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PUBLIC IVROVEMENT' C'�3TRACT
<br />This Agreemext,. Made a>�; 'entered -into this Loth,;, day of July
<br />1919 by axd -between Joseph A. -Luther of t1.e County -of St. Joseph and Staate of Indiana,
<br />(hereinafter ref, reed -to as the " Coxtr;aetor" )' and the City, of South. Bell is the
<br />Counter of St.. Joseph:, and State of IAdIana, by ind through its Board- of Public Works
<br />(hereinafter reforred. to as the C try), .uxder and by virtue of Act of trhe Geweral
<br />Assembly of the State of Indiana, entitled K An Act Gofteernin$ Mulllticiptl Corporstions,
<br />&pproved-March 6,1905, and all emendatory and supplemental sets thereto:
<br />Witmes eths that the contractor `covenants and agrees •to water
<br />eorneet ions, on Hirner Street, from Allen _S`treet to Blaine 'Avenue in the "City of South.
<br />Bend, Indiana it and for`t&- fallowing priees:•
<br />4 tape, on
<br />4 taps o the, bbort sidep,, each.,...;..... 16.00
<br />and to perform all work in the -prosecution of said improvement under and according to the. terms and con-
<br />ditions of Improvement Resolution No. ...691------------- - adopted by the Board of Public Works... 14 1 ---3 .1919.
<br />and the plans, profile and specifications on file in the office .of the Department of Public Works, which said
<br />resohition, plans, profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />he contractor further exlp es ly,coveriants and agrees that in the prosecution of said work all proper
<br />skill ind care `l h eke .., ; th .` he ^ on :l ; ,', t all excavatio:n"s and dangerous places,
<br />and `PI use;F11 dii r p n i•r Dr-, ? ij.Ju t� Jr,:�:,.. r �tUttry } 1 ry person or p �.,_t`,, te,} i�p�nf r`f
<br />any injury or d: m-n. —' resulti*19 fr yJ 't! or from, —V m-1_tter or fhim! �nnr-' .r ! or
<br />arising theri-from, to ary pei-F -i or p::,perty M 11 r',v ?. n lip ;date the %61111e at hi- mvn expfns'. ,n t
<br />sue the liability thereior ; are in the e ent of any c aim or elairis being rf-id,e or any action r- a -bons h
<br />brotight aga;n t the city by reason or on ^,'count of or grolvilig out •d yr r` or its c-T-trilrtion, ; s- -j
<br />contractor will.at .his own expense defend the same, and grill pay airy jui fitment recovcr-.d tit ,r6n, and v::' ; •.r
<br />all respects fully indemnify and;save harmless said city, its Qfficets, agents tir repreRntatives froin
<br />expense, payment of judgment- recovered in connection "with! Sch u" claim or claims, action or actiots l
<br />within ten days after any such action is begun, the city shag notify the contrac*or of tz;
<br />tiim any judgment repdered against the city shall be conclusive against the contractor and against the 9t*f4-Y
<br />an his construction bond, as; to tb mount, liabifity and other matters'' pertaining thereto.
<br />And the contractor agrees to maintain said improvement and snake such repairs as may be necessary f, ,
<br />the period and in the manner as fixed by the s*ecifications, a d to secure tiie maintenance and repair thereof
<br />to file with the Board of Public Works a bond -with sufficien -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 be
<br />subject to the same liability to the city and any other person for any injury or damage to any person 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 work.
<br />And it is further agreed by and between said parties that the acceptance of the work provided :for in this
<br />contract, or the payment thereof, shall sot constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it relea -e said contractor or I he sureties on his bond for the faithful perform-
<br />ance thereof; nor shall. the acceptance he prima facie evid nce 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 in the performance of this contract; • nether 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 esfirriaie
<br />in favor of the contractor, or 1- assigns, or out of the ar:o tit due him or his assigns upon the completion
<br />of the work, so much as ma- cessary to pay all laborers or material men' for amounts:=due them for
<br />work done or materials user, .: rurnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, may .retain money Corseted from property
<br />owners assessed fer said improvement to pay such debts or until the contractor shows that they have laetrs
<br />,paid or satisfied
<br />e cc .. ;reps to remo- i all ruSI)ish; earth, and nn?zsed material in the. streatS or sides eierQot
<br />upon the completion of the improvem-:nt or the :repaYng thereof,
<br />The work of making siirh improvement shall be come ed according to the.texms of this contract on cc
<br />ieiore she.. lAth.: 1 --.-:.day of...........- Q.0 0b r .. �19....:: , 19....:...,
<br />unless the time for the completion of the sarle shall be exte _sled in *r.ti;ld by the Board of PublicWorks'
<br />And it.'is agreed that- any such eeten=ion of dine, 47r =9i+V al+e a*ion of t f;s-crintr act; OrOfthe. Enariner of :math
<br />od of doing such work shall in no way'affeet _he -'duties; obli a.tinns or fiat► l ties of she.contractor. or his'sure-'
<br />ties.
<br />q.
<br />It is agreed that tlie contractor shall not assign this contract, or sub -let the work or any part thereof to
<br />be done hereunder, without the Y it en c,o `,ni of the. Box of,Paihlic.VfJerks.:
<br />It is further agreed• and: sripula:t.A that, +.t contractor.' hall give to residerits_,of .said city and county
<br />preference in the employment of all labor necessary in the erforrrance of•:this contract, and failing to do so,
<br />shall forfeit to the city.the sum,of ten dollars for eachr, ail,'re-to observe this stiptulatton '
<br />And upon the performance of all the terms arid mi-nAiti ns of this contract, and things to be done and
<br />performed by said contractor the. said :city agrees_io'cause_ t e cost of. doing such work to be assessed, col•
<br />eCted and paid to said contractor in the mariner fixed by the statute governing the. making of such imrove-
<br />mer�ts. •
<br />To each of the, conditions and stipulations uttLiis con tract, including all and singular the provisions and
<br />to�is of the plans, profile, specifica:tjons 'and rdsr lution aforesaid, the undersign'ed binds himself or itself,
<br />uad`-the_respective successor or assigns of such parties.
<br />IN TESTIMONY TBER£CV, Ve, ;the foregoing' named' pert tear hereunto
<br />set our heade this loth -.Ls day of July 191.9.
<br />CITY OF SOUTH BEND, INDIANA. JOE t.UTHRR, Coatr"tar.
<br />C . A.:' `ELLIO !�
<br />JOHh1 .F. DE -
<br />Ito Board of Public Works.
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