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This agrjaLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into this 7th. , day of April 1919
<br />by and between George Harrop of the CduVLty of St. Joseph and Stag of Indirana (herein—
<br />afte.r referred to as the " Contractor" ) , and. the City of South Bend, in the County of
<br />St. Joseph , and State of Indiana,, by and thr ough its Board of Public Works, (hereinafter
<br />referred to as the " City "), under and by virtue of an Act of the General Assembly
<br />of the State' of 'Indianna, entity d " An Act Concarning Municipal Corporations, " approved
<br />March 6,19051, and a,ll amendatory and supplemental acts -thereto.—
<br />#1itnesseth, that the contract cob covenants and agrees to pipe sewer
<br />in and. along Lindsey Street from. Land= Avenue to A'llen.Streat, .in the City of South
<br />Bend, Indiana, - at a. nd , f or the following prices:-.
<br />1057 1in- feet of. 10" inch pipe sewer, per tin ft,.,......... 1952
<br />414 tin. fee,. of. conduit..pipe„ per tin ft.... ...... ..75
<br />37 manholes, _per' f t , in depth... ............................ 5.00
<br />2 4 mar —holes, curbs and covers, each.............. .......18.00-
<br />and to perform all wgat k w' the prosect:tion of said improvement under and according to the terns end oon-
<br />i
<br />ditiops of Im pve ant w.. � .......,. aldoptcd by the Board elf Public Works. i re k- � pr nit . 1itAhsiion No.
<br />said "tlte planaf, prdttk acid 9peCiflaetians,fin 5k r"n the ofte of the Department of Public Wor al , wh ci► saf
<br />resohttlo , V ens, profile seed specifications are made a part hereof as fury and effectually as if copied and
<br />Ott out herein at full tenyth.
<br />"'��s •cc�ritractor £usiher expressly covenanis and agrees that in the prosecution of said work 9.13 proper
<br />#kill yjwl care kv l he dxefcisecl,-that he proper' "gin and nr:,te:} all excavations and dangerous places,
<br />e.nd •,ill use all due 3114 pro er precaution to prevez t snjilry >n ,ny person or pro
<br />r.:trt}>; that itt the event, n¢
<br />snyinjury or ds.mnge resulting from the w-rk or +es l}tsrg from ar.y matter or thin _connected therirwitfi or
<br />arising therefrom, to`any perer_m or Property, he will nav-Pnd lignidate the same at � s own expense, and a.s.
<br />sumo The liability therefor; and in the event of any ciairn or claims being made or any action or actions b:itig
<br />bro',ight against the .city by reason or on account of of growing out of —d -work er its construction, the said
<br />Contractor tivilt at his own expense defend the same, and =:ri2: pay any judgment recovered th-cii-, and will, in
<br />all respects fully indemnify and save harmless said city, its officers,agents or representatives from all Cost,
<br />expense, pa sndtgt-or judgment recovered in connection with such claim or claims, action or actions. And f
<br />within ten days after any such action is begun, the city shall notify the contractor of tt.,. pendency thereof,
<br />thep say judgment renskscet} against the.aty s� be conclusive against the contractor and against the surety
<br />on his conatracdon bond, as to tf' motfstt„ �iabiz W and other shatters pertaining thereto.
<br />And this OORttWOr We" to maiataw sai{E 13x l:-ro. luent am.: ;.i�a:�
<br />tills rid and 14 ON tnsMUWe u fixed by the saPcifications, anal to secure the sttaintrnratt�e sand repair th-creof
<br />1q Pis �'Ith the �Ird of Public Works a bond x-ith sufficient surety thereon and in an arttount as listed by the
<br />t el�ir�3tifts, And in +ring such repair work the contractor and tics surety on his giiarantee bond sli4li be
<br />601M to the same lfabitlty to the city and any other person for any injury or damage , tU at►y pars; ,jti or prop>
<br />#"y Ill the same manner and to the same extent as is fixed in the last preceding i;arEd9r4ph coveritig the colt,
<br />dtruation worts,
<br />And It Is further agreed by and between said parties that the acceptance of the worlc providtd for it, hits,
<br />'040094t, or tht payment thereof; shalt not constitute a waiver on the part of the city of my of the provis Ipttt of this Contract, nor shall it release said contractor or the sureties on his bond fret the fiftlifttl perform-
<br />`ltts the+tinil €ter shall the Acceptance be prtms facie evidence of the performance of arty provision of thfs
<br />et►ptr#ettoxcept to the extent of entitