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PUBLIC IMPROVEMENT -CONTRACT.
<br />THIS AuREEMENT, Made and entered into this 1 th.. day of June 1920. by and
<br />between Joseph Luther of the County of St. Joseph and Siat,& of Indiana (hereinafter
<br />referred to as the " Contractor"), and the City of South Bend, in the County of St
<br />Jos elhh, and State of Indiana, ,by and through its Board of Public Works, ( hereinafter
<br />referred to as the " City"), andettatd by Vt *tuf -apf an Ant of the -eneral Assembly of
<br />the State of IndUxa, entitled " An .Act Concerning Muniripa,l Corporations, " approved
<br />March 6* 19059 and all amendatory ernd sup lemental acts thereto: _
<br />Witnesseth, that the contractor covenants and agrees 'to construct pipe
<br />sewer in and along Div is ion Street from MeadeS craet to Olive Street, in the City of
<br />South Bend, Isid Tana at e,nd for the following pr ices : -
<br />6i24 tin 'feet of 18 inch pipe sewer, per tin ft... ........7,�5
<br />88 lin. feet of 8 inch pipe sewer, per lin ft...:.......... 1.30
<br />306 lin. feet of 6 inch pipe sewer, per. lin ft............... 1.75
<br />.20 manholes., per tin ft. ........,................15.00
<br />2 st grin water rates each ] 5 00
<br />g f ....
<br />2 man holes, curbs, and covers, es,ch.... , .....'........... •„.3:0. Op
<br />lin. feet of 8 inch house c onnest ions per tin- ft.... , 2: 00
<br />and to perform all work 1n the prosecution of said improvement under, and according to the terms and cue»
<br />ditions of Improvement Rcsolwl;lon No. ...... U9 _.... ., a ted by the Board of Public' Works.... March, 2�9I920.
<br />and the' plans, profile a.nd, specifications on file in the ofl'ic of the Department of Public Works, which' said
<br />resol:utioh, :plans, file acid specificatigns are made a part..hereof as fully' and `effectually as if copied and
<br />act ou herein at full length.
<br />7be:contractor further expressly covenants and agrees tba-t`in the prosecution of said work all 'proper
<br />skill and care : i'1 be exercised, th7t he 11 p-on - 1 p o_^;t all excavations: and dangerous places,
<br />and ,.rill use all due and pr,oer pr3calztion to pr_v. t injury to person or t
<br />A"y p ....:y; ttiat'i�l .ha event 'ram
<br />any injury or d.ama.;e resulting from the w-)ri: or res t'i-go from "2tter Or thing b
<br />arisingtherefrom t c t 'y -onr...:cted thereivi T' or
<br />o any per..-i or property, Ma rr ll nav a.r�l licuidate the sa-me,at his own expense,. and; as sume the liability therefor; and in the e vent of airy clairl'or clairis being .made or any action or actions being
<br />bro°.fight against the city by reason or on account"of or, growing out of said worl,- or its construction, the safd
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />all -respects fully indemnify and,save harmless said. city, its officers, agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection with.sucll claim or claims; action or actions. And f
<br />within ten days after any such action is begun;. the city shalt notify the contractor of t1aependency thernf;
<br />the"I any judgment rendered against the city small be conch-tsive against the contractor and against .the surety
<br />on his construction bond, as to 0 smount, liability and other matters pertaining thereto;
<br />4 04 fionfrActor agr'ees.tq xn-aintain said improvement. and make such repairs as may be necessary fo,
<br />�e PeAsd and #4 4ke in¢nuer 0,0 fi=d by the OP Pcifications, and .to secure tie maintenance ai'id gepair thereof
<br />to.file b3iM ft ROA-td of Public W"ks a band with sufficient surety thereon and in an amount as.•fixed_by the
<br />A04 fin 4oing lain t- pail work the contractor and the surety on his g7uarantee -band shall be
<br />007Ject 0 tf}e gaj- Ae- Ifab#lfty to the ,city and any .other person for any trtjury or dar"ge to any., n or prod-
<br />ert } thii �a a anne Rnd to the came extent as is fixed in: the )last preceding iparaggph covering the. cots- ff
<br />r$tr00ion wpru,
<br />ft l;e further Pffregd by and bcfwecn said parties that the acceptance of'the worlt rovided for in'this
<br />oo±itr'aat, or the payment thtres f, oh -all not constitute a waiver ort the part of the city. o any'of the provis-
<br />iols$ of this f-Pntraet nor §hall it rcleaNe said contraetor_or the sureties on1is bond for the faithful perior ',w
<br />atce thereof nor small the acceptance be prima facie evidence of the performance'of any provision of this
<br />cgntrast, t+7-Cept to the extent of entitling the contractor to the contract price therefor.
<br />Thf Q9J1trAQtAr 11 racs to pay for all labor and materials; used or furnished to be used in the making of
<br />$uch 1mEr9yemct4 and In the performance of this contract, whether -done or furnished for him, or his ag°ei,t;
<br />asigue�j <l a@;for or subcontractor;. and the city may reserve out of any allowance made on any estimate
<br />�p >t PF-9f°the contractor or assigns, or out of the amount due him or�his assigns upon the completion
<br />pf the wgrlf;,gg Xit-t &8 snf >cessary to pay all laboreA or material men for amounts 'due them for
<br />doh ®r Inatoriah urged Qr urnijhed t4 be used in the performance of this contract and the doing of
<br />90 wen; *and Ili uVwI' t're'aSt ref, actlztg as city treasurer, may retain money cop cted from property
<br />3W1zFFs a$se$d'1@r�2i�t>tn>tsav@mint t� key such debts or!11,zil'the eo,a.tactor s'�.otive that they havelte!tst�
<br />paid er fAYlch®t1
<br />L ne co.. t-•a -c ag-. ees to remo- 2 all m ;7-):sh,: earth, and' unt:sed material in the streets or sides Ou-rr al
<br />upon the completion of. the improvem3--it or the repairing thereof.
<br />The work of making such improvement shall be conipleted according to the terms of this egntract on or
<br />beforethe--- --------------------- --------- --------- - ----------------- day of -
<br />, 19._.....:..,
<br />unless the time for the completion of the sar e shall be extended In writ:..g by the Board of Public Works.
<br />And it is agreed that any such e�ctension of tine, or any aiterla*ion of this contract or of the manlier or rneth-
<br />od:of. doing such work shall in no way affect the dutie$, 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, witho, t the ti it -en co:._ t of the Boa .d of Public Works.
<br />It is further agreed and stipulated that s> cbrntractor hall give to residents of said city and county.
<br />preference in the employm..nt of all labor necessary in tile performance of this contract, and failing to do sip,
<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 and conditions of this contract, and things to be done and
<br />performed by said contractor -the %md` 0 ag44les to cause the cost of doing such work to be assessed,,col-
<br />lected and paid to said contracts the mannerixed by the statute governing the making of such improve-
<br />ments.
<br />To each..of the conditions and stipulations of this contract, including all.and singular the previsions arid
<br />terms of the plans,. ��rf Vie, specifications and resolution aforesaid, the undersigned binds hiffiself ar itself,
<br />and the respective successor, or assigns of such parties:
<br />In Testimony Whereof, Gee' the foregoing named parties, hereunto
<br />set our `hands this l6th, day of June 1,920.
<br />a JEELUTHER,
<br />CITY OF SOUTH BEND, ' IND'IA1vA. Contractor.
<br />BY HARVEY F: ROSTISER
<br />JOHN F. DEHAVEN! _ Its Board of Pub is works:
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