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PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGREEMENT, Made and entered into this 13th., day of may 1919
<br />by and between Joseph Luther of , the C ounty -of St. Joseph and Staate of VA- iana,
<br />(here Inafter ,ireferred to d& the " _Contractor%) and the City of South Bend, In the
<br />County of St., Joseph, and State of Indiapa,, by and through, its Board of Public Works
<br />(hereinafter referred to as the .".City" ), underland by virtue of , an Act of the General
<br />Assembly of the State of Indisna, antitl4d "An -Act Concerniig municipal Corporation,".. _
<br />approved March 6,1905, and all amendatory and supplemental acts thereto:
<br />Witnessebt, that the contractor covenants :and, agreas to construct water
<br />c onnett ions on lira 1nut Street fr om D tv 1s ion Street t e Sample Street, in the C ity of
<br />S Out Bend, Indiana at ant for the Poll coning prices: -
<br />Fran Sample Street to Ford Street.
<br />6 water a ennee t ions on the - long s Ides each ............ ... 19.65
<br />..6 water c onneet ions on the short side, 15.50
<br />Or olil Ford. Street to Div is ion Street.
<br />9 water a onnect ions . on the lend s ode, each... 0 19.65
<br />10 water c mnect ions on the short a ode, each............ 15.50
<br />to per:orm all work in the .prosecution of said improvement under and according to the terms and con-
<br />dibiors of Improvement IZp''SAlilttoTi NO: ........ adopted by the Board of Public Works .... MM-011-2-0 1919.
<br />and the plans, profile and. spe:ifications pn file =� the office of the Department of. Pub c Works, wTi ch said
<br />Tec'h#ion, plans, pro5!e and specifications are made a Fart hereof as fully and effectually as if copied and
<br />set out herein at full, l -ngth.
<br />e contractor Farther expresfly covenants and ae ees that in the prosecution of said work- all Oroper
<br />sleill : ,:• care "l he e;'erc s d; +r } he ^-on - l:. ,<+ all excavations and dangerous p?aces,;
<br />and: 1 use . d'le 3' ,rn7Pf :1?. ....? .`.1 .'3 to°Jr r , tt^v
<br />ry vers o i or 1 - v -, ti e v• o{.
<br />ally'irrit+ry or da:m- e, resu?tin fro z tl- w -•-_ : or res ,f frnn a v w ,.i.er or thing
<br />�o
<br />g thr v7l 1, or
<br />ar,sin there; o. ar r ^a or ro r- � ti-<ll r sv a.�� 1�n_,id�*P the
<br />any p p y, _ • ., s: me z._ his own expersp ar-1
<br />sir e �: liability ,therefor, and in the event of any clalrnr or cl2rrrls be fig made or any action ri actions b- _�
<br />bro ght aga t st the city -by reasda or on account of or growhig otit of or i*s const�.i-ction, ; s� «1
<br />contractor will at his own expense defend the same, and -rill pay any judgment recovered therein- and � 'i' _m
<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 such claim or claims, action or actions. A-«i f
<br />within ten days after. any- such action is begun, the city shall notify the contrac*or of tz.., !oPrd _cv Cher �.f,
<br />then any judgment regdered against the city shallbe conclusive against the contractor and against the surety
<br />on hia-construction bond, as to tl -mount, liability and --other matters pertaining thereto.
<br />And the corirractor agrees to maintain said improvement a-rl aWke .,,t.-:h repairs as rft r.cc ,: a: ;
<br />the`:period and in the manner as fixed by the s ?cificat ons; and' -to• sectire the maintenance and repair then to fxlie with the Board of Public Works a bond with sufficient surety thereon and inv an amount a* fixed by t Ll _
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any other person for any injury or damage to any pers a or prota-
<br />erty 1p the same manner and to the same extent as is fixed in the last preceding paragraph covcri_zg the con-
<br />struction work.
<br />Ax:d it'is'further agreed by and between said parties -that the acceptance of -the work provided for in tT.is
<br />contract., or the payment Tth;,r�of, s12all rot- constitute a waiver on the part of the city of anv of the provis-
<br />ions `t)# this contract, nor shag r eltase:sai aotitra.ctor or the sureties on his bond for the faithful perfo: n-
<br />arice thereof ; nor sraiD- the acceptance be pritrka facie evtde'rice of. the periormance of any provision of this
<br />Contract, except to the e: tent: of entith Ybe contractor to Yo e contract price therefor.
<br />Tlie contractor agrees to pay for all abQr and• materials used' or furnished to 'be used in the making of
<br />auch liprovement and in the performance o#
<br />6�tgneesuccessor or subc`this' contract, whether done 'or furnished for him, or :his agent;
<br />, ontra..tor; and the city may reserve out of any allowance grade on any estimate
<br />It' JavOr of -the contractor or ` 'ssg-is or_ out of the amount due him or his assigns upon the completion
<br />of the door},, so much as m essary to pay all laborers or material men for amounts due them for
<br />work. done or materials uses arnished to be used in the performance of .this contract and the doing of
<br />said weir:; avid the t:ount� t �� T;, acting as city treasurer, may retain money collected from property
<br />owners assessed for said tmprovemdi —to pay such debts or tuitil the contractor shows that they Dave been
<br />paid or `satisfied
<br />•"" em, `t-rv',__=sh, ear=.h, and un,zsed material in the sttc its or sides theraoi
<br />Alt' nit,!l col T,11 letI(Nn 7 the innn Ot em" ,t or the rep^,ring `hereof.
<br />'Lie v,ork of ma; i iT sn-h impr-_,%ement shall be compJeted'accordirg to the terms of this contract on or
<br />lw "nre ,he ........................... - --- day of. - ------
<br />tar, t:rs the time for the cone-ple*,on of the sa_�? shall be e-- e;Oed in wr- by the BoardPublic of Works;
<br />A,..d it is agreed that any ch -xte -ion ..;rre., or nv alte ion of th.s c ^mast or o the m nner or m th
<br />od r€ doing su^h won''-c e,�!F no way a rest' be du`,_s, obligations or liabilities of the contractor orhis sure-
<br />lira.
<br />f-t is agreed that the contras - or �halLnnt ssi�n *his co tract, or sub -let the work or any part thereof_io
<br />be done here.t rider, wi. h h� en co__.. of.rhe Boa -.A p .))l Works,
<br />ft is further agreed a I of ;:. i f+ ` _-,nc,
<br />1^orsh
<br />*r It p ue to residents of said city and county
<br />preference in the emoloyrr nt or P l labor .:ecessary in the rrerform_��_face of this contract, and failing to do so,
<br />in
<br />shall forfeit to the city the sn c` ten dollars for each failure to observe this stipulation.
<br />And upon the performance of al' the t 'msand consittons- of this. contract; and things n to be doe and
<br />pperformed by said contractor the said city agrees to cause the cost of doing such work to be assessed, cbl1
<br />lected and paid to said contractor in. the: manner fixed by the statute governing ahe making of such improve.-
<br />mehts.
<br />To each of the conditions and stipulations of this contract; including all and singular the provisions an
<br />terms of the pl^.ns, profile, specifications and resolution aforesaid, the undersigned. binds himself pr itself,
<br />end ;the respective successor or assignf such ;parties.
<br />IN-
<br />_ TESTIMONY tEROF!, VPe, the foregoizsg named parties, hereunto set
<br />out hands this 13th- , day of may 1919�
<br />Jt3E • , LUTHER.
<br />Contractor.
<br />
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