<br />- '1 tts a lrE further ecpreply wvenants and agrees that � %�ttan f aa1d Ell �ll � �f
<br />.E , 9ti he'll fi op"''v - , d p� ox . a�0&V&tiE�i� AM b ddl
<br />411141A 6 6 � ill be exereised •,din - �
<br />i3fl !�i1li.tis� Arll d4is sfld lis'o�er. resoution tor4 �r. inlvro any psf94t ® f'4t1 # t s. ev
<br />loll 1� ill . or dainag,result:ttg corn the v�r 3r: Qr rPs<±3*irg from a^.v „+ tttlr or thing 0-blthoelo f dl
<br />�itflertfrnru,.o Arty perso-� or property, , �11 oar aril li,4sa# the �sl of 1l ®f! tupehka0m
<br />llllte 11� _,111ty t �re6i -and nt the event of.�nv �airt orelai>tns#ei tide or laf Eih d AOR6il sib"
<br />a�hl�e� � elty by reason or accqusrt �rf cn,�'�'r�� s�ut>� mid t�v� dr�� �ft�tlt#Er�it�ilr ��,�=t1
<br />on traelc 1 _Ike ► defe, t o d d f le# ; ?
<br />s11 pit ta hilly iade ii a am fit. o ei �r >p � t rol d11
<br />�1�1�: tee ayl� h1r , is � Bic a�t�► sb�ail aottf�, rt:�', ef' � �fl �
<br />",�� �� �e��i�� �nd�r�d � �u_ectg tha8-fie cencl`�ssve silst tlt� ��t6t sllt� #f 6a
<br />e�► �� �aetr��t�Qa; �ca�ad4 as to �� amount, �� aard vti�er �t�rs. �per��n��� �ts,
<br />And the contractor agrees to maintain said.improvement and make such repay a ,,niay. "be 'necessaiy` fw
<br />the pperiod and in the manner as.fixe44 the specifications; and to secure the man tetxanre and" repair_ thereof
<br />to £ile with the Board of Public Works a bond with sufficient surety thereon and'in ail amount as fixed. by ifie
<br />specifications. And in doing such repair work. the" contractor and the surety on his guarantee' bond shall, be
<br />&1)bject to'the same liability to the city and any other person far any injury, or'damage to any person,.or prop-
<br />ert;y in the Name manner and to the same extent as is wed in the last .preseding',paragraph covering the, icon-
<br />rtroction -work.
<br />Ai, it is further agrreed by audbetween.said p-art-�s that'the acceptance.of the work provided for3n this
<br />contract, or the payment thereof, sl'ail notconstitute a waiver on the part,of the city of any of the prbvfs-
<br />icaits of this contract, riot shall it, release said contractor orthesureties on his bond for the faithful perform,
<br />aIXre the'ret�f, poi' shall the acceptance be prima facie ei7denbe of the 'performance of any provis}on of this
<br />c`(110j'act,;except to the'extent .of _entitling the contractor to the contract price therefor.
<br />`' hF. agrees to pay for:all labor and materials used or furnished to be used in the making of
<br />Prd in the performance of this.. contract, whether, done or furnished for him, or his agent,
<br />_:.,sor 4nr subcontractor; and the city may reserve out of any allowance made on any. estimate
<br />> 1 of the coijUartor or " stssigus, or out of the aniount due him or his assigns upon the completion
<br />t$0 muck. as ma, cessary to -pay all laborers or materiai. men for amounts due -them �r
<br />work done_ or materials use ter. ,.urnished to be used in the performance of this contract and the doing of
<br />said W..Qrx,y ani the County tr,�wJa rtr% actin as- city treasurer, inay retain money collected from property
<br />owners assessed fir said ttuprovement to pay such debts or uutii the contractor shows that they have bcet,
<br />Maid '-)r satisfied,
<br />e co . La �- dgl ees to remo-- 2 all rubbish, earth. and unused material -in the street& or sidet, there°#
<br />�.;)on the completion of the improvement or the repairing thereof.
<br />The work of malting s�icli improvement shall be completed according to the terms of this contract ett
<br />l.efors the__ _ time
<br />__.-dav of -
<br />And _ of
<br />— - - - ._._�....._.........:...
<br />unless the time for the completion �of-the same shmll be extended in -writing by the Board of Pub1,c Worle8.
<br />it is agreed that any such extension of time, or any alteration of this contract or of the manner o ' tzietha
<br />,od of doing -such work shall in no way affect the duties, obligations
<br />ties._ or liabilities of the contractor or his sure -
<br />It is agreed that the contractor shall not assign this cr•, tract. or sub -let the work or any part 'thereof to
<br />be done` hereur..der, wi*.hog+r- the writ' en cone--nt of the Board of Public Works.
<br />It is further agreed and stipula*ed thst t'�!! contractor shall give to residents of said city and county
<br />preference in the employmente
<br />of all labor necessary in the performance of this contract, and failing to do so,
<br />shallforfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract. and things to be..done .
<br />and
<br />performed by said contractor the said city agrees to cause the cost 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 />scents.
<br />To each of the -conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the plans, profile, specifications and resolution- aforesaid, the undersigned binds himself or 3tseti,
<br />and the ra-zpective'successor or assi s of cce•�h
<br />IN TESTIMONY WHEREOP, We, the foregoing named parties,
<br />hereunto set our hands this 22nd. day of May 1923
<br />CITY OF SOUTH BEND, INDIANA.
<br />BY L. B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT• F. HONER
<br />Its Board of Public Works:
<br />JOE A LU_11F&
<br />P. F. W.
<br />CoaTtactor,
<br />
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