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<br />sday August 5th. -1920 Cont n ud -
<br />PTTBLIC DROVE ENT CONTRACT.
<br />THIS Aa-REMIZRT - made and entered, tine this 5th. day of August 1920
<br />'lly and between Joseph. Juthe" of the Count-,r a' St.. t?^seph arxd St.ats. of TAdiana
<br />(hQr- inaft.er re#'errled. tQ 'as the " Contractor"- ), and the City of South Bend, in the
<br />County of St. J,084h -and State or Tndier*-, by ,and thrPl)17l ie forks
<br />(here , tr9n Act of t� General
<br />As-embl- of the State of Indiana, entitled " An Act Coriearning Municipal Corporations
<br />approved lalarch .6,1905, and all amendatory and supplemental acts thereto: —
<br />Witnesseth, that the contractor. covencnts and agrees to construct
<br />sewer taps on Jefferson Boulevard from 121,9t W. of ' Sunnys ide Avenue to 0-reemlawn
<br />Avenue, in the City of South Bend, Indiana.
<br />Ind to perform all work in the prosecution of said improvement under and according to the tents and cog,
<br />,ditions of Improvement Resolution No _. adopted by the Board of Public WorkQ
<br />-and. the plans, profile and specifi at ons on ille in the office of the iDepa.-!meat of Public Works, which said
<br />resolution, plans, profile and specifications are made a part Hereof as fully and effectually as if copied anti
<br />set out herein at full length, _
<br />The contractor further cmpresdy covenants and agr es #bat in the prosecution of said work all proper
<br />skill arid care 17i11 he eatGrcisej; ttat he :='1 f o-�^ d �; � ^rt all e ca rations and dangerous places,
<br />and *111 use all dui av ""Oil t3 person Or I„^erty; that in the event of.
<br />any injury or datin.Ti r�sulti;:g fl ,= th or r � 'r�rn v �^�t*-�r or think cnnr.ectPd therc;vi�h or
<br />arising therefrom, to any per^n-t or t� oiler}y, !? 11 *�?.v �_« l:� �datP tb es,, eat his own expense, anda5,
<br />fume the liability therefor;'a :d in the e ent of any ,.IA*ra or clr.irls bring made or any action or artionsbeing
<br />brought against the city by reason or on r ^n 1;it of or growing ottt of s-v. d vrork or its construct'ion, the said
<br />contractor will at his own expense defend the same, and will.pay any judgment recovered therein, and vrill in
<br />all. respects fully indemnify and save harmless said city, its �dkiccrs, agents or representatives from all cost,
<br />expense, payment or judgment recovered in connection With such claim or clainis action or actions. And f
<br />within ten days after any sttch..action is begun,, the city shall notify, the contractor of tic pendency thereof,
<br />them any judgment rendered aggainst the city shall be conclrsive agtilinst the contractor and against the su:re,y
<br />on hb co struction bond, as to th ,,monnt, iiability and other r_ratters pertaining thereto.
<br />And.the comractVr agrees zmtea maintain said improtfI -Aent_ d real:e such r�� F; hA �c� be fif�lfb�sJt1� �@
<br />fps cried and in the snaer as fixed by the soperficafxor1s, and to secure tilb MIAMAnes oe aIr t1�ePe�
<br />M #19 with the Board of Public Works a bond �v,th sufficient aurety thereon and 11%"aulaunnt #A xed b the
<br />gpecifica,tfons, And in doing such repair work the contractor and the surety on e
<br />st:t joct to the-saY 9 �' guaa�-1too bond ®ham 1 be
<br />liability to the city snit any other erson for any injury or damage !@ any pared f prop.
<br />arty n the farm maitrter and. to the saY�Le ey;tea�,t as is fixed sal the l,,st prcc;A111 Para grwph goyetrfnI to eon.
<br />struction work, f
<br />And It is further agreed by and b tw n said part',=s t"kAt flke srYcpl @ t a' yol. pOtl of !it thi9
<br />sroulr Fl, ®r , e a macnt thereof s, a viaiver o,i tlfe �; .t di tciA City o 19@y of fhb p vls
<br />p. Y ,11 not c i�,ttttltn F �: +
<br />ie+ s @# thls eentMct nor shall it release said coltt� ctur or the srt odes on big bond LAr � aitji ftj c 01viv
<br />sut:e tharpo;l,.nor X-11 the acceptarce be p,..: a facie evicie:ice of the perfdst;}Once 6 Any t'cvlsio tOntt'1ct, except to the extent of entitling the contractor to the contract price therefor, t� � �� liild
<br />`f'lte caretractgr tees to pay for all labor and materials, used or furt�fislsed to be ' #43 In ��s �jr1�' 61
<br />etl@h laPrOVekM t, Sr.� in the perfor3 lance of this contract, whethbr dotter or fitrnl�ttcd �Af► l}lM of�/ a�:ente
<br />feQa suecessOr Or subcontractor and the city may reserve out of any Itpowfinds fsdd � estlf�sie
<br />>j>s fad ®# the a tra�Gt�r or ' ^ assf s, or, o 1t -of the C moufit due him or his sssi g upga tbd d@fftplail k
<br />@ the >Pk, so taster: as Ma- ce
<br />ryto Psy all laborer; or material met} for skichAft it I# '
<br />den@ >�a rialg use �r :urnished to be used in the p-rfoiitmuce of.this e?fttr
<br />fill aid work, -sad the lcty`treaserer, actiar as city treasur6r, spa t��as'n tne�ey col# d �rs�� dtity
<br />8�M "3ad tat' said! srzigror�erzcz2*_ -to p zy 51*c'I dcbts Cr far,-tfl $ ce5=�f:rfactulf thaw§ # � d %€efl
<br />The contractor a • eAs to remoall rz,ka shi a-krth, and un+�s,scOnaterial ix the streets or sedo# fbcr"
<br />upon the contpletion ,of the improveniy it or the repafrin$ thereof.:
<br />The work of making such improvement shall be
<br />Wore the........ coveted according to the terms of this conts�aet on or
<br />......... ...................... . .... ....dam
<br />unless the time for the completion of the sane enti....."in......................
<br />. ... ..."....."..."..�.. ......:.......� 19.....,...,
<br />. shall be exteneied in writing by the -Board o+E Publ�C :Works, And it is agreed that'Iny such extenQion of tune, or any alteration of this contract or of the manner or meth-
<br />od of doing such work shall in no way affect the dutie
<br />ties, s;-obligations or liabilities of. the contractor or his sure -
<br />It is agreed that the contras*or shall not assi;;n this contract. or, sub -let the work or any part thereof to be done hereunder, without the written con,,.mt of the board of Public Works,
<br />It is further agreed and stipuleE A that tg, contractor shall -give to .residents of said city and cotfnty
<br />preference in the employ: -tent 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 fai•lure;t6 observe this stipulation.
<br />And upon the. performance of all the terms and conditions of this contract, and things to be done and
<br />rerformed by said' contractor the said city agrees to cause the cost cf doing such work to be assessed, col-
<br />ected and paid to said contractor in the manner fixed by the stAtute governing the making of fuck improve -
<br />stoats.
<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 aforessI the undersigned biAds himself or ftocif,
<br />and the respective successorAr assige:S Cf sucn pArties,
<br />In Testikon-y W4ertof,,..Ve, ?.the foregoing namdd parties, hereunto
<br />set our hands. this 5th day of August 1920.
<br />• JOE .A. • LUTHER
<br />CITY OF SOUTH BEND# T DIANA: .. Contractor.
<br />BY G• A. ELL IO TT
<br />JO HN E. DEAAVEN
<br />Its Board of Public Works.
<br />
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