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<br />The following bond and contract approved by the Board, same
<br />having been approved by the Common Council and the sum of $49784.00 allowed
<br />to the Miscellaneous Fundfor the payment' of some.
<br />PUBLIC IVPROV3=T CONtRACT.
<br />This Agtoement, Made and entored ; into. this 30th., day of
<br />July 19�9 by and between H. Ci,.Weaver.,of the .County of St. .Joseph, and
<br />gtate of Indiana(hereinafter ,referred to as the ". Contractor"), and the City
<br />of South Bend,' in the County of St Joseph, and Stato of Indiana, by and
<br />through its . Hoard of Public Worksq (hereinafter referred to as the " City"
<br />-,,under and by virtue of an"Act , of .the General Assombly of the State Of
<br />Indiana,, entitled ",An. Act., Concerning Munieipal Cprporat ions: "approved
<br />March 6,1905, and •all ' amendatory and suppletentil acts .thereto:
<br />Witnesseth, that the contractor icovenants and agrees to oon-.
<br />struct,submerged reinforced concrete out let c �plete in the City of South
<br />Bend. Indiana at out let,of Taylor Street sewer ato R1ver ,at_ el&nd Avenue
<br />at and, for the following prices:."! -
<br />Submerged r*inforced concrete qutlet comPj166#....,$4,184.00
<br />and �to perform all work in the iirosecu'tion` of pai4 improvement qn#er and according4o the terms &M
<br />p, adopted by! the Board of Public works ..... _`T 1� 9
<br />ditions'of Im rovement Res�ltatia�tt lea ________ ______
<br />and :the, plans, profile and specsfications on: frle Its the office of the jDepa-tment of . Public Works, wb1ch said
<br />resolution, plans; profile and specificatloni are made a part hereof as .fully and effecttally as if copied .and
<br />set out 'herein ii full. length.
<br />The contractor further expressly covenants and agrees that In the �ros =: $ -gild. work all proper
<br />skill attd care < ; 1 be exercis•etl, fl n e he r;�l p�o;i�:r'� ";r f Ord F of^rt a 1 .e ate. ngerotas places,.
<br />and +'l use all flue and r ooer p* c. 1tI0I1 toprev�nt rn u+y fh :r. perso+ ^ er n- i A eV �t � •=.
<br />any injury or dam,;e;resulting from,the worn_ .or res"Itt'i i front a v matte: -or�,.ng -ots*�1hhr.tvs'� ex
<br />arising therefrom, to any Per;;.^n or ,06perty, he ��- 11 nav anal T!ltti�ate the sane at h s-o7.. _V$ k1sc, a.rd as-
<br />sume the liability therefor; and in the event of any elaim or cl�imr , tieing made or any action or.;a�tions
<br />bro-.Yght against the city by reason for on account ,.of.or growing out of s nid vror?t or its construct?")-1t:., s t
<br />contractor will at his own $xpense defend` the same, arils ill pay a}ty judgment recovered -therein, and i l 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. Al ;d f
<br />within fen days after any, such action is begun, the city shall notify the contractor of tne-p,2r.At-cv Cher f,
<br />then any i.udgmeni retldered against the city shall be canclusive alnst.the contractor and against the surety
<br />in his construction bond, as to th 'tmount, liability and other matters pertaining thereto.
<br />, ijd the coprac-or agrca's i.aa r,a.n -1 u ii t? ,• ^"tI tfjd:Se r }!
<br />this i' pd €l' d in the manner as fired by thh snc-ci`,co _ions, a, d t se•c,_re .pie waiilte;tane:e �..o r l� � e
<br />G) lr ✓ith the Board of Public Works a bond ; ith sufcient surety thereon and in an atntwnt as axed b�f G'
<br />ope:, sfications, And in doing -such repair.worlc the contractor and the surety on his Finarantee be-rd shall t?o
<br />filiblect to the:same liability to the city and any other person for any injury or damage to any per. *. o . pro '
<br />afty in the same manner and to the same extent as is fixed in the last preceding paragraph covering tho.c%A•
<br />Et!`uetit3il, tiVdr1�.
<br />And 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 of any of the provis,
<br />1ClA of this contract, nor shall it release said contractor or the sureties on his bond far the faithful perform
<br />Ahee 'thereof; nor :hall the acceptance be prima facie evidence of the performance, pt any 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 />ouch improvement and in the performance of this contract, whet er done or furnished for him, or his agent
<br />assiffnee, successor Or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in favor of the Contractor or I- assigns, Or out of the amount ue him or his assigns upon the Completioq_
<br />of the. work, so much as ma cessary to pay all laborers material men for amounts due them for
<br />work done- or materials uJit .iirnished to be used itr'the performance of this contract and the doing of
<br />said work, and the county treast,rer, acting as city tre,.surer, ay retain money .eolaeted from property ,
<br />ousters assessed for Said improvement to pay such debts or unt 1 the contractor shoves that they Uys been -
<br />paid or eatisAed
<br />eo:it~a ". sees to r�esno- _ aft rubssii, earTh_and un arts mlaLeriel 1n the atr�),ts at sides U-k�w (
<br />upA file eampietiowt bf the improvemcnt or the repairing then,
<br />work of making Bitch improvement shall be * d ccording to the terms of this Co>fitTitt oa v
<br />'4 the. _.... --- carmie :e
<br />. _.day of ................ i:A.,,,t....,4
<br />1101900 the time for tths completion of the sarP shall be exter.de in wr ling by the hard of PublfQ Wfar> si
<br />And it is agreed that any Ouch extension of time, or anv alters::; n of tl+>5 c�t+Mtrac Or of the 1lAlililit �r mtltha
<br />od'of doing such work shall in no way affect the duties, obligati ns or liabilities of the Contractor or his #iarq•
<br />ti,f�,•
<br />It is agreed that the contractor shall not ISsi;n this contras or stab -let the work or any part thor4of to
<br />be dent.:tei%under, withou4t:�the.__writ,.en con enr of the Board c Public Works,
<br />It Is further agreed and sttpula ed th2t 'z� contractor s.hal give to residents, of said city and cat;
<br />prefaance in the the etnpioyment of all labor i, cessary in the serf rinance of this contract, and falling to do tth°
<br />shall forfeit to the city, tht-sum of ten dollars:. for each failure t observe this stipulation,
<br />And upon the perfor ance of all the terms and conditions f this contract, and things t0 b9 don9 e
<br />erformed by..seid contiat or the said city agrees to cause the st 61 doing:tueh work to be 14ii4f�A.Ei,
<br />lected %nd paid to said contractor in _the manner -fixed by the star to governing ;tiu making of such impreV
<br />To each of the Conditions an4 ulations.of this contract, i eluding all and singular the proidsione a
<br />terse of the plan', profile c sand svl>at on aforesa' , the undersigned binds himself- or ttaeit,
<br />and,the rpspeetive auecessassins of -inchparties:
<br />i
<br />% Testimony., Whereof, `We, the foregolug named part ies,herouni-
<br />to set our hands this 3 tla<.. `4 y cf July.1919.
<br />CITY OP S OU TB BEND, . IND I,INA, H. C . WEA�tER
<br />G. A. ELLIOTT Contractor.
<br />JOHN F. DPSAVEN .: $o and o fPubl is Worics.
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