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<br />PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AuREEMENT, Made and entered into this 22nd day of June 1920.
<br />by and between Joseph Luther of the County. of .St.. Joseph and State of Indiana (herein—
<br />after referred to as the " Contractor."), and the `City of South Bench, in the County of
<br />St. Joseph, and State of Indiana, by and thr ough =its: Board of Public Works, (hereinafter
<br />referred. to as the " City"), under and by u irtue of an Act of the-eneral Assembly of the
<br />State of Indiana, ent it led " An Act Concerning Municipal Corporations, " approved March
<br />6th. aaZA 1905, and all amendatory a d supplemental acts thereto:
<br />Wi•tnesseth, that the contracto, covenants and agrees to construct ,water
<br />connections on Dayton Street from Michigan Street to Miami Street, in the City of South
<br />Bend, Indiana at and ,for the fallowing prices:,.
<br />25 taps ondshort side, each,.... .....: ....21,50
<br />29 taps on long s ide, each.. , ... ........ 25.93
<br />a ici to perf®rixi° itil°or °isi `t: i prosecutioniE 'said improvement under and according to the terms and con-
<br />ditions bf Improvern'ent iz�io.1lt 0n 14; ., 704 ..., adopted by the Beard of Public Works. M—ay' .12s..1920.
<br />and the plazas, profile and sp�.cifica*ions.on file i 1 0- office of the Department of Public `Works, which said
<br />resolution, plans, rofilA aid specificati;pns are mane a part hereof as fully and effectually as if copied and
<br />act out herein at length.
<br />'!-,e contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill avd care wi`l be exerciseld; tr..•. he "! ^-opa= d 1, o`^et all excavations and dangerous places,.
<br />,and , ;Il use all due and prooer pr "',.ttG i to Or 't injv �: `l 7r:v Ddrson or 1. ^ rty; that in the event •Qf
<br />airy injury or damage resulting from the vr,r": or front a v r- tter or thing corinectPd therewith or
<br />arising therefrom, to any pers^-i or property, he 1`11 rav arA lic•-i'date the`s>•_.e at his own`, expense, and as-
<br />sume the liability therefor; and in the event of any cl.a r-r or claims be;ng made or any action or actions being
<br />brought against the city by reason or on account of or growing out of &-d wort: or its construction, the sa;d
<br />contractor will at his own expense defend the same, and wiil pay any judgment recovered therein, and will in
<br />all respects fully iti&.mnify and save harmless said city, its officers; agents or ;representatives from all cost
<br />expense, payment or judgment recovered in connection_wlth such. claim or claims, action or actions. And
<br />within ten days after any such action is begun; the city shall notify theicontractor of the pendency thereof,
<br />then. stay judgment rendered against the city shall be concitisive against the contractor and against the surety
<br />an his construction bond, as to 0 , amount, liability and other matters pertaining thereto.
<br />And the contractor agrees to xnaintain said imt;rovement and inal:e such peAairs as inay be necessraq i,,I
<br />the Varied and In the, Manner as fixed by the soecif cations, and to secifre rae maintenance and repair thereof
<br />to file with the Board of Public Works a bond witl sufficient surety thereon and in an amount as fixed by the
<br />sp@dfiicaticns; And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the Barrie liability to the city and any other person for any injury or damage to any pens 1 a or prop-
<br />erty In the same manner and to the same extent as is fixed in the last preceding paragraph covering the; et.
<br />stnictlon work,
<br />And It is further agreed by and between said parties that the acceptance of the work providr-A for i_r {
<br />coiltt'set, or the payment thRr; of, shall not constitute a ,waiver on the part of the city of any of Li : l; ' r
<br />loi.s of flue contract, nor shall it rclea..e said contractor or the sureties on his bond for the fa.ithftil
<br />or!t!e lhereof; nor shall the acceptance be priina facie evidence of the perfoiinance of any proviaioii of S!
<br />contract, exotpt to the ex -tent 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 rna.ldwg o;
<br />gue-h Improvement and in the performance of this contract, whether done or furnished for hirri, or his a.� E,
<br />as€igaco, successor or subcontractor, and the city may reserve out of any allowance t ad.e on aiiy @y` iS7t i i;
<br />In favor of the contractor or ! '- assigns, or out of the amount due him or his assigns upoii the coo-itpleticr.t
<br />of the work, so much its ma` cessary to pay all labore<s or rnateriai men for amounts due tD .A.. foi
<br />work flora or materia•1s uses 1:r .arnished to be used in the performance of this contract and the dobig (it
<br />avid worg, @,nd the eonnty treasurer, acting as city treasurer, may retain Worley coita ted front propL" i i-y
<br />fit4�lt@Y8 esacsaed for said irnpruvwswnt to pay such debts or wool-tbf c�,,,t; =r;,�,; t''o.,/s 4 01, tit��' b"6/c, 1,
<br />�ifl � aict�fi�d
<br />z r C. a e�,,igt; : Psi rvl'Ra, earth. aril un+:sed material in the streets or sides the e=oi
<br />iigi?h tllq eait YIP -41 i-�f fife I t olfKttt ..,jt or the repairing thereof.
<br />Lg p @@40, w0fi 8f i��•1-ltri sif-li 1t�iprgv�tttettt slrs,tl be cornoleted according to the terms of this contract on or
<br />bolope 3 '777..... 7 H:7. '.c.x its:a.::a:...........z............day of
<br />�1ag® the fime f f l:h® e�trtpi t!�a of the sa- A s'znll be extended in writing by the Board of Public Works.
<br />d it l§ 119feed fbott sfly shelf t1.'+iten-ion of V-' q, or arm altd,m+ion of this contract or of the .banner or ninth.
<br />W of delhg much Woflt sl 01 1ft flo Way affect the dutias, obligations or liabilities of the contractor or his suite-
<br />Itaii
<br />It 16 ARf0M thAt tb® @outraetor shill not n:ssign this contract, or sub -let the work or any part thereof ,to
<br />hfi d 111hffftlfldaf, Wlth(Vf thl wdt -rt con nt of the Bn3rd of Public Works.
<br />i 111 fh thaf k9fttd AM stlpultled tart 'g.y contrsctor' sh0 give to residents of said city and county
<br />fg areliel la the ®f to m,r nt of s11 labor ne essary in the.performance of this contract, and failing to do so,
<br />hh l forbit to the el y he Banff of ten dollars for each failure to observe this stipulation.
<br />Avid upoft tits peregrltltsEit' at all the terms and conditions df this contract, and things to be done and
<br />OF wed by aald ebatractor the said city agree to cause the cost of doing such work to be assessed, col-
<br />ohto blid Pald to asid 011trattor in the manner fixed by the statute governing the making of such improve-
<br />R� byt &S Ovations and atioulations of this contract, including all and. singular the provisions and
<br />S-411 6 ttt -4, le, speellieattois and resolution aforesaid, the undersigned binds himself or i.ts ilf,
<br />WAIA thq li'"Pivitif k for or asks of alich pxxares.
<br />IN TESTIMONY WHEREOF, We,' the forego ng named parties, hereunto
<br />set our hands this 22nd. day of June 1920.
<br />CITY OF SOUTH BEND, INDIANA. JOE LUTHER
<br />BY HARVEY F. ROSTISER Contractor.
<br />JOHN F. DEHAVEN
<br />Its Board of Public Works.
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