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Tuesday Miry
<br />., 1923. Continued.
<br />253.1
<br />PUBLIC IMPROVEMENT CONTRACT
<br />This. -agreement, Mgde and entered. into this 22nd day of May 1923
<br />by and between Joseph A Luther old' .the County of ` St. Joseph and State of Indiana ( herein -
<br />of ter .referred to -as the ". Contraacter") and the City . e f Sough Bend, in the County of
<br />St. Joseph,` and State of Indiana, by and through .its Board of PUblie Works , (hereinafter
<br />referred. to as the " Cit,y") ; under snd by virtue of an Act of the General Assembly of the
<br />State of Indiana, entitled ".An Act Concerning Municipal Corporations, " approved March
<br />6919051, and all-olnendatory and supplemental acts thereto:-.
<br />-. Wintesseth, that the contractor
<br />covenants and &gross to cons6ruct xwe ter connections on B*wman Street, from Miami. Street
<br />to. High Street, in the City -of South Berk, .Indiana at and for the following prices:
<br />. , . ,Water connectiofts en long- side, ' each..,......:.26.00
<br />I1 water connec ,ions on short side, 20.00
<br />s.l,u to perform all, work, in the prosecution of said improvement under and according to the tern=* oaf
<br />ditions of Imliroveximeniesciltttion i3o. ff.�.._..,-..,.adopted by the Board of Public Works 923.
<br />and the Marls, profile arrd specifications 1sn ee in the office of the Department of Public Works 6
<br />Wvd
<br />resolution, plans; profile ail specificAtions are made a part hereof as fully and effectually as if copied and
<br />set out.fteicin,A full length.
<br />'The contractor further expressly covenants and fees that in the prosecution of said work all proper
<br />sl id atld came .411 be exetcisnd ; th t he ".1 rro;�P ' - $ 1-. . � a excavations and dangerous places,
<br />and ,a�i11 itse all due ar.d pz^per pre ta"y o .r•.y person or p'*c z!rIty, that its the event 6„i
<br />any,injuty'or_, wage resulting from the iv-- o. r ; z� ._ .g from T-itter or ttlir�gg connected tf►erevith or
<br />arising fhert*.96 If,..to any.Persnn orproperty, he <- 4it rev P" r,C� ieate the same at:this own expense, and as-
<br />sume the fiabilrty erefor ; and in the event of any cfta n' or dair'hs being tna de or any action or actions betr
<br />hrougft against the city by -reason or on AcGoslrt -� or groi«zng otlt of c-id: -wor't or its construction, the said
<br />contractor will A his own expease. defend the same, and iTill pay any judgment recov€red therein, and will in
<br />all respects fully,indemnify and save44rsnleu said city, its officers, agents or representatives from all cost,
<br />txpense, pa m�eftt tit' judgment recovered ift connection with sur-1. claim or claims, action or :actions. And 4
<br />within ten ys after:any stt& action is begun, the citg shall notify the contractor of tk.e penA-,ncy thereof,
<br />thtn any judgment vethdered against the +dt "be oonchtsive against the contractor and a pinst the surety
<br />an his construction bond, as twit- vmmun% bility and tither matters pertaimiig thereto. .
<br />a; :rat.--oc agrees to wa;.:I-aln sal(.: ei... - .__-.;;. :- - a:` 1ckr-.rF a, Ina: ,•
<br />the period and in the manner as fixed by the s»PciScations; anti tc secure the maintenance and repair them_)_
<br />to file with tie Board of Public Works a bond vvith sufficient surety thereon and in an amount as fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall. b�:
<br />subject to the same liability to the city and any other person for any injury. or damage to any pers4in or prop-
<br />erty In the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction wont..
<br />A --id it is further agreed by and between said T,art'.--s that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said- contractor or the sureties on his bond for the faithful perform-
<br />ance thereof; nor shall the acceptance be'prima facie evidence of the performance of any provision of this
<br />contract, except to the extent 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 making of
<br />such improvement and itff the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any astimate
<br />infavor of the contractor or h: = assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as ma-, _cessary to pay all laborers or matertai men for amount# due these for
<br />Rork done or materials• used or furnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting_ as city treasurer, rosy retain money col tited from property
<br />owners assessed for said improvement to pay such debts or until the eoutrseter show* that they Mve hes-
<br />Maid or;tatisfied
<br />-e cc,_: to remo ail ru'.,)'_)ish, earth. and unused material :in the streets or sides tiler*4
<br />upon time completion of the imrnrovem_-nt or the repairing thereof.
<br />The work of making stich improvement shall be completed according to the terms of this contract on or
<br />beforethe ---------------------------------------- --------- -------- --------- ----day of --------------- ------------------- ---- ......._.........................
<br />unless the time for the completion of the sane shall be extended in writing by the Board of Public Works.
<br />And it is agreed that any such eaten,ion of time, or any alteration of this contract 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 />ItAs agreed that the contractor shall not ,.ssign this f-(j'-ract. or sub -let the work or any part thereof to
<br />be done hereunder, withot,t the written con: ant of the Board of P.;blic Works.
<br />It is further agreed and stipulated that t'*e contractor shall give to residents of said city and coutity
<br />preference in the employment 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 />perfornied by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lected and paid -to said contractor in the manner fixed by the statute governing the making. of such improve-
<br />Dents.
<br />To each of the conditions a.nd-stipulatious of this contract, including all and singular the provigions and
<br />iterms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
<br />and the rsepective successor or assigns of S i,b nrrt, ez-
<br />In Testimony Whereat, we, Lhe toregoiae, na.jued
<br />parties, hervuAuo sets our haads this 22nd, day of May 1923.
<br />JOE A. LUTHER,
<br />CITY.OF SOUTH BEND, INDIANA. Contractor.
<br />BY L. B. SLAUGHTER °
<br />L. P. HARDY
<br />ALBERT F. HONER.
<br />Its Board of Public Works.
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