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Thursday August 5th 1?0 Qont inugrl -
<br />PUBLIC IMPROVEITNT CONTRACT.
<br />This Agreem nt, Made and entered into this 5th. day of August 1920.
<br />by and between Joseph A. _ Luther of the County of St. Joseph -and State of Indiana.,
<br />(hereinafter referred 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 Works
<br />(hereinafter referred to as the " City" ), under and by virtue of an Act of the Lienera,l
<br />Assembly of the State of ind iana, ent itl d " An Act Concerning Municipal Corporations;
<br />approved March 6,1905, and amendatory abd supplimental thereto:
<br />Fo itne3seth, that the contractor covenants and agraes to construct water
<br />c onne c t ions on high Street from Broadway to Indiana, Avenue in the City of South
<br />Bend, Indiana at and for the following prices:-
<br />6 in. taps on long side, 'each.., ....., ......o .,...025.75
<br />2 in tans on short side, each...... ... 20.00
<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..: ..aoa .-_-----, adopted by the Ebard of Public Works.. Ju11 �Oa 1920,
<br />and the platys, profile- and specifications on file tn`the office of the bepa_ tmen.t of Public Works, which pair{
<br />resolution,plans, profile and specifications are made a part .hereof as fully and effectually as if copied `and
<br />act out -herein at . full length. ,
<br />The contractor further expressly covenants and agrees-thit in the prosecution of said work all proper
<br />Skill and care Ti',l b, exercis k; th the tl p-or) s.--d r. •� ;•�_ all excavations. and dangerous places;
<br />and will use all due and proper pry a+*ton- to or rent iniu-w fo ry person or 1'-0 •-tv; that in the event tf
<br />an7 injury or Jama.ge resulting fret► tale tx„-`_ Or res-eitir fr-)m a_-;y ,.tter or th+nsr conr_ertPd thereNvtl.h or
<br />arising therefrom, to any pers^-i or property, hn t--1ll ray a.- he :idate the .sa ne atiis own expense; atnd as
<br />sume the -liability therefor; and in the event of any cl.airn or claims being made or any action or actions being
<br />brought against the city by reason or on account of or growing out of -d work or its construction, the said
<br />contractor will at hi own expense defend the same, and ._;riil pay any judgment recovered therein,: and will in
<br />all respects fully, indemnify -and save harmless said city; its of cers, agents or representatives from -'all cost,
<br />expense, payment or judgment recovered to connection with such claim or claims, action or actions. And ;f
<br />Within ten days after any such action is begun, the city shall notify the contractor of tlae penduicy ther^of,
<br />then any iudgment re6iered against the city shall be conclusive against the contractor and against the surety
<br />en his construction bond., as to,tb 'mount, liability and other matters pertaining thereto.
<br />And the car'crac-or agrees to raa:&Y&an saitl w. fr a • 4 .;c tit tc,.v tan',e such repairs as tray be necessary for
<br />fie period and in the isaaaaer ae famed by the sr 6fications, and to secure tie tnaktenance ant re it thereof
<br />to file with the Board of Public Works a bond rrith sufficient surety thereon and in eta amount as ed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee band shall be subject to the same liability to the city and any other person for any iztjury or datttage $© an
<br />pelp,tn or ill p.
<br />be
<br />erty in the same. meaner and to the same extent sts is fixed in the last preceding paragraph coverit the Con -
<br />And
<br />work.
<br />And it is further agreed by and between said part�,m that the acceptance of the work provided for itt this '
<br />contract, or the payment thereof, shwil not constitute a waiver on the part, of the city of any of the pruvls=
<br />ions of this contract, nor shall it ortlease said contractor or the sureties on his bond for the faithful perforlIA.
<br />ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of, this
<br />contract, except to .the extent of entitling. the contractor to the contract price therefor,
<br />The contractor agrees to pay for all labor and materials used 'or furnished to be used in the tuaking of
<br />..'an iriipravement and in the performance of this contract, whether done or .furnished for hitttt or -his agent,
<br />assignee ,'successor or subcontractor, and the city_ may. reserve Out of, any allowance made on arty estitttate
<br />in favor of the contractor or 14 assigns; or `out of the amount_ due him or his assigns upon the conipletititl
<br />Of the work, so much as ma, cessary to pay all laborers or materie� men, for amount# date thipi fir
<br />work done or materials uses or i�trnished to be used tit ti+:r performance of this coil$€.eci and the dctittg of,
<br />said work,' -'and the _count treasurer, sating as city treasurer, ma retain tmetiey C®llected frotn property
<br />owners assessed for said irriprvvement to pay such debts or until the cantrttctcar shags thst $ltey have be en
<br />paid -or satisfied
<br />1 _e coa , z. to rerno al I ru'�Jisl1, earth; and untised material is the aft
<br />eet3 or eider thereof
<br />upon the completion of the impro,,einent or the repairing thereof.
<br />The work of making such improvement shall_ be completed according to the terms of this contract on dr
<br />before the.. .day of. ...................... .. r 19
<br />unless the time for the cotnple+ion of the sa+ -e shall be extended iu writi :g, by the Bbard�of Public- Works;
<br />And it is agreed that any such ex-tension.of timq, or any alteration of this ccritract or of -the manner or meth'
<br />od,of doing such work shall in no way'affect the duties, obligation
<br />ties. s or liabilities of the contractor or his sure:
<br />It is agreed that the contractor shall not assign this contract, or sub -let the work or any part thereof to
<br />be done hereunder, without the writ -en cons ant of the Board of Public Works.
<br />It is further agreedandstipulated that rQ, contractor shall give to residents of said city and eou aty'
<br />preference in the employment 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 rbserve this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be. done and
<br />formed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />'
<br />'ed and paid. to said contractor irr the manner fixed by the statute governing the making of such improve.
<br />atents.
<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,- the_,uuadersigned binds himself' or itself,
<br />and the respective sues .or or. assigns .of such parties.
<br />In. Testimony Tvhereof _75=1. the _-foregoing named .parties, hereunto set
<br />our hands this ,5th.. day --of' August 19200
<br />JOE. A. LUTHER
<br />CITY OF SOUTH BEND INDIANA. U. A. ELLIOContractor.
<br />'T
<br />JOHN F. DEHAVEN
<br />Its Board of Public Works.
<br />
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