|
The following contract approved by the Board..
<br />THIS ACRE MT, MADE AND ENTERED INTO THIS loth. day of October 1919
<br />by and betneez Joseph Luther of the County of St. Joseph and State of Indiana( :
<br />h'r ereinafter eferred to as:the " Contractor"), and the City of South Bend,- in the
<br />County of St. Joseph, and State of Indiana, by and through its Board of Public,
<br />W,cks, (herei>oaf'tar referred to as the "" City"), under and by virtu* of an Act of
<br />the .General gAssembly of the State .of Indiana,, entitled " An Act Coacerning Municipal
<br />Corporations, ". a,pproved;March 6,1905, and all amendatory saki supplemental acts
<br />thereto:— -
<br />Witzesseth, that the contractor covenants and agrees to eonstruA' wator
<br />and suer connections on Carroll Street from Sample Street to Elder Street, in. the
<br />City of South Bend, Indiana at and for the following prices: —
<br />5 taps on the long side, each..... ...;.................30.60
<br />7 taps on the short side, aaeh......................... 26.81
<br />3 sewer taps each ...................................... 56.00
<br />4134 to perfox'm all work in the prosecution of said improvement under and according to the terns t,te41 .; ari,
<br />dltlons of Improvement R.esolittion No. __ _. adopted by the Board of Public Workx. ,$, ,t�,a,,,2,a 1919.
<br />w4d the plans,,profile and specificEtions'on file in the office of the Depi-tment of Public Worlta, wbiG%t sai�
<br />pesoiutiort, plans, profile and specifications are made a part _hereof as fully and \effectually as' if coded and
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees th^t in the prosecuti irt•of said work oil proper
<br />skill and care .,All by exercised; that he --t11 T--01)- a i p• a`^ci: all excavations and dangerous places
<br />and •,rill use all due and pro7)er pre13ut;on to ore t in „ t) 'ry person or rcnir # . n
<br />any injury or damage resulting frorx t � - or r�z , + r�Y p +o p thin
<br />ihat in %= event or
<br />1_i. £shin a. y r'?t_._i or thifi Poctt!ec#ed thercwitit ®r
<br />arising therefrom, to any persc-i or prbpQr'y, i 11 nay a., liq"idate the s-r •ne at is own expense, and xsss
<br />some the liability therefor; grid in the event of any cla- im or claims being made or any action or actions being
<br />mi brght against the city by reason or on account of of growing out of s-.id.work or its comtruction, the ssi
<br />contractor will at his own expense defend the same; and will pay arty judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all costt,,
<br />expense, payment or judgment recovered in connection with sudh claim or claims, action or actions. And f..
<br />within ton days after any `such` action is begun, the city shall notify the contractor of the pendency tl3 -roof,
<br />tf �d.n any judgment rendered against the city sho bg conclusive against the contractor and against the 5114.r ty
<br />r it Jih construction bond, as to th tk ount, fi-,bility and other matters pertaining thereto.
<br />sQr 'd 1'a;RB t4.. T...1tll`r13Ts .az i('i ,3a11'.3J, - 1:t Sad• ] repairs as inay be nc. '3sa. d
<br />i pro-iod and in the mwineras fisted by the sppcifications, and to sc.L-ie r.A;e r.1'anitoxv,-nc.e ain.d repair thereoi
<br />1�t h e with 6e Board of Public Works a bond with sufficient surety thereon and in an e. -ount e1 fi.�:e�l by t!te
<br />st- dfiestions, And in doing such repair work the contractor and the surety on his grxat ,t€c bard al .1:1 be
<br />09bJeU to the write liability to the city and any other person for�ar►y injury or datrrmge to axAy pert � a or p,op-
<br />er'ty In the same manner and to the same extent " is fixed in th last preceding paragraph covet i:,g V, ; con-
<br />struction work.
<br />And it is further agreed. by and between said parties that t e acceptance of the work provided for in this
<br />canlract, or -the paytttent thereof, shall not constitute a waiveron the part of the city of any. of the pt°ovis_
<br />iPRO Of this iontract, nor shall it reieaae said contractor or the sureties on his bond for the fa:itll:ful perforrp••
<br />11Fe thereof; nor shsil the acceptance be prima facie evident of the performance of any provision of this V
<br />19®13#kaet, @wept to the extent of entitling the contractor to tho�u coi tract .price therefor.
<br />The d®ntractor a roes to pay for all labor and materials used or furnished to be used in the snaking of
<br />sfielr imBr'oycrnent anI in the performance of this contract, whether done or furnished for hire, or his agent;
<br />Anigan-, silccenor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />In favor Of the contractor or I ;, assigns, or out of the an.ount due him or his assigns upon the completion
<br />@l thfl W®rk, so'°such as ma{ cessary to pay all laborers or materiai men for amounts due therm for
<br />WOM done or materials used zi furnished to -be used in the erformance of this contract and the doing of
<br />6 1d iyerlt, and the GAi itt treasurer, acting as,city treasurer, may retain money co1'c^ted froia property
<br />W� , cxF. ass Ad. for said wiprovextieiit to pay such debts or t,,, it the contx-actor s'?owo that they have becn
<br />plfls fled
<br />:e cc.: L-a 4a: e c to rem( _ a 1l ru',:>';;,, ear .h. and ur. -,si d material in the stm its or sides
<br />yNon the completion of the imnrwrem mt or the repa;ring thereof..
<br />The work of snaking slteh improvement shall be comvleted according to the terms of this contract on or
<br />bspforethe ;-------•................ ........ ...................... day of l�
<br />-------------------------------------------- ..y
<br />unless the time for the completion of the sa.-,e shall be extended in writi==g by the Board of Public Works.
<br />end it is agreed that any stich exten�ion of tir ,!, or any altera.�ion of this contract or of the manner or meth-
<br />od of 'doing such work shall in no way affect the duties, obligatil ns or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor shall rot assign this contra, lt, or sub -let the work or any part thereof'to
<br />be done hereunder, without the w-ir-en co :::•^t of the J3oard c�f Public Works
<br />It is further agreed and stioul2 ed th%1 `aa contractor shall give to residents of said city and county
<br />preference in the employrn•.nt c all labor iiecessary in the perf rmance of this contract, and failing to do so,
<br />shall forfeit to the city -the sum of ten dollars for each failure o observe this stipulation.
<br />And upon the performanc' Of all the terms and conditions of this contract, and things to be done and
<br />performed by.said contractor t].e said city agrees to cause the " ost of doing such work to be assessed, col-
<br />lected and paid to said contractor in fire manner fixed by the staTute governing the making of such improve-
<br />ulen4s,
<br />To each o_ the conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the e ns, profile,: speci rattans and resolution aforesaid; the trnliersigned birds hitas?lt or it�-:If,
<br />ant( tin), ra�,spdt=ttve'kttcec§sor-or'assir•.•rs of sytcl; tjartiwa.
<br />In Testimony Whereof, We, the. foregoing named parties,hereunts
<br />set our hands this loth* day of October 1919.
<br />CITY OF SOUTH BEND, IRDIANA. JOE LUTNER
<br />BY G. A. ELLIOTT JOHN F. DEAAVEN Contractor
<br />HARVEY F. ROSTISER Its Board of Public Wor*s.
<br />
|