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PUBUC IMPROVEMENT CONTRACT
<br />This Aggreement:, �d,e and entered into this, 14th. day of June 1922
<br />by and between Thongs Willi= of the County of L St. Joseph and State of Indiana (herein --
<br />after referred to as the " Contractor"), and the City of South Bend, in 1h6reinafter6County of St.
<br />Joseph, and State on Ind Una ` , by and through its Board of Public Works,of the
<br />referred to as the City ), under and by virtue of an Act of the General Assembly
<br />State . of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March
<br />6th,, 1905, and all amendatory and supplemental acts thereto:- -
<br />Witnesseth, that the con-
<br />tractor covenants and agrees toconstructWater taps on South Michigan Street from 40'
<br />north of Fairview Street to Donmoyer Avenue, in the -City of. South Bend, Indiana at and for
<br />the following prices:-,'. , , ,
<br />30 tads on long side' each .. . ...................$38.25
<br />14 , ° oii` short° side; each .................... 25.30
<br />4W to perlorm all work in the proseciftion of said improvement under and according to the terms arld inp&
<br />dltions of Improvement Resobition No. ..... 98C)------------- adopted by the Board of Public Works ..... ,.1;pril 26th.1922.
<br />and the plaits, profile and specifications on file in the office of the Department of Public Works, which gala
<br />rissotttiott, plans, profile and specifications are made a part he'reaf as fully and effectually as if copied and
<br />set out herein at full ler,,g+h.
<br />The Contractor further expressly covenants and agrees that in the :prosecution of said work all proper
<br />shill still Care }itl be exercisw!I; that he I r..ra_ i p o+_+all excavations and dangerous placess
<br />and „fill use all due and proper precautiol to or ;t inji -y *,) :r,y person or pronarty; that in the event @i
<br />an ihjury ctr tkarrt�.ge resulting from the v»r'. o resul`irg from a-•y *- ntrer or thing cor�nectPd therewith ®r
<br />arising therefrom, to any —person. or property, he `- ll rav a—i liq,,idate the same at i is own expense, and as.
<br />same the liability therefor; and in the event of any claim or claims being made or any action or actions being
<br />bro:,ight against the city by reason or on account of or growing out of _-.id work or its construction, the said
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein,. and will in
<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 with such claim or claims, action or actions. And i�
<br />within ten days after any such action is .begun, the city shall notify the contractor of the pendency thereof,
<br />then any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />4U hia wastracitioa bond, as to th- amoutut, liability and other matters pertaining thereto. R
<br />tltl.l L`dS ltl _Ictor agi.cE;s `Co maintain Baia improvement and make such repair' ' as may be necessaiy LU,
<br />the period and in the mariner as fixed by the sprcilleations, and to secure the maintenance and repair thereof
<br />to file with the Board of ' Public Works a bond with sufficient surety thereon and in an amount as fixed by the
<br />specifications. And in -doing such repair work the contractor and the surety an his guarantee bond shall be
<br />subject to the sarae liability to the city and any oiKer perscaa for any . hjury or damage to any perskm or prop-
<br />erty in the same manner and to the same extent US it fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />Aod it is further agreed by and between said rart" tUtthe acceptance bf the work provided for in this
<br />contract, or the payment thereof, shaff not ccaa:ft^atte a waiver on late part of the cite of any of the provis
<br />ions. of this contract, nor shall it rclea ,e eN:id : s :c3c� or the: sureties on his bond for the faithful performs
<br />ante thereof; nor shall the acceptance .be prima firse evidence of the performance. of any provision of this.
<br />contract; except to the extent of entitling*tite contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor a" materials used or furnished to be .used in the making of
<br />such improvement and in the performance of` this contrast, whether done or furnished for' him, or his agent,
<br />assignee, successor or subcontractor; and the -city may reserve out of any allowasaee swage on any estimate
<br />in favor of the contractor or h;q assigns, or out of the amount due him or Lis assigns uton the Completion
<br />of the work, so much as ma}. �Ceesary to pay all laborers or yaateriai crest fora exi<its due mpl far
<br />work done or materials used of furnished to be used:ia the.perfersitance of this, contract and the Qoing of
<br />said work, and the county treasurer, octing'as city tre"'drer., may retain snot�ey eon ell from property
<br />owners assessed for said improvement to pay suchi'debtas or wv6A a ,t_, %o sot$ ti►�at fey l ye b�e�
<br />pal r sntisfied
<br />['he cont-ate*or egress to reiiio a11.ru'-)5ish, earth, and Untmed material in til'e streets E>Y sz t`p
<br />upon the completion of the improvernzat or the repairing, thereof,
<br />The work of making suck improvement shall be camplt er accc►r ng tg a term of foie oo tract osa
<br />before the..---••• _._..
<br />day of::. or
<br />-
<br />unless the time for the completion of the same shat}-be extended�ix writ -ig .....by aoara Of .P...... 19....Works,
<br />And it o agreed that any such e�etensy of tim , or-anv alteration of this contract or.of the manner or 1ttCtha
<br />®d of doing such work shall in no way afffect the duties, oblati©as or liabilities of ttse cantraetot or his sure.
<br />ties.
<br />It is agreed that the contractor sha11 not assign -this rract,.or sub=let the work ar ilA
<br />be done hereunder, wit_hotit the written con ,;ti.nt of the. 1sc7ard of i?sthlic Works: 7 part thereof to
<br />It is further agreed and stipule+ell tit?t. t4' contractor 'shall give "to residents of :said City and crrautl•
<br />preference in the employment. of all labor necessary 'in.the performance of this catitraet, and. failing to do so,
<br />shall fdrfeit to the city the sum of ten dollars ' for each. failure to observe this s 6ntr tion:
<br />And upon the performance of all the to ms and conditions of thin contracS, and tisi ►gs to be done and
<br />performed by said contractor the said city agrees to cause -.the cost of doing such work to be arse t C
<br />eted aatl pail tt� aaii contractor in the inatrner fixed b.'t statute governing the rrrakid of such improve.,
<br />g P
<br />To M& Of't114,Cmdithms and stipulations of. this centract�_ including all and singular the provisions and
<br />t+aMIs of the plans, ;profile,, specifications and resolution. aid afar s
<br />d tits r etive succut" or assign of such parti6s, - e ur<tl$xstgned binds himself O2 iti4lf,
<br />In Testimony Whereof, We,, the foregoing named parties, hereunto
<br />set our hands this 14hh, day of June 1922.-
<br />_. THOS WILI,IA>yIS
<br />CITY OF SOUTH BEND INDIANA. �,Contrac or.
<br />BY L. B. SLAUGHTER
<br />ALBERT F.-,HONER
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