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PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGREEMENT, lade and entered into this 24th. day of :October 1919
<br />by and beteen Joseph Luther of- the County of St. Joseph, and State of Indiana, (hereinafter
<br />referred to as the " Contractor) ), and the City of South Bend, in the County of St. Joseph
<br />and State of Indiana, by and through its Beard of Public Works,` (hereinafter referred tie
<br />as the " City"), under and by virtue of a,n'Act of the General Assembly of the State of
<br />Indiana ent itled " An Set Concerning Munic ipal Cgrporat ions, " a proved march 6,1905, r,
<br />and all amendatory and supplemental act siihereto:-
<br />Witnesseth, that the contractor covenant's and agrees to construction of
<br />pipe sewer in and along Indians Avenue from Prairie Avenue to Webster Street and McPherson
<br />Street, Arnold Street, Webster Street from Indiana Avenue to 20& feet south of north
<br />line of Oliver's 2nd . Add it ion in the City of South Bend, Indiana at and for t)ie f of low ing
<br />pr is as:
<br />800 lin. feet of 15 inch pipe sewer, per lin ft...... .....:$5.25
<br />1605 lin feet of 12 inch pipe sewer. - par lin ft... ........ .:3.10
<br />10 inch pipe sewer no bid.
<br />570 lin. feet of 8 inch pipe. sewer per lin ft ...... .... 1.25
<br />1022, lin. feet of 6 inch conduit pipe, per lin ft..,...... .. 1.00
<br />8 ,5 lin. feet of manholes, per ft in depth. ...........10.00
<br />23 storm water grates, .each ..................:. .... ".......12.50
<br />10 manholes curbs and covers,each.....:.:.°:......:`........`.25.00
<br />and to perforttl all work in the pru.teeution of said improvement under and accordltW to the tertatg and
<br />ditions of'Isra rovenient Rnsolittion-No....t)n.. 1
<br />and the Plans, 7.�file._.............. adoptr� by the beard of Public tjV®r!t®..,.,,� Oct ab er 2191919
<br />resolution, plans, rocit and specifications are m:+de a part heof reof he �aspfully and 00m-tment of 6IR1R11Y as It op! d wid
<br />Oct out herein at full length, p nd
<br />The contractor further expressly cove..nants and agrees th .t in the romectitiati _of' said wot-it 1.11 proper
<br />skill and care ...;+1 be exercis e; th.-; he ..."I ^-�n� , - p
<br />and `r;1 t , ., , „_ �-! eJtpgv�*ibn5 ��d dati�erdti� �i!$Ce5
<br />t La9C 1 a I p ?7er ra t�,�7:1 too JT_:V 11,«y :ry nerEn,1 of ��
<br />p.. ,..,. tn. , s
<br />an injury ctr damr,ge resultin r _,, �' tit +hat t fte event Qj
<br />g fr�rt t t c�re¢'!i�'.,� frry P--v r *+� or th+?1 �O n r4
<br />a sing therefrom, to any egs^z or fl-oparty, hG'All n. v a+, 1 d g Pd tfieYetvit t or
<br />.some the liabilit therefor-; and in the event of an cl r`��atle th` s`'rie at his Own expense, avd.a5,-
<br />y a'r� or el 'ma b. tig tta&d , or any action or actiorl9 being=
<br />brotiight against the city by reason or on a,r.cc� tut of or grdcf,ing out of � �:id work or its ce,tstriieticti, the sa ck
<br />contractor will •t his own expense defend the same, and will pa r any judgtricnt recovered therein, and will it,
<br />all respects fully indemnify and save harmless said city, its o eers, agents or representatives froth all cost
<br />expense, Payment or judgment recovered in connection with s ch claim or claims, action Of actions. And ;I
<br />within,ten days after any such action is begun, the city Shp -It notify the cont
<br />t}?, t+ a +Y jt,d t ent rendered against the city shall be ract®P of the pendency thereof,
<br />conch+.sivc against the contractor and against the s,tIrety
<br />f l , 89 to th tount, liability and other ti latters pertaining thereto,
<br />li-: "Dd a f one t ,suer as fungi by the cnPci.,ca_ic ns, all to s,-C,.re ,.it taiair,tenaii�� a;.a
<br />. Q l r. Witht'J9 BA=rd of Public Wori s a bond `, ;th su" dent urety theree a� and in an amount as fixed b
<br />A_ n4 in ng su—A repair %work the contractor and the sure: y ;be
<br />4"' r'J rt to the'4 -+e liability to the city and any other person for an ;hour )r da..mo- �arantee bond �h�ll by
<br />;;,' ill talc; eaM+s Manner and to the same extent as is fixed is the last precYeding paragraph coany vering g the pt6,{.. sit ,rcfion work,
<br />AM ff is further agreed by and between said parties that the acceptance of the work provided for In ti i
<br />cu.itr et, the Payment th rrc�f, shalt rot constitute a waiver on the part of the -city of any of the
<br />tol,s Of this aontract, nor shall -it rOease said contractor or th sureties on his bond for the faithful petsfoi=i`e
<br />ottre tPtcreoi; trot shall the acceptance be prima facie evide ce of the performance of any provision of thle
<br />fpnti,ant, sveept to the extent of entitling the contractor tote contract price therefor,
<br />`TO 12Pntractor agrees to pay for xll labor and materials used or furnished to' be used in the inaling of
<br />Ankh frrtprgvement and in the performance of this contract, whether done or furnished for him,,or his agent,
<br />AsPiPQar successor or subcontractor; and the city may reserve out of any allowallee rns,de on any estleaate
<br />ill fAvOr of 016 contractor or l', assigns, or out of the atiloui t due him or his assigns upon the coiiipletion
<br />of the worst, No much a$ MR, cessar to a ,
<br />Y P"Y all laborers or rt�e.ter,.�,l trim for ai;ao+state due 'llaem for
<br />wori€ done or materials usea cr +urnished to be used in the erfor; �;;,ce of this coliti-atct and the doing of
<br />lgid,work, and the County treasurer, acting as city treast zero n?"? re+yin rrloney eo"k-, ted from property
<br />OwnOra aaseased for said lrnprovex cunt to pay such deM.n o • t +. • .. , ; , +
<br />t'`-id Ar satinfied ,d r ry:yy dot tlluy h vtl boost
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