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W
<br />sdayr Oct Cber
<br />Continued.
<br />PUBLIC IMPROVEMENT CONTRACT
<br />This Agreement, Made and .entered into this llth. day Of Oct Ober 1922
<br />by and between ThOs. H. Williams Of the Count Of St. Joseph and Skate Of Indiana
<br />(hereinafter referred t0 as the " Contractor"K, ,and the. City Of South Bend, 'in the County
<br />Of St. JOseph, and State Of Indiana, by and thrOugy- its Board Of Public..WOrks, (here-
<br />inafter referred to, as the " City"), under and by virtue' Of an Act Of the General
<br />Asse mbly Of the State Of Indiana, entitled "' An Act COneerning,Munieipal COrpOratiOns,
<br />approved March 691905, and ,all amendatory and supplemental acts theretO:--
<br />Witnesseht, that the c0ntractOrcGven&nts and afire es t0 construct
<br />water taps On East NaytOn-Street from Marine Street tt Leer Street, in the City Of South
<br />Bend> Indiana at and for, the f011Owing prices:.�
<br />taps On 1Cng side,'each..'T... ..0....a...24.45
<br />1 tap On short, side, each................ 19.90
<br />and to perform all work in the prosecution 0, said,improy�ement under, and according 9 "tlte t!$Yii18 and -
<br />1054Public'.Aug. 2211922.
<br />ditions °of Improvement Resolution No. ...............�...., adc►pted. by the $Hard of rktg x,xx.xx.x.xvx....xxxxx.
<br />and the plans, profile Arid specifications on file it the office_.:of the Depas•tment `of Puhl c.Vrint'ks. wile$ sai�
<br />resolution, plans; profile Arid specifications are taade a part hereof as frilly and effectually as if copied and
<br />set out herein at full length.
<br />The contractor further expressly covenants an agrees that In the prosecution of aai� wo�r' all -proper
<br />skill and care :rill be exercis i; tl the - �i'1 prop A, h ! F" �` *all 'Px�ava tons and dangsrous places
<br />and igill use all due a.rd prover precaution to pr.,i'^_ t inju-y + -,ry person or p7"n ":' }►� t� t H tip evPiit
<br />any injuryor damage resulting from the vv, or r ul� �� from �+~y ^, ?t}�r or thin. conn?et!t d ther@Nv'i�l or
<br />arising therefrom, to any pers^-i or property, he �,-, rae atilt li 4l.tidate the sfpne at �i's own expen", and as=
<br />sume the liability therefor; and iri the event of any lairs Jr claims being made or any action or actionp beit�
<br />brought against the city by reason or on account o or gkw iig atit of ,id:work'or' ita construction, t 9 sai
<br />contractor will at his own expense defend the same; and trtll pay any judgment recovered therein, and will its
<br />all respects fully'indemnify and save harmless said. -city, its officers, agents or representatives from all chat
<br />expense, payment or judgment recovered in connection with such claim or claims, action or_actions. And
<br />within ten days after any such actio;c is begun, the -city sliali notify' the'eoutiietor of the pet dency therfmi,
<br />tb:.n any judgment rendered against the city shall be conclusive against, the contractor and against the surllty
<br />an has construction bond, as to tb- amount, liatiility.and other matters pertaining thereto.
<br />.P Yid the contractor agrees t€i rai.6 stain said improverrrnt at d pake. such repatx~s ,as Way fie t� f es ary
<br />48 aried end in the manner as filed by the snecifrcationa; and to secure the ttt<�ittt�lit�ttce. tud repair the'reoI
<br />tO Ak With tfft Board of Public Works a bond -with suffi60at sorery thtrton and in a31 ul1{gttht as. "e h : the
<br />ope chaos ,And in doing such repair work the nnntractoi itt6d-the surety his j;uov 1 t�� � be
<br />00JAct to the sai:ne liability to the city and-any other pperabrx fox arty it ttljt �l`: + tt1a � to g : plats+:4d'& O030a
<br />arty In the same !manner and to the slope extent as is fixed ire the last paeeeding at to ft
<br />Oruation work.
<br />Aud it is further agreed by and between said tart?�As that the aeoeptatice of the Wtjtkorb-Akjdod fbt� ill this
<br />anntrAct Or the payment thereof, shall rot constitute a waiver on tfie putt of the elty ti kul fit the p vdg;-
<br />toils Of his contract, nor shall it release said contractor or the eurefies on ills bond itit� the Nflitti1 6t ult &
<br />ancE thereof; nor shall the acceptance ne prima facie eiridence of the pertcrinartel of lily4iYbVisi � li flik
<br />contract, except to the extent of entitling the contractor to the contract price theiafbt:
<br />The contractor agrees tp pay for all labor and materials used or furitWed to be lulled hi the tt11&Jfl ' tit
<br />ouch Improvement and in the -performance of this contract, whether done or furnished for film, or his 1tl'dot-
<br />a10sigtteal eticcessar or subcontractor; and the city may reserve out of 11ny i1 lowarice tnade put 1ttiy cstfbtn�ta
<br />In fa of the contractor or ► == assigns, or out of the amount dine hl% i or Mil aselgoo ttydit tits cetnpletfett
<br />®f the work, so rnueh as ma; cessary to pay all laborers or switerial rasfl fblr gfitotutttt 411# thehi fry
<br />Work done. or materials used or Lurnished to be used in the performanca of this coutt'aet f fid the duing off
<br />#aid ware, axial the county treasurer, actnig . as city rl
<br />treasurer; . a f retalff in y 0e11ecte ltt om propef ty
<br />atvnera assessed for said improvement to'pay .such Aebtss or until thr Wntraetef ihowt tfw thq hiji beelff
<br />Tald or satisfied
<br />'_e cc_:< a e c� .'ertl, ail xu.::-sip: earth. and tt nsed material in the str"ts or stdta t.araeat
<br />upon the completion of the improvem:.n or the repairing thereof.
<br />The work of making such -improvement shall be completed according to the terns of this contract or or
<br />before the- - ---- _----- .-----•-------- -::. ..... day ol...............
<br />....-...................................... 19..........E
<br />unless the time for the con pletion of the same sha.li be extended in wr1ti--:g by the Board of Public Works,
<br />And it is agreed that any such exten-ion of tim-2, or any alterr.`ion of this contract or of the manner c?r meth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the
<br />ties. contractor or his sure -
<br />It is agreed that the contractor shall not assign .this <jw . r ot, or sub -let the work or any part thereof to
<br />be done hereunder, without the written co:.. nt of the B, :rd of P; lalic Works.
<br />It isJurtherzagreedand stipulated t'zst t;, contractor shall give to residents of said city acid coat:,ixty
<br />preference in the employment of all labor necessary -in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum 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 and
<br />Performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such improve-
<br />mentsx
<br />To each Of the conditions and. stipulations of this contract, including all and singular the provisions ard
<br />terms of the plans, profile, specifications' and resolution afaresaid, the undersigned binds himself or
<br />and the sw:pective.successor or assigns of such. parties.
<br />IN TESTIMONYTHEREOF- We , the fOreg Ding named parties, hereunto
<br />set Our hands this llth. day Of OctO.ber 1922.
<br />CITY OF SOUTH BEND,INDIANA. TF30S. WT.LL tr
<br />COntractOr.
<br />BY L. B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F.HHNER
<br />Its Board Of Public Works.
<br />
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