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<br />p' MI L C I� pR OVEN ITT C ONTRAC T
<br />this .agrean5ent, Hade and entered into this 22nd. day of May 1923.
<br />It by and beWeen Joseph A Lul bar . of the -County St Joseph and Ststa of Indian (here rafter
<br />referred to as ` the " Contractor") , and the City of South Bed, in the County` of' St.
<br />Joseph, and St , te of Indiana, by.and through its Board of Public Works, (#ereitafter' refer
<br />to as this " City" j, under and, by virtue of an Act of the - General Assembly ®f the State of
<br />'rndiara ' " An Act Concerning Mu4ic.iAi. C'erp.orstions, " approved March 61,1905, N.d all
<br />a me nda tory and supplemental a c is thereto:. -
<br />Witness eth, that• the cer�tractor covenants and,
<br />;igrees to eonnstruct'' ter cr n iectians' an Lafayette Street from Marquette Street, to Wakewa
<br />Avenue , and MarTuatte and- Wakew&` Avenue.. from Inftyette Street to Iroquois Street, in the
<br />City of South Be , Ind lam at and far = the following pr ices t -�
<br />it water aon.nections. gn .long sine each. ..:.......;.134.5,0
<br />r ue��+ c pone do an slortr side each. *A s • o :. a . • . $ � 39-50
<br />acid to perform all br in fhe prosecution of said improvement tinder. and according to fhe'termsR and qog-
<br />ditions aof Improvement Resotution No.adopted by the Board of Public Work....,�.$p�j �,,,�1011923
<br />and. the plans, profile and specifications on fi he office of ' the department of Public Works. "adtch said
<br />resolution, plans, profile and specifications are made a part hereo€ as fully and effectuatly as if copied and
<br />set out herein at full length:
<br />The 'contractor further expres-dy covenants and agrees that 'in fhe prosecution of said work all proper
<br />skill acid care v4ll be:exercised; th--t he -'1 prnp-,'�, ?r;; a, d p' wo ct all excavations and dangerous places,
<br />and v!ill use all due n:nzl'proper prscatxf+on to prove:nt tnjuy to my person or prc^erty_; that in the event Q
<br />atiy injury or damage resulting from the i=�o '- or rez ,Iti �U frnm �--.y +r-itter or thing connected thzrewitF or
<br />as -
<br />arising therefrom, to any person or property, he t- -11 nav ar l 1i : idate the same at his own expense, and as-
<br />sume the liability therefor; and in the event of any clairi or. claims being made or any action vor actions being
<br />`i xotight-against, the city by reason or on account of or growing out of s-:d wort.: or its construction, the said
<br />Contractor will at his ov�expense defend the same, and vnll pay any judgment recovered therein; and will in
<br />Ail. -respects fully iWemnillraiid save- harmless said' ray, its officers, agents or representatives from all cost
<br />+torpense, payment or judgrrien# _recovered` in connection with such claim or claims, action or actions. And ;f
<br />Vthin ten days after :any sudh action is begun, the city shall notify"the contractor of the pendencv thereof,
<br />flit-- s►ny judgment xende%d against the city shall be conclusive against the contractor and against the surety
<br />his t onstructiou toad, as -to the amount, liability and other matters pertaining thereto.
<br />plzk� z "nFrpt-".ot ggrtts to maintain said improvement at.cl ,.take such repairs as nray i1@ necessary _.
<br />the 'RYWO And in fhe.amoner"fixed by the s+LFeifications, and to secure the maintenance and repair thereof
<br />to s w1th Ow hoard of Public Works a bond;vAh sufficient surety thereon and in an amount as find h$�
<br />} € s, M4 in doing such repair work the contractor and the surety on his Rvaraptee btmd t hift lWe
<br />enitjact 0 the aairm 144bitity to the City and any other person for any injury or damage to any person or p -
<br />erxy 1st the name meal;nar and to the same extent as is fixed in the last preceding paragraph covering the
<br />044POPTI work,
<br />Md It 1e further agreed by and between said parties that the acceptance of the work provfded far 1" thk
<br />eontrset or the p#ymcnt thereof, shall not constitute a waiver on the part of the city of any of the prov4--
<br />of Af NO et►rttfiaet, nor shalt 1t release said contractor or the sureties on his bond for the faithful perform
<br />agile lltrroof; nor ahall the acceptance be prima facie evidence of the performance of any proviaWn of this
<br />Vlallttltett axcapt to the, extent of entitling the contractor to the contract price therefor.
<br />Flit- ctsntrsetcr a €eas to pay for all labor and materials used or furnished to be used In the, making of
<br />}!fh rpprpyn)t3et1t and in the _performance of this contract, whether done or furnished for him, or his agent,
<br />APV9110,e1 aktv.c-08or of subcontractor; and the city may reserve out of any allowance made on any estimate
<br />40 fa' a of the -_tractor Ar !.,, assigns, or out of the amount due him or his assigns upon -the completion
<br />of the wort to V►U4 as Me', ^cessary to pay all laborers or material men for amounts due thew for
<br />VtMA floes, or IF1lsateriaMs Use,% ax furnished to be used in the performance of this contract and tht staing-
<br />mild watt, and the %maty trtasurer, acting as city treasurer, may retain money eolla.ted from property
<br />A�yttet e90CWd for aid taprvvcment to pay such debts or until the contractor shows that t%W frsvo been
<br />.e cc,- s c:- wa.ees to remo- ati rub'-rsh, earth. and unused material in the streets or Moo ther®i
<br />upon the completion of the improvement or the repairing thereof.
<br />The work of making such improvement shall be completed according to the terms of this contract on or
<br />beforethe----------------------------------------------------------------------day of .................................... _._._.... _... ..................... , 19.........p
<br />unless the time for the completion of the sar-e shall be extended in writing by the Board of Public Works;
<br />And it is agreed that any such ertengion of time, or any altera,ion of this contract or of the manner or math-
<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 />It is agreed that the contractor shall not assign this c- =r -ract. or sub -let the work or any, part thereof to
<br />be done herein?der, without the written crone -,.-it of the Board of- P,.:blic Works.
<br />It is further agreed and stipula,ed that "-a- contractor shall give to residents of said city and county
<br />preference in the employmr.nt 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 ternis and conditions of this contract, and things to be done and
<br />performed 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 />ments:
<br />To each ct`the conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the plans, pr'ofil6; specifications and resolution aforesaid, the: undersigned binds himself or itself,
<br />and the rsipective successor or assg__s of such_q,arties.
<br />IA Testimony Whereof, We, the foregoing namedp parties, hereunto
<br />set our hands this 22nd . day of May 1923.
<br />CITY OP SOUTH BEND, INDIANA.
<br />BY L. B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Its Board of Public Works.
<br />JOE A. LUTHER
<br />Cent,ractor
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