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<br />`Wednesday September 15th1920. °Con.tinued.
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<br />PUBLIC IVPROV'EI1ENT CONTRACT.
<br />This Agirevment; Made and entered into this 15th, day of September 1920
<br />- by and bet-oreen Joseph A. Luther of the County of St.. Joseph and State of Ind Tana, (here in-
<br />after referred to as the " Contiactor"), and the City of South Bend, in the County of
<br />St. Joseph, arid. State of Ind ian&, by and through its Board of Pub1 is Warks, (hereinafter
<br />referred to as the " City"),, under and by virtue' of an. --Aet of the General Assembly of
<br />the State of Indiana," ent it led " An Act Concerning Municipal Corporat i ons, " provec2
<br />.Starch 6,1905, and,all emendatory and supplemental acts" thereto:
<br />Vffitnesseth, that the contractr covenants and agrees.to construct water
<br />conn:eoticne on Haney Avenue from Miami Street to Leer Street in the City of,.South Bend,
<br />Indiana at and for the following prices
<br />- 2 traps or, long. side, each. ....... , .. ........; . , ...: . 50
<br />6 taps on short s id �- , ,each, . , . :.... 19000
<br />and to, perform all work in the 5rosecution of said itmpso+vti$att andd.r and MUM&W to a taeias Mt
<br />ditions of Improvement Iksolut on 'NO ..gZj�. r ., adopted by the,. Board -of Public Wckks..,c �...2,%i.,1 20,
<br />and the plans,...profile and specific ations tin file in the office of the, Department. of Pudic Works, which said
<br />resolution,,'plans, profile and specifications are male a part hereof as: fully and :effectually', as if copied and
<br />set, out herein at full I length, :
<br />The contractor further expressly covenants and agrees that, in therasecution of 'said wont '_all"proper
<br />skill and care ,will be exercise;'; th-)t he �'_.l;p ape y ar,d.i:M�,.�ct'a41 excavations and dangee6ts, places;
<br />and will use all due and proper prsca.+ttioii fo orevent injury to .ry_person or pre* city;, that in the event �#
<br />any injury or damage resulting from the '*,= r', or result+rg# -, #r ry matter or thin connecte-Ld therewith or
<br />arising therefrom, to:an or broperty, he �•#+':11 iaaT li,��iidate the'same.at liis own expense, and as
<br />Some the liability -therefor; and, in the event of any_ctaira or clairns 6eing.made or any action or actions heins,
<br />brought against the city by reasonor on account bf or growing `out of s,.id cork or its construction,.th�, ss.+d
<br />contractor will, at his own expense-d'efend.thi same, and ... I pay any judgment recovered therein, and will, in
<br />all respects fully indemnify and save- harmless said city, {ts officers, agents or representatives frorft all cyst,
<br />expense, payment orjudgmentrecovered in connection with such claim or claims; action or actions. And ;f
<br />within ten days after any such action is begun, the city shaft notify the contractor of tke pendency ther- of,
<br />ti c-.a* judgment ree&red against the city shall be conL�lusive against the contractor and against the sureiz�
<br />sn lie gnnsfructioit Lor4 as to th- a=ovmt - abiii*. and tither matters pertaining thereto.
<br />And the tonrt* or agreeff`t€l,MCUiitain said ii i,}. c J :7�:etc' l Z 4.. <
<br />Itse _period and in the manner as laced l�•the StW05cations and to stc re n ar�tenan��, d
<br />toa with the Roard•of Public Worlds a bond i#h sii,f' icient suret thereon,aitdei tr,: �.
<br />i eifiestiAtts• And. in doing such repair work the conttractor az,d a surety on _hip uarantoomount fi-xed by i, -
<br />° oabfect to the'aame liability to tiie city and any, Dreier -person- for'any'thjury damn® nyee opr�
<br />err . in the same manner sill, to the same --extent aes is fixed in Lhe last preceding parsigritplf ei�vtr; .tllii ��tt
<br />•trietion work.
