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<br />PTJBLIC I IROVE'I+ NT' CONTRACTS
<br />This Agreement, Made and entered into this _loth., day of July 1919 by aid -
<br />betwee%_ Jossph A. Luther of the County of St, 'Joseph and' State of Indian& (here-
<br />inafter referred to ais the ",Contractor*), and t!he. City `of South Bend, in the
<br />County of 'St. ,Joseph, and State of In.dlana,- by S;d through its board of Public
<br />Works, (hereinafter referred to an the City ) ,; uador and' by virtue of an Act
<br />of the General Assembly of the_ State of Indiana,1 entitled " Ah Act Con oernIn
<br />Munc ioat Corpedation;s, " approved March 691905lb !and all ameodato ry and
<br />supplemental tkx' sets',theret.o:-
<br />W1ateseeht, that the c ontraetor covenants and agrees to eon'struet
<br />water conxeetions on. Lindsey -Street from .Portage :Avenue to ,;Blaine Avenue, in the
<br />City of South Bend,; Iad Tana atnandofor- the Following, prices:
<br />:taps- one long Blde; • `aaeh::, :....- `. $20. 00
<br />7 tape on, short• 9-ids-,each..:'..", , . ... . .:....:..... 17,00
<br />and to perform all work in the prosecution of �41 improveriiexit under and according tq :the te>riiia aml con•
<br />ditions of Improvement Resolution No.....@2 ; �, tdopted`}�ythe Board of Public Vworks.:.:c..?'• 19.
<br />and the plans, profile arid specjfica+ions on file in the office bf th ,. Department of Public, Works, w# ich said
<br />re-0-V tof ,plans, profile ai3a specifi4a ions are made r part fierecxfk,as fully and effectua9l as if copied and
<br />$et outt.herein at full length:)
<br />ire eon+ractor further expressly covenants and agxees that in the Prosecufii of said K�ork all proper
<br />halliecare • +'1 $ eed, th t he ll p aP ;''.� .r ^, d i �� all ea:cavat±ons zn dangerous pla{=�s
<br />anc xercis
<br />and o,�1 use nit due ar+d pry per pr*_64.64tion to prevet t iti�u�v t�i;iry person Or Fi � 3*`V
<br />a#ilt itljury or di.r take resultini 60im.tha w' rt ttr, re-±ili:irl from a 'y raatter .or thing �onr ^'^�r� tti r^•,v '�, or
<br />04ing therefrom, to sriy pqr Q!i or property, he f 11 paq•!ar�l lint�idate` thz s tee at h±s own e..pens�, � .d -
<br />write the liabilitX therefor, aiid in the event bf afiy elaiin.or claims,bein., made or atiy ac iori r art ons t1
<br />bro { ht gat*tsi%rite city by reast�#i 4 oi'l. a.c�unt 6_.pr grox�ii g out of s- iv rl. tie its co" trt.atic�n,
<br />col tx'i tox ili'at his own expeiise'defend the same, and will pay ariy,judgment recovered therein, aad v,� 1 i i
<br />all a pect fully lift' t iiify Arid sate harmless said city; its"officer's; agents or representatives from aJl cost,
<br />expense, pa meat 4 judgment recovered in connection with ;fuck claim or claims, action or actions. A.?d f
<br />witliixl tenay$ after ati such acfiazi is begun, "the city shall notify tte `contractor.; of the pPr_�iF cy ther ^f,
<br />then any judgment re>wtdered against the cit�"zz sttalf be conclusive against the contractor 2nd against the surety
<br />�n`bis ccuzstruction end, as, to tb 44U' outtt, iabi131ty and other. matters pertaining thereto.
<br />f"111 "Cl cvntraCror, agieiis,-to YTain.a1n.511G 11latJJ��I ent-a?-d ma' e.such repairs as way i:z
<br />the period ai?d in the manner as fixed by the s�ciScations, and to secure ule maintenance and repair til ;i
<br />to file with t'�e'Board of Public Works a bond vrith suf6cient surety thereon and in an amount as n_:ed by ,<<W
<br />'specihcations =And in doing such":repair work the contractor and; the surety on his guarantee bond shall be.
<br />subject:to.the.sar.e liability tie city and any oilier person for any::injury or damage to any per �;, or prop-
<br />erty in the sarne .xrianner and to tile, same extent as is fixed im the. l'•ast preceding paragraph coveri-ng the con-
<br />struction work.
<br />A;ad it is further agreed by and between said parties that the acceptance of the work provided for in this
<br />contra:ct, or the payment thereof, shall not constitute a waiver on the part.of the city of any o.i the provis--
<br />ions 'of this. contract; nor shall it ri;lease said contractor or the, sdreties on hisbond for the faithful pertorni-
<br />ancethereof; nor shall the acceptance be prima facie evidence of the perfortance 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, 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 estimate
<br />in favor of the contractor or 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 � materiai rnen for amounts due them for
<br />work done or materials used �urnished to be used in the performance of this contract and the doing of
<br />said .work, and the,county treasurer, acting as city treasurer, Tr ay retain money colieeted from property
<br />owners assessed for=said improvement to pay such debts ,_.R i1 the contractor shows that they have been
<br />id- or satisfied "
<br />)lie cont-a^'or agrees to re.mo 2 all.rub:iish, earth, and um-i_ed material in the streets or sides theraot
<br />upon the completion of the improvement or the reparing there f.
<br />The work -,-of makin such improvement shall be completed a cordin to the t r s9of this contract on or
<br />before'. the ---- 1 -Oth. - ..... day of..------------Qe-Vober -i 19
<br />unless the time foi- the comple+ion `of the same shall be extended in wr `i:ll" by the Board of Public Worl�s;
<br />end _it is agreed thaf'aiiy-such Pt.e,n!Zion of t�± i 'or afl al±era°io. of *leis cc ntraet or o` the in or meth-
<br />od of °doing such work`shall in .uo' way affect the duties;'obligatio s or liabilities of the contractor or his sure-
<br />ties::
<br />ht is agreed that the contrac orshall not assign this contract, or sub -let the work or any part thereof to
<br />be done hereunder, without the n co -nt of the- Board of Public Works.
<br />It is further agreed and stipulated that contractor shall give to residents of said city and county
<br />preference. in the employment of all labor 1 cessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of tcn 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 />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 statue governing the making of such improve-
<br />ments.
<br />To each of the .conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, th+e undersigned binds himself or itself,
<br />and the,respectibe successor or assigns of such parties.
<br />IN TESTIMONY WHEREOP . We, the f regoing named parties,, hereunto
<br />:sot our haasda 'th1s loth. ► Y da of Jul I 1
<br />Y9 9•" . JOE A. LUTHER Co tracbm
<br />CITY 0 F, SOUTH BF,ND, IND IANA .
<br />A. EILTO TT' ,
<br />VOW P DEHAVEN _
<br />Its Board of Public Worka�.
<br />Pros ideAt.
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