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<br />PUBLd4'TMPROVV;I.FENT CONgq?ACT
<br />r r This Agreement, Made and entered inky® trh.id 24th.., day..,, of September
<br />1919 by iind..IbcitWeen Thomas Williams of ,the Coutt,y of St. ``,Tose-�h and State of Indiana
<br />(hereinafter. referred to me the " Contractor"), and the -,City -of South- Bend, Indiana, in
<br />the County of St. Joseph and State off Ind iene,, , by and through its -Board, of, .Publ is Works
<br />(hereinafter referred to -,.s the " City"), order:- and by virtue of an Act -of the 4eneral
<br />Assembly of the State of iridiana, entitled' " An'Act, Concert -Ling ?luniefpal Corporations
<br />approved Mapch 6 1905, n{' eI1 amendatory p,nd subplinmtal acts thereto:
<br />..Witnesseth, that the contractor covenants and agrees to construct
<br />water connections on Ne,varre Street from Portage Avenue to Leland Avenue, in tb.e .City of
<br />South Bend, Indiana at e,nd for the following prices:-
<br />3 taps on the ton sifde, each:......... .$30'00
<br />2 taps on the short side, each. , . .:. , ........ , 22.50
<br />owd to tI rHorm all work in the prosecution w said improvement under and aceordh* to.the terms and cou.
<br />ditions of Improvement Rd,!sollition "No........-tlie office d by the. Board of Public Works ........................
<br />and the plans, profile and specifica.*ions on file -. the Depa--tment of Public Works,, which sait�
<br />resolution, plans, profile and specifications are made a< pa-rt. hereof; as fully and effectually as if coded and
<br />act out herein at Nil length, ;
<br />`rlie contractor further expressly co-*-narts and agreQs that ins the prosecution. of said work all proper
<br />still a. d care "''`i he exerc syl; tr he t , �� .: a l„ ` all excavations aid danl erous`pla6es,
<br />and .:rj7 gsc 01 diie p'"'-)er pr`;^a` tio.i to Dr * lni„-y +, :ry person or l ^^""tV; flivat in event 0.1
<br />tLi9y injury or dam^.;e resulting frcrn tt' or r, c rrt �� fro,. � y.� .tier or thin connected therewith or
<br />arising therefrom, to any pers^n or utop,�rty, )tie tl rev ar lic'date the same at 's owri expense, and as�
<br />stu:ie the liability therefor'; and in the event of any c?airl or claims being maze or any action or`actions being
<br />brokght ag.airkst_ the city by reason or on account 'of or groiOng out of s . d work or its coC strtiction, the said
<br />contractor will, at his own expense defend the same, and viill Ray any judgment recovered therein, and will in
<br />all respects 'fully indeinri fy and save harmless, saicC city;' its officers,"•agents or representatives from all cost,
<br />expense, pa ment or Judgment recovered in connection with Stich claim or claims, action or actions, .And f
<br />within ten ays, after any such action is begun, the city shall notify the contractor of tie pendency thereof;
<br />t'hj:n any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on lua. construction bond, asto tl, 'mount liability and other matters pertaining, thereto.'
<br />Aml itit coi-vgr:.es �o uivarII!€tin said ii. tit a. a i_iazle such repairs as may be neceysai-y
<br />the er od and in the manner as fixed by the sn4 cif ca'_ions, and to secure nie ni<aint Trance and repaif thereof
<br />to fie with ie-aoard of Public Works a bond with sufficient surety thereon andin an amount -as fiAiwl by the
<br />ipeci"fications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the. ssnie.liabili.ty'to the city and any other person for any inju, y or damage to -tiny pers'tn or ptop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering th c tjn- ,
<br />struction work.
<br />1. And it is further agreed by and bettyeen said parties that the acceptance of the workkprovided 'for In tl-A
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the, proyo-
<br />Inns of this contract, nor shall it release said, contractor or `the sureties on his bond for the faithful peafo rni-
<br />an" thereof; nor shall the acceptance be prima facie evidence of the performance of 'any provision of thug,
<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 agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estixiiete
<br />In favor of the contractor or I— assigns, or out of the amount due him or ilia assigns upon the completion
<br />of the work, so much as ma, cessary to pay ail laborers ori'materiaL .;nen for amounts due them fact'
<br />work done or materials urea or urnished to be used in the performance:.
<br />erformanceof this contract and the doing of
<br />said work, and the county treasurer, acting. as city treasurer, may retain money collected from property
<br />ht, itcrs assessed for saidimprovement to pay such debts o> until the contractor shoves that they have been
<br />1, .;� ot• cc=tisfiecl .
<br />rV ; z I. ear h, all + t1i:"3s ti material ih the sip€its P stti ia1 1
<br />upon the rprppletion of the ii3: row ni,, if or the repairing erect
<br />The work of V"Akirg anPh improvement shall be corn ed according to the terms of thle c�ttt�rect Atl W
<br />iaes: the ...... ................................................—day a#- ._ ......
<br />1#rIns the time for the completion of the same sh-::li be ex nctedrin writ -.g by tht Bird of Pit N ot'kg,
<br />And it is geed- that any such eaten ion .of ti*tie, or anv alfer_n'ioli of this contract or of the tnAinno_P or tit thn
<br />©d of doing such work shall in no way affect the: duflei, obliga tios or liabilities of thecontra0ar or his 111M,
<br />tin.;
<br />It is agreed that the contractor shall not Assign this cor_trartl or stiff -let the work or :any cart therM to
<br />.ha d®tie hereunder, witho!'f the v, ritten 'co nt of the Board of Public. Works,
<br />It is further agreed and stipulated That t'4- contractor shalll give to residents of said eity and County
<br />-preference in the employment cf all labor necessary in the performance of this contract, and falling to do 40,
<br />ahall forfeit to the city the sum of ten dollars for each failure td observe this stipulation,
<br />And upon the performance of all the terms anii-conditions of this contract, and things to be dons And
<br />Performed by said contractor the said city agrees to cause the cost of doing such work to be aBssAaf-d, Coi=
<br />yl�eeptpede and paid to said contractor in the manner fined by the statute governing the making of epeh, Improve-1
<br />To aach ofAhe conditions and stipulations of this contract, including all -and singular the PrOV161004 W
<br />Urma of the plaits, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
<br />'&rid the rtapcctivt suctessoror assi-xs of such Darti es.
<br />In Testimony Whereof,. We, the foregoing nariied parties, hereunto
<br />sat our hands this 24th, day Of SeDt0Mber I919« .
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