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Wednesday June 14th., 19221. Continued
<br />PUBLIC IMPROVEMENT CONTRACT,
<br />THIS AGREEMENT amde and entered into this 14th. d yY of ine 1922.
<br />by and between Thomas Williams of the —County of St. Jseph and State of In�iana, hereinafter
<br />referred to as the " Contrgetor") , and the City of South Bend, • in the County of St.
<br />Joseph4 and State of Indiana, by and through its Board of Public . Works , (hereinafter
<br />referred to: as- Vie " City" ); under .and by vfttue of en .Act of the General Assembly. of the
<br />State of IndiAna. entitled, " An Act Concerning Municipal Corporations, " approved March-
<br />,1905, and all.amenda,tory and supplemental a is thereto:-
<br />Witnessethi that the contractor
<br />covenants and agrees to place water taps on Irvington Avenue from Michigan Street to
<br />Fellows Street, 'in the City of South Bend, Indiana at and for the following prices:a-
<br />22 taps on long sideeeach.....................$21.90
<br />20 taps on short side, esach..._................. 20.50
<br />and to perform all work in'the prosecution of said improvement under and ac c'i gig to the tor -ma a€rd con.
<br />ditions of Improvement resolution lvo. adopted by the Board of Public yve,;,,�� .,,,.. Appall 26,1922.
<br />and. the plans, profile ar.d specifications on file in the office of the Department of Public '�Vovks, vvb ch sR
<br />resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full ler th,.
<br />The contractor further expressly_ covenants and agrees that in the prosecution of said work all proper
<br />skill and care ,• ;;l be exercis�_,u; th,.,,.t he d i o*^ct all excavations and dangerous places,
<br />and will use all due and pro-)er p2re `_iOn to or ,r. ir.lu-v *-) Ar.y person or p-cn4rty; that in the event ol
<br />any injury or damage resulting from the ti= ��` or r l`+ �g frnrl i•-v matter or thing connected therewith or
<br />arising therefrom, to any person or property, he ar *, lic,�i.date the same at his own expense, and as-
<br />sume the liability therefor; and in the event of any ciailm or claims being made or any action or actions being
<br />brought against the city by reason or on a.ccouot of or growing out of s -.id v✓ork 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 />pence, payment or judgment recovered in connection with such claim or claims, action or actions, And if
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />t'hon any juAg�Aent rendered against- the city shall be conclusive against the contractor and against the suret,,
<br />cn kix 1 mod, as t� th- an>tg L-:� ar+d other matters pertaining themto,
<br />8 to r-at1i1tain -aid irP,•�raverl.nent and make such repairs as may be neces.ia
<br />it ', pr t ic.xl ,;tilt in rnilflhcr ZiS fi)r.c d ha, tl sp Meif#eatlons, and to secure the maintenance and repair the:r _o
<br />tv fic w1ilt t"te Board of Public "lrijca,k a 1 A with sufficient sur6ty-the reon'and, in an amount as fixed by the
<br />f�rtiirticar�t. Arid in doing such ref-mit' t l� the contractor and the surety on; his guarantee bond shall be
<br />aubjiwt to the sate liability to the city an of&r pers3m for any ?hjury or damage to any pers,,�n or prop-,
<br />t ty in the same manner atld to the same eyAcnt is fixed its the last preceding paragraph covering the con -
<br />k.niction work.
<br />A"d it is further agreed by and bettwevk s-- R lwai- ea tAat the acceptance of the work provided for in this
<br />contract, or, the payment then of, shall not c : tic a waiver on the part of the city of any of the provis
<br />inns Qf this colitr$act, nor shall it rclea.�e said , :., `-4, or the sureties on his bond for the faithful perforw
<br />attce tlmrecu; nor shall the acceptance be pri IF e rviAence of the performance of any provision of this
<br />contract, except to the extent of entitlingtr
<br />the cvt ra:-tor to the contract price therefor.
<br />The contractor agrees to pay for all labor anal xta;trrials used or furnished to be used in ti►e miaking of
<br />such imprctvrtnent and in the performance of this cnntr_ct, whether done or furnished for hire, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance wattle on any estimate
<br />in favor of the contractor or h C assigns, or out of the a.&:o}snt Atte him or i+s assigns upon the completion
<br />cf the work, so much as may >cessary to pay all lab€�ters or :aateriaa nezn for at^Aatsnts tine them fQ:r
<br />work done or materials used or i urnished to be used in tRe pe-;:for once of tkis contract and the ioing o`
<br />said ,work, and the county treasurer, acting as city treas a er, y ; etnin vis ney co�a►Aed from propert;
<br />owners assessed for said impr©vetw'z t p>.vcl orto pay such c'-. is -x :� .: R4 x 3;;; .=4 �?tE s Qy Imyp ham*
<br />s�ti,a��d -
<br />1 :e coot -a- c~ ag: ss tc FPt'?o a1►
<br />- �ctreetr
<br />Iftq Cplr=aletion bf fh$ ffttt% €�, , :tt or the repairing thereof- � 3.
<br />The- Wbfk of f3 4tEhtg §t}At 1pg F,v r'sertt €hall be completed to z c-- Ar et t: `t c
<br />€tC the .....dav of------------------- --------------- ------ ----.- h#
<br />tf &§§ the time fcaf-th@ of the as = shall be extended in wr;tt::g by the Board of ?ublic Works,
<br />Aid it k itgFe-@d that ally € i-th @tt@w1oft of tirif% or any alterr_`ion of this ccrtract or of the manner or nieth-
<br />0 ®f dQlflg @Ud-6 wdfk 0611 in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />1a:
<br />It i§ iirfetd th&t the eofltractor @hall tmt sssign this 'ract, or sub -let the work or any part thereof to
<br />6 ildhe hL4dilrttlef, withe+i# the writ:°en cot :,nt of the bu_wrd of Pi-l-Aic Works.
<br />It i§ fufthl f Agfeed and stipulated fb. t contractor shall- give to residents of said city and i = ity
<br />pt't;feftticit il3 the tthpibyrnetit of all labor necessary in the performance of this contract, and failing to Jo so,
<br />hhall fdt•fe k to the tits the §attt of ten dollars for each- failure to observe this stipulation.
<br />And Upon the peffoftrtancn of all the terms and conditions of this contract, and things to be done and
<br />rrt f i i-te l by §itid t6htfact6f the said city agrees .to cause the cost of doing such work to be assessed, col-
<br />ti,i a l pa,iA to 6di ttnittor In tlau manner fixed by the statute governing the making of such improve--
<br />-
<br />df & on ld'd-nA At4cl eupUhAtiotis of this contract, including all and singular thr; provisions and
<br />tt=t_ of the filAM, pgofik3peolfit4tions and resolution af€rcaaid, t� -++T!;igned b rJs hi7.,.s,�lf or its*lf,
<br />Gil o t eetiir� Wdt Wit or as n-%8 of Wch parties,
<br />IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto
<br />set our . he,nds' this 14th, ,clay of June 1922.
<br />CITY OF SOUTH BEND -INDIANA THOS. WILLIAMS
<br />BY L. B. SLAUGHTER Contractor,
<br />ALBERT F. HONER, '
<br />Its Board of Public Works.
<br />
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