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43
<br />PUBLIC IMPROVEIENT CONTRACT
<br />This* agreement, Bade and entered i to this 15th ,: day of July 1919
<br />by and between Joseph A., Luther of the County of St. Joseph and State o!' Iztdiana,
<br />. (hereinafter referred to as the " Contractor"), and the City of South Benda in the
<br />County of St. Joseph, and State of Indiana# by ,and through its Board of Publle Works
<br />(hereinafter referred to as the " City"), under, and by virtue of` sn Act of the General
<br />Assembly of th State of Ind Tana, entitled " An Act Concerning Municipal Corporations",
<br />approved March 6019059 and all amendatory and -supplemental acts thereto;-
<br />Witnesaeht, that the contractor, covenants and agrees to construct
<br />pipe sewer in .aid along Corby Street and .St.: Louia -Street from Notre Dome Avenue
<br />to Howard Street, in the :City of South Bend, Ili -sans; at and for the lollowibg prices. -
<br />360 11n. Feet of Is Inph p,"o :per 2itt ;ft........ a ...... 0 0 6$2.4O
<br />44O, l in feet of 15 : tw plpesiper l in 2't....... � • ... • . ,_. 2.10
<br />386 .l in Peat - of '12 inch P1pel,.'per : hip ft... • ..... , .:.... I.9O
<br />276 tin. Feet of '8 inch pipe,. 1per l In ft... E........ a 0 0 q 0 080
<br />608 1In foot ;.of 6 inch pipe, per I n ft.... * 0 • .-,.75;
<br />54 ' Iin.' ;Foot of 'm®nholes, per, lln, ,Ft. ...... 0 0 00 0 • . • . • • V C5E
<br />it storm water- grates, each.. ,j... .. • • ... a ... • • e • r• • • •
<br />5 4anhcles, curbs and covers,: osch........e.•...•. 00020.0Q:_
<br />a€1 to perform All, work in the prosecution of., said improve rent under and according to the term* and ,:
<br />,difiofm of Improvement Resolution No, __.6�'„4.__ ,. __, adopted by the hoard of Publie WorlJhy..1401 , s•1
<br />s4rd the plesin, prefrle and sliPcifica+.inns`on file in the office 9f the Department of Public Works, w�c�1. aa1
<br />resolution, plans, profile and specifications are made a part (hereof as fully and effectually as if a®: a
<br />®et out therein_ at full lenEth.
<br />`Fhs contractor further expressly covenants arcs afire sthat in the pprosecution of said worts Of proper
<br />-11dil ss,d care , ;'1 be erercisei; th t he i', o� . f ~-?' all excavations ai 'danoerotrs please
<br />and 'Luse f 1l dut and prover nrQ s: +,oi to or t ini yltn ^ry.person or l r<,,,r'y; that i°i ink-tiver�t
<br />a35y iiljl+ry orffi.�t111^rye resulting from th_ <<r,ror froi?7 a^y T- tier or thing ^(�nftpA RdtherovjA
<br />arising ther fYorn, to any person or property, ii, :'il ray are + tic �idat� the apme at �s Pwiijexpen@g, � Aa
<br />durne 'he liability thereior; and in the event"Of ally c_air., or �Cfaiins being made or any action or Actions �lti
<br />bro0ght against the city by reason or on account of or grog iiig out of e: id vrorlt or its construction, the sail
<br />• eot►tractbr will at his awn expense defend the same, and gill pay, any judgment recovered therein, and v✓iit jn
<br />All respects fully indemnify and save harmless said city, its officers, agents or representatives from, all cost
<br />expense, Payment or judgment recovered in connection wit such claim or claims, action. ,or actions, k' ' 1,
<br />vi htn ten days after -any such motion is begun, the city shall, notify -tile contractor of tint,; pendency thereof,
<br />Own at►y judgment rendered against the. city shall be cdncliz ive against the contractor and against the �Furety
<br />ou hk oonstructiratt bond, as to tb =mount, liabifity and other matters pertaining ;thereto,
<br />- Atud the contractor 2-f ::4::i toL:IfiMtam said urmr077�ii2e t 2::� make such repairs as may be necessary for
<br />the period and in the ma nner as fixcdby tl:e ST)eOflzatxons, and to secure ire maintenance and repair .thereof
<br />to file with the Board of Public Works a bond vilth 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 be
<br />subject to the same liability to fhe city and any other Ferson 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 th^rcof, shall riot constitute a walver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it rkaea;e 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 in the performance of this contrac , 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 t ' assigns, or out of the 2 count due him or his assigns upon the completion
<br />of the work, so much as mp.- cessary to pay all laborers or material men for amounts due them for
<br />work done or materials usea Urnishcd to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city area user, mays retain money eollcr.ted from property
<br />owners as for said improvement to pay such debts r urtil ma
<br />cnn.tractnr shows th.s.t they have been
<br />paid or satisfied
<br />The ennt7a^`o1 ag.-ees to reww- all rtiabish, earth, a d unnsed taterial in thQ 1itreeta or aid a t?�ct:�. v, ,
<br />upon the completion of the impro-,eincat or the repairing thereof,
<br />The work of making such improvelnent shall be corn eted accordi z totheter` -of this coritmet. nn or
<br />bafore the. 15tb _
<br />htileds the tii'ne� for the eomplet+on of the sar,� shallbe of...................... d.. iClg !!.`the ...........u, 19...........
<br />a\a .@'
<br />extended in writi .g by the Board of Publls Wnr1€11,
<br />Atid it is agreed that any such extenGion of tir-t, or ary al± ration of this contract or of the Mariner or Matti.
<br />ad of doing such work shall in no way affect the duties, ob igations or liabilities of the cciiitractor or hie strl"a"
<br />tips, _ - ._
<br />It is agreed that the contractor shall net ssiga this contract, or sub -let the work Ai' arty part jhar'cof to
<br />be dahe hereunder, without the ,rri;.en co :,r of the B-_-rd of Puhi+'.c Works,
<br />It is farther agreed a;,d scipt;l^� d that co .tracto shall give, to residents of said city algidnty county
<br />preference in the employment of ail labor t.ecessary in th performance of this contract, and failing to do M,
<br />shall for#ait to the city the sure of ten dollars for each failure to observe this stipulation.
<br />Aid up®n the performance of all the terms and condi ions of this contract, and thing§ to ba dong god
<br />rerf®rmttl by said Contractor the said city agrees to cause the cost of doing such +ork to hp a�� �s d, 601=
<br />l��tftcwid paid to said amtraetor in the manner fixed by the statute governing the l ,,, 9f Acgh 1fg0f9-
<br />MUNI
<br />To "th of the ondiitions and stipulations of +M- s contract, including all and singylaf th@ "§ a t
<br />terms of tht ptsrss, profile, specifications and resolutica afbrzsaid, t1w uu&Tfigne4 big& L*4§4 ff iArt1f,
<br />Cud the ft*1AC%iVt xumssor or assigns of sum party
<br />In Test imeny Whereat.. We, tb,, Feregaiug named portion, bereunto
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