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34
<br />TuesdAy June l2th.,
<br />i13"i iS 11 4 Se 1is this. _ ..a jyi "y FYI _ • i�.�a.
<br />'
<br />By Wst.
<br />C+tl�te� rya sixt
<br />L. P-. HARDY
<br />Public Improvement Contract
<br />�►:f;[';[ AGREEMENT 0 Made and entere31nt6 'fahia. day,
<br />by and between
<br />r . Vm. H. 19urice
<br />qq y� /� St ® 2 Indiana
<br />of the County. • . • • • • • t • • . • • • -• • . • •8nd- State of . •., • • • • • +-. 0010.0 • • --• !'. **," •avers #+•'i1W`i # row
<br />(hereinafter referred to ae the ` 'Contractor"), and the City of SciAh Benda din
<br />t,he 001,nty of, St. Joseph, .and State of Indiana, by and through its Board of ftbli*
<br />Vorks (hereinafter referred Ito as the "City"), , under and by virtue of an Act of
<br />die Qe-Aeral Assembly of the State of Indiana, entitled "An Act Concerning M=ioiw
<br />pal Corporations, " approved March 6, 1905, and all amendatory and awplematal
<br />acts thereto.WitaesBoth. that, the eontractor covenants and agrees to
<br />place water taps en St. Peter. Sheet from Soria Street to Wayat Street,
<br />is' the City 6 Sath Bend, Iadiaaa at and for the following prices.:-
<br />8- * ineh taps, 0n long side, I each........ s ....-.J26.50
<br />ilk ineh taps on short side, eftek. • •'• .. • e • •.. 20.40
<br />_tu to perform all work in the prosecution of said improvement under and according to the terms and coot-
<br />t;tions .of Improvement RmarAirtion No..-U:71-_, adopted by, the $oard of Public Works April 24,190
<br />:rid the plans, profile and specificationsanors file =n the office of the Dettartmeristht.of �c works., which said
<br />eesolution, plans, profile acid specifications are made a part hereof as fully and effectually as if opied and
<br />;et out herein at full length:
<br />"tie contra*ctorr further expressly covenants and agrees that in she prr�cution.of said work -aft er
<br />skill a.t d care i'1 be:�xercised; that he --411 properly 9r'_ ^, i p o`^ct all excavations and.daa,�r��iaces,
<br />ai and �tl use ' due and proper Precaution to prevent injury to -r_y person or property;4iiat to the event o1
<br />any injury or daina.ge resulting from -the w or'-.- or resulting from any matter or thing connected therewith t r
<br />arising therefroin, to any person or property, he N-1- l oayapd -liquidate the same at bis own expense, and as-
<br />sume be, liability therefor; arcs in the event of any claim or claims being made or any action or actions being
<br />bra .lght against the city by reason or on account of or growing out of s;.id work or its construction. the. said
<br />contractor wilt at his own expense defend the same, an4 null pay any judgment recovered ,therein, and will in
<br />all respects- fullyindemnify and save harmless said city, its officers, agents or representatives from all cast,
<br />expellse,Vaymetit or, judgment recovered in connection vtrith such claim or claims, action or actions. And f
<br />Within ten. days I.fter any such action is begun, the city shall jiotify 4he contractor of the pendency thereof,.
<br />thin any ttdgment rendered against the city shall be conclusive against the contractor and against the suer
<br />on his tonstruuion bond, as to th- amount, liability and other rn2ttaj-s pertaining tl rget%
<br />-
<br />t#; �r#off its jn ft tom . et nofixed by the sps-6.1--a'_ions, wvu to sec -'re the w4intet!ancc �._a felia.t t
<br />+ � 1�ffh 019AWO of Fablid Works a bond with sufficient surety thereon a4d it an AM -) It t . fix
<br />h t pt�t�F Anf fn d€�ing sucfi repair wor& the contractor and the surety on his gun ute® boaid'hA,4 F
<br />whir1 to tbg mpi@ 11901ty to the city and arty other person for any +njuxy or dainage to any pers:::n or
<br />C1 fy lit fbp � Antler tend to .the same extent as is fixed in the last preceding paragraph eovert.ag the 'co=x,:,
<br />la�ll�tit
<br />Ltd it io Mr -fiber agreed by and between said cart'=s that the acceptance of the work provided for in thla
<br />l `w of the payftiant thereof, shall not constitute a waiver on the part of the,city of any of the prow §
<br />+ a of , N €"Imaet afar $hall it release said contractor or the sureties on his bond for the lrtithful-petfor
<br />fhttywf 116f 2411 the acceptance be prima facie evidence of the performance of any.provision of thl§
<br />E t _F'=1rtr l it tp the extent of entitlingg the contractor to the contract price therefor,
<br />i113e At�`�1 tAr agreed to pay for all'tabor and materials used or furnished to be used In th@ masking of
<br />and 1n the -performance of this -contract, whether done or furnished for h1hi, or has agents .
<br />s lAfi he
<br />i, 9Ffs or Attbcantractar, and the city may reserve out of any allowance spade on any @st1 *
<br />Ili f�VOY pf assigns, or out of the amount due him or No stssfgns upon th@ tp1@ l-aq
<br />,1M AAtt4't; a.% InAY -cessary to pay all laborers or material men fox sm unto dus thsM to
<br />wm* wMt4ah Awn` .�,r VArnished to be used'in the performance of this eoutt"t and f d� _:
<br />+ t � . kh� �`t+i1F11_, U-&s.t;rtr, acting as city treasurer, inay retain motley Co;;e:$ed f€ 6'f3
<br />P,\;i ��- F���Q y for %&A tw.4%v ttra to pay such debts or until the Contractor shows Ow M-V# hs�
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