<br />And it is further agreed by and between said parta% tkat the acceptance of the work' 64vid4for it' tl is
<br />tract,, or the payment thereof, shall .not con-stitute a. waiver on the part of. the- cityany of the it'Lt d=
<br />colic, of this contract, nor shall St release said- .contractpr :sr-tite suret��`es on ells boy}d, €atilft faithful per.€ot°ice=
<br />sane thereof;.. nor shall- the acceptance be prima. facie evidence of the a formai°ice o€ any provision,of thlg
<br />'Contract, except to the extent_ of;.entitling the.:contras tor..to the'coiitractt p ice therefor,
<br />The contractor agrees to pay for -all. laborfandimaterials used or furnished to .be used in the rnak i g Af,
<br />Sttnh ixeiprovemet#t antf in t1�e perforri3ance of this:contract,• whether'done Or furnished for him, or`'hi` a aitt,
<br />ansfavor successor or subcontractor ; acid the city may reserve out of any allowatsns `taade ®tf any estimate
<br />is savor of the contractor or ); assigns,. or oaf:=o# the amount due I�im or his aesig'n8 -iapost ,rho®splati®si
<br />of the work, so much as ma3 cessar�, to pa ll'laberers or mafenas' uiesi for amount. dun. them f®r
<br />v►ark, done or alatenals used or iurixishea to :be :used: iu tiie perferwince of thin cositxact sled the coin ®f
<br />said ;work, and the county treasure] acts y Ere"urer� ma retain money c0llfeted from ps®p ty
<br />®wriers assessed for said ' c't q
<br />"W t* satsxfic i improvemexit to p$y such cte6uc or :ally""l �lic eoutra.ctnr ai�ov*�s that �aq hays beep
<br />n, ear , and uh .sed material in the streets or sues tiksrra si
<br />Upon the comote on e± the -imt)a v'em .it or the repai}ing thereof.
<br />The work °of making si,ch improvemetW-shall be completed according to Lehe terms of this contract on or
<br />6efoze the -- - tiny of
<br />- .................
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<br />unless the time for the completiozi of the say shall be. eke m fed in w t,,g by +he hoard of Public Wo-l.s,
<br />And it is agreed that any such eTtension of •+iA, of ally alteration of th;s contract or of the manner or mPth-
<br />tiof 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 fhe contractor shall not assign this contract, or
<br />.st:b-let the work or any part thereof to
<br />be done hereunder, withoz t the writ en --con vnt of the Board of P:iblic Works. -
<br />It is further agreed and stipulated thaf t contractor sh?11 give to, residents of said city and county
<br />preference in the erriploymeoE of all labor necessary in the performance of this contract; and fahir<g to do s(�,
<br />shall forfeit to the city the Stern of ten dollars _ for each fail+are to observe this stipulation:
<br />And upon_ the performance of ail: the terms and conditions of- this contract; and ..things` to be done ape
<br />performed by said iontraCj6jL the said city agrezes to cause the cost of doing such work to he assessed, col
<br />leered and paid to said contractor in the manner fixed by the statute governing the in:Aking of 'suck improve-
<br />aaeats.
<br />To each of the Conditions and.stibulations of tkii contract,, including all and singular thg.:Vrovisions and
<br />terms of the plans, profile, specifications ai d resolution aforesaid, the undersigned 'binds 'Hi iself . or ;tsel`
<br />and +tke, respective successor or aasiq-,as of such parties.
<br />In ,Test imsny Thereof., Wag the foregoing named parties, hereunto
<br />set our hands this 15th--%day off' Septem er 1920.
<br />CITY OF SOUTH BEND, INDIANA. JOE. A. LUTBER
<br />BY G. A. ELLIOTT Contractor.
<br />H=• :F. ROSTISE:R:
<br />JORK F. DERAMC
<br />Its Board of
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