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Wednesday June 14th., 1922, Continued.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This A reement, Made and entered into this 14th. day cif June 1922.
<br />by gnd between Thomas &i�llial- of the County o�f St. Joseph and Stat4 of Indiana,
<br />thereinafter referred' to ems the " Contractor") and -the City of South Bend, in -the
<br />Nere
<br />unt� of St. Joseph and.Sta:te �t Ind naai by and throe hits Board of Public works
<br />rafter referre to'as the city..)),landcr.and byy vrtue-of an Act of the.
<br />General Assemb y of. -the State ogg Indiana, entitled " ltin Act Concerning Municipal
<br />Corporations, approved March 601905i•and all< amendatory and supplemental acts
<br />thereto:-
<br />Witnesseth, that the contractor covenants and agrees to construct water taps
<br />on'Virginia , Street from. Broadway to E. Indiana A. venue, in the City of South Bend,
<br />Indiana at and for th following pricesr
<br />2 -taps on long side, catch, ....0.....a$23.75
<br />1 tap on• she�rt si deg each......... , .. 20.25
<br />and f0 pCifforin all Wofk in the proseetttion of said improvement under and according to the terms and car
<br />11 it fil#:�f f pt� _ftiafi l eri'tl+tflon,No, „91'.t.3................ adopted by the Board of Public Works.APXi _-4 19 2.
<br />aiid the plate, pro fe- A-r-d s.freciftes,flot,s on file in the office of the Depa:tinent of Public works, vvMrh sail
<br />l llulhfii�tt� 1� , profile and specifications are made a part hereof as fully and effectually as if copied and
<br />ll i hC14@lft at Rill let t I,
<br />Tli0' �rilfaat�f further expresrly covenants and anr,,�s that in the prosecution of said work all proper
<br />6111 gild care 1-attl ha a tere's 31; th t he i r o all excavations and dangerous places
<br />wi€1 will. h00 oil flue V:t d ppN yr r.-cal.ition to or�v 1:1 u- I) ,ry person or pr Ini lv; that i+t tbtc tavent
<br />test,� �if liP flY fi tttry: o resuhing Trom t':from :: -y !7i.tt.er or thi°np' connzctrd therewitfi ®r
<br />fir [610 €hef�#rom, to ratty.pert n or nroptrty, by , tl nayar-" ];(--.-id' the same at tis own expense, and as,
<br />otimo The liability therefor, and in the event of any claim or claims being made or any action or actions beln
<br />brought aiqalnst the city, by reason or on account of or growing out of - id vrork or its construction, the sal
<br />et lltfattoe will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />all raep o'Es fully fndeninify and save harmless said city, its officers, agents or representatives from all cost
<br />*k oliAt" pa ant or judgment recovered in connection with such claim or claims, action or actions, And iil
<br />t�tji tit ten days after atty such action is begun, the city shall notify the contractor of the pendency thereof,
<br />thw ady jnd bent reudtftd ag-ainst the city shall be conclusive against the contractor and against the surety
<br />W kit Aattacti t bid, as bca tit- art ot,_.t, habifity and other matters pertaining thereto.
<br />Pkta Gar ami; it
<br />ikiki, W r.f r�infuiv said inn•tprovement and make such repairs as maybe necessary toi-
<br />tlze r # it'` Upd its tfac tuatrtles tixrbcl b yy the snecifllcations, and to secure the maintenance and repair thereof
<br />to flit �-lth tltc Board of Public Wr-kw a bQud viith sufficient surety thereon and in an amount as fixed by the
<br />dpodAcafiono, And in doing such Mp4t`r t,vork the contractor and the surety on his guarantee bond shall be
<br />sl-4uket to the Ofirie liability to the city :elsi ally ogler ersosa for any njury or damage to any person or prop
<br />ct'ty itt the bttttta >ttatltier and to the saute c;s;tant as is fixed iY the last preceding paragraph covering the cony-
<br />sta°tie lotA work,
<br />Aiwl it is further agreed by and betweea maid fmrt es tUt tke acceptance of the work provided for _in this
<br />V1411,.VACt, or the payment thwcc*cif, shall not c-et lzft to a waiver on the part of the city of any of the provis.
<br />INIS of this contract, attar shall it release 39.4 or the sureties an his kond for the faithful perforku
<br />attire thereof; nor shall the acceptance be prima lack: evidence of the performance of any provision of this
<br />C Atract, except to the extent of entitling the cce tractor to the contract price therefor.
<br />The contractor agrees to pay for all tabor anal materials. used or furnished to be used in the snaking of
<br />such huprovenicrit and in the performance of this contract, whether done or furnished for him, or his agent,
<br />d,As'wilee, successor or subcontractor, and the city may resccve out of any allowance tide en any estiraate
<br />in to-vor of the contractor or his assigns, or out of the amount date him or kis assigns upon the costpleti
<br />ou
<br />of the work, so mutt, as may-cessary to pay afl laborers sir materiai mein for atnoants due theta for
<br />work done or materials used or furnished to be Used in the gerforasanrce of this contract and the ioing of
<br />slid work, and the vounty treasurer, acting as city trc"surer, x-aay retain money coil ed from propert
<br />owners assessed for said improvemmt to pay Seth lints or um_4 OLf ", mar s',��� vkAt they £4lye her
<br />pt,id or okftyztik-d
<br />".Cho ,coit-a^tor �gEeys to remA-•-y all ruh;rsna ear
<br />th. and tmllsed K;eteriai in >t.�_ streets car
<br />ups the �A pf Lion .o£ the impro'cnLe,it or the repairing thereof.
<br />The work of making snteh improvement shall be completed accer&aag to the ter -,=.a, cif tl�t e<?natr�tet ;n Or
<br />44yo g the
<br />,__ --------------------------------------day of-------------------------------------------------- 1p,-..,..
<br />un d i the time for the �ornpletion of the sar ,e shall be extended ion writing by the Board of Pumli'c Works,
<br />Od OfAnd tl is agreed that any such extention of tim.A, or any alteration of this contract or of the manner or meth,
<br />flee' ' i g such work shall in no way affect the duties, obligations or liabilities of time contractor or his sure.
<br />It i6 agreed thAt the contractor shall not assign this €_� •ract, or sub -let the work or any part thereof to
<br />6 done hffeunder, withort the writ :en con_;: nt of the ls::ard of Public Works.
<br />it 15further agreed and stinulated thit -*%- contractor shall give to residents of said city and ci =inly
<br />prefot`eftce in the employment of all labor necessary in the performance of this contract, and fa,ihng to do so,
<br />shall forfeit to `the eity the slam of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be done attd
<br />erfurt=led by said contractor. the said city agrees to cause the cost of doing such work to be assessed, coj_
<br />16awl aadp,aid to said contractor in the manner fixed by the statute making of such im r e
<br />e governing t17g p 9if.
<br />To V404 of the Cerditions and stipulati,@ns of this contract including all and singular thq provisictris and
<br />fCt .s of the plates, profile, specifications and resolution aforesaid, ths�u� jsrsigrted b,,r1,gs h%math{ or jts.lz,
<br />Mid E�_`E3 ti°e dive guceftsor or ass4Zq,, of sacs parties.
<br />IN TESTIMONY WHEREOF, We, the fore oing named parties,
<br />hereunto set our hands this 14th. day of June 1622.
<br />CITY OF SOUTH'BEND INDIANA. THOS. WILLIAMS
<br />L. B. SLAUGHTER -- Contractor.
<br />ALBERT F. HONER.
<br />Its Board of Public Works.
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