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CITY OF SOIITR RIND, TNBIINA.
<br />BX _qA.RVEY-F:: 'R08TISER
<br />JORN F. DEHAVEN ,
<br />Its Board of Public Works.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />JOE LUTHER, Contractor.
<br />THIS AkaREEMENT, Made.and entered into this 22nd. day of June 1920
<br />bl�y and betweent Joseph Luther of the County` of -St: Joseph and State of Indiana,
<br />(hereinafter referred to as the " Contractor"), and the City of South Bend, in, they
<br />County of St. Joseph, and State of Indiana,, by and through its Beard of Public
<br />Works , (hereinafter referred to as the " City"), under and by virtue ` of an Act
<br />cif the General Assembly of the State of Indiana, entitled " An Act Concerning
<br />Municipal -Corporations, " approved March 6,1905, and all amendatory and supplement&
<br />acts thereto: - v
<br />Witness eth, that the contractor covenants and agrees . t o _construct
<br />water connections on College Street from -Lincoln Way West to Vassar Avenue in the
<br />City of South°Bend, Indiana, and. at ° and for the following prices:-
<br />14,water. taps, oho the. short side, each.....................�2i.25
<br />10 water taps on the long side, each..... ................ 26.37
<br />-_: to perf'orm all wort, in the prosecution of said improvement under and accordfug to the terms and con-
<br />d*bons of Impro—'r-ert R-•snl+ition No. ._7Q3_ -------------- . adopted by the BQard of Public Works.__X&Z lajJ920•
<br />and the plans, profile 2rd specifics+ions on file in the office of the Department of ?oulblic' Worksi wf+ictr said
<br />r ludo ., pla:n.s, plof'e and specificatirons are made a part hereof as fully and effectually as if copied and
<br />set out hsre;n at full le_n_nth. y
<br />e contractor further expressly covenants and agrees that in the prosecution of said work all vraper
<br />,.;Il s ' ' d care 1 be ey rose. ; th he 7--1 1._ all excava. idangerouspons and laces,
<br />.; ....�
<br />and ° , t, Yise a'j d',,e 2 d p�c->er pre ^"`?on to pre' ;* i(iiw- to r_y person or Frc,.•erty; drat i-i event ref
<br />• a :y init?ry or (1-mn -e resulting frcm t17"Dr'_ or from: a^v 7-_'ter or thin- Con _ tx d tll'rC'14_ � or
<br />arising thee' from, `.o any per-! or property, h,� 11 .,ny a-1 li-.1.idate the same at his own expense..anrl;ras-
<br />s,'n e `he liability therefor; and in the even, of any, clam or claims b-;ng made or any action or actions b =-C
<br />bro_ght against the city by reason or on account of or growing out of E'd vnor':. or its construction, s
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and is
<br />all respects fully iru: mnify 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. A--d f
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendercv they' f,
<br />tbt-n any iudgment rendered against the city shall be conclusive against the contractor and against the si?ret.y
<br />can his construction bond, as to tlA amotmt, liability and other matters pertaining -thereto.
<br />� �' t)El c€3s rs: ctvr gref� cu 'f '4Vin &':d i;r5" fci'd .1.: ._L c- -u 1 Fc Jl' It r., :rt
<br />� Ylad Brad to the masrtrner as fixed by the soecifYca_ions, and to s'-c-re. A. ile la I2iC IiitLG t�l=�l
<br />rya %ace V.1st>h t'tc Boa-rd, of Put)tic Works a bond -%,th sufficient surety thereon. and in an an mu k•t LAti -c° t by 4 ,
<br />sz•r, i nc, ti sns, And -it i doing such repair work the contractor and the surety ou has gu aaa"Itce N<,; •._ sl li.l 1°4
<br />Al'fje t to the sortie liability to the city and any other person for any injury or t1aY, gag to aaly pE3tz i 1'
<br />it) fide satirern tnaner and to the same extent as is fixed in the last preceding per gaEtllll r•clvc !1tg it . �
<br />stftie°•tImi wcr'lc.
<br />�i!d It is further' agreed by and between said parties that tl e 2c ellW.lre Of the, N701'it
<br />or the paynicat th:rcof, shall not constitute a wain I' o11 the pt. t of the Cllk' 0( 0 ), i 1 lw
<br />i-w;:ri Pf this contract, nor shall it r .lease said contractor or the sus-L'Lies oil his boi�d for t1le fal ,:lLtl lr
<br />thortof , nor shall the acceptance be privaa facie evidence of the performttrtce of ally PIMwioli
<br />n;;IIl?1l?t, except to the e.•:tcnt of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the iilal 1 k Ul'
<br />nieh Improvemana.t and in the performance of this contract, wh6ther done or furnished for hini, or big,
<br />apocessor or subcontractor, and the city may reserve out of ally allowance rilade on aii etlhil 't.l
<br />In 0vor of tho contractor or ' assigns, or out of the amount due hirn or his assigns upon thg t:ar,�l,letien/r
<br />of ih- vGarin`, t'o nnwh &s rt'nr cessary to pay all laborers or ma•teriai rnen for parnount$ due th0rr, foot
<br />w'Arfc d ae carrtnaterials useu c, _arllished to l;e use i in the perfoYt(-atice of this contract and the doll ,g' of
<br />wQrr <' � d va(k t:l.)4 air tr...;4; tr' V'*tr=1g as city treaSLrer' S:lay retail njolicy (fii .:fed fTditl t)rf11)tl�.
<br />ik$-tv,,,d for said rr2jprQvc*. vnt to pay such debts or timcil the co;,.ti ar"Cor €1l vJs that they hifyo hi r '
<br />to resno all rn`;'-)-sit, earth, and utl+zsrd material in tli streLts UY
<br />Yin the completion of the improVF•rn -at or the repairing thereof.
<br />The work of making such improvement shall be comuleted according to the terms of -this contract on or
<br />Sefore the ............................. ----- _------------------- -------- --------.day of. . ----- .......................... .................................... 19........,
<br />.,
<br />unless the time for the completion of the sa^e shall be extPn01ed in wr;ti-,-:g by the Board, of ,Public Works.
<br />And it is agreed that any such extension of ti, or a^v al*c_ `ion of this contr1act or of the manner 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 the contractor shall not assign this contract, or sub -let the work or -any- part thereof to
<br />be done hereunder, without the writ -en core ant. of the Board of Public Works.
<br />It is further agreed and stipula`ed that -'0 ! contractor shall give to residents of said city and county
<br />preference in the employm•=nt of all labor necessary in the performance of this contract, and failing to do so,
<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 terms and conditions- of this contract, and things to be done and
<br />performed by said contractor the said city agrees try cause the cost of doing such work to be assessed, col-
<br />1 ectedd and paid to said contractor in the manner fixed by the statute governing the making of such improve-
<br />aents.
<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 itF,<=1.f7
<br />and tht,..respective successor or assigns of such parties.
<br />IN TESTIMONY .. OF , We, the foregoing named parties, hereunto
<br />set our hands this 22nd. day of June 1920.
<br />CITY OF SOUTH BEND, INDIANA. JOE A:e, LUTHER
<br />BY HARVEY F. ROSTISER Contractor.
<br />JO HN F. DEHAVEN
<br />Its Board of Public Works.
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