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<br />'11tcJ L iitS dIS uS., .. 9-__--
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<br />C. R. WEISS H. B. DEMILER, Seey. ---
<br />-------- .................-----. �1..-__.^.___....._.................. � IIAPYi:,AND_`RASUALTYUCOMPANY
<br />ER
<br />1. e a ore b �d approved this---.._..-..2�1t�,,!„ .t���',.�1�'�� F' E I . S��o &y' in, fact.
<br />August 1922.
<br />.L..•e P. HARD_ Y
<br />HONER
<br />PUBLIC IMPROVEl1,sENT CONTRACT.
<br />This agregiment, made and entered into this 29th. day of August 1922
<br />by and between Thomas Williams of the County of St. Joseph and State of Indiana
<br />(hereinafter referred to as the " Contractor"), and'the City of South Bend, in the
<br />County of St. Joseph and State of Indiana, by and through its Board of Public Works
<br />(hereinafter referred to as the " City") under and by virtue of an Act ref the
<br />Act of the General Assembly of the State of Indiana, entitled " An Act Concerning
<br />Municipal Corporations, " approved March 691905, and all amendatory and supplemental
<br />acts thereto:-
<br />witnesseth, that the contractor covenants and agrees to construct
<br />water connections on South M>exdx Michigan Street from Donmeyer Avenue to Chipeewa
<br />Avenue, in the City of South Bend, Indiana at and for the fallowing pricest-�
<br />44 taps on long side, each... $38•L5
<br />24 taps on short side, each 25.30
<br />of said irnpro,,-c- :er t under and according to the terms aixl cetx*
<br />r itt ,1.5 , e 7. r pr , /r.i1_ent 12..sol ;tso ?ao.------ adopted by tMe 13card of Public Works.., J l t 1 419 22
<br />ar. i tkp'anrs, pro{ e :?.wd spot ,f, do (jr. tilt in the of'!;ce of the Depart_ =t of Public Works. wbieh said
<br />rc:r,r,jutic;r., rlaos, t,,of le arid st,t_ciffcations a.rt rnade a part hereof as fully and effectually as if copied and
<br />sit c;;,i; at full length.
<br />:;<; r r;z,fr:3.cf:or further expres ly;cc;venarts and agrees that in the prosecution of said work all proper
<br />shill and rare Will b,: e;cercis- J ; that he 'rill properly _- a.rd r..o`^ct all excavations and dangerous places,
<br />trd willuse; atl clue ar_d proper precaution to prey vt inl'--trY 'o-%.r'-y person or property; that in the event ,)f
<br />c i 4l m — t a a r n ,^tF +{
<br />ii,lly ]rl�l:ry OT' +�arr!. �. t?-t. I"ci ill ting from the R+�r.: Cr re.. ;..1,.'�'� Eton= a"'.Y —atter Or th-n� ,.C..n. .. d th('.ri.�t'i :=n Or
<br />arising therefrr�rr,, to any person or property, h^ v< 11_ p-_y ar-t lic"idat� the same at his oven expense. and a.s-
<br />suine the liability therefor; ind in the event of any cl.airn or claims being made or any action Or actions
<br />brottl,ht against. the city by ieason or on accca:-_t of or grolving out of or its eon,_traction, h,, s I
<br />c�nfiractor gill at his ovm expense defend the same, and will pay any judgment recovered therein, arrd t-v±'' iri
<br />all respects fully inderrinify arid save harmless said city, its officers, agents or representatives frorn all cost,
<br />expens(,, p4ltient o_ judgment recovered in connection with such claim or claims, action or actions. A- 1 f
<br />within ten days after any such action is begun, the city shall notify, the contractor of the pens? cy ther A,
<br />th._n auy jtul r.:ent r rcdered against the city sl a.11 be couelasive against the ee:itractor and against the surr.ty
<br />Ga Ili;! C. L::,elUk-,LiU.L W- J.:d, as to th- an.,+__ t, 1`s�_':lry "aid of er niatters pertaimn- thcleto.
<br />And the contractor agrees to maintain said iinproaemcnt a .a 4:.a..e such rep irs 45 Ma),
<br />the period and in the manner as fixed'by the specifications, and to sect re the maintenance and rep4r,_ thet_s,
<br />to file with the Board of Public Works a bond with sufficient surety thercon and in an ainotint as fixed by.• the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be -
<br />subject tothe sane liability to the city and any other person for any injury- or damage to any perg-!a or prol3_
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph cove -ring the edit=
<br />struction work. .
<br />Aud it is further agreed by and between said parties that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city (if any of the ptuvis-
<br />ions of this contract, nor shall it rtlease said contractor or the sureties on his bond for the fa:lthfut perform-
<br />ance thereof; nor shall the acceptance. be prima facie evidence of the performance of tiny provision of this
<br />contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the making of
<br />such improvement and in the performance of this contract, whether done or furnished for him,- or his tt.gent,
<br />assignee, successor or subcontractor; and the city may reserve out of a,ny allowance intide on any estitna.tt:
<br />in favor of the contractor or-1-- assigns, or out of the amount due him or his asgigng upon the completion
<br />of the work, so much as ma}-cessary to pay all laborers or materiat men for anioutits due them for
<br />work done or materials used or, furnished to be used in the performance of this Contract nd the doing of
<br />said work, and the county treasurer, acting as city treasurer, t-.iay retain riioncy colh-ctet from propertq
<br />owners assessed for said improvement to pay such debts or tarsi-1 the ec._::.tt:;r sl`.ovig tN t they hays been
<br />paid or satisfied
<br />i:,e co.,r-a- c:7 aa,ees to remo- e ail rv5'_,:3h. eartlr. axed waterial in the streets or sid--s thercol.
<br />Upon the completion of .the .irt°tproucinz tt or the repaning there -of.
<br />The work of tmtking stick improvement shall be completed according to the terms of this contract on rr
<br />19 .........
<br />untam the time for the completion of the sane shall be exter4ed in writi_,g by the Board of Public Work.
<br />tld it is agt et=rl that any such eittew4on of tirntt, or any alteration of tt,;s contract or of the manner or mc;tli-
<br />tftl of tlttirig ovcii work shall in no way'affect the duties, obligations or liabilities of the co atrector or We sui,Q—
<br />1t is agi,-cc.cl That the contractor shall not assign this r�- -ract, or sub -let, the work or any pert thereof to
<br />bb d.titip herr:lrrtrler, 'withov# the writ -`en of the b ;:ard of Public Works.
<br />1t is further agreed and stipulated thst t%— contractor shall give to residents of said city and cc+•sr-tty
<br />prreftrtntt in the employment of all labor necessary in the performance of this contract, and failing to d.t so,
<br />6611 forfeit to the City the sum of ten dollars for each failurb to observe this stipulation.
<br />And upon the performance of all the. terms and conditions of this contract, and things to be done and
<br />ertirormt=d by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />e-atA KU paid to staid contractor in the manner fixed by the statute governing the making of such improve -
<br />To with of the tondifions and stipulations of this contract, including all and singular 'the. provisions and
<br />ttm,t! of the plans, profile, specifications and resolution aforesaid,, the -und.=51gncd binds Iiii.iself or itself.
<br />t►ud Crva t ii. pective successor or a.ssigrrs of such parties.
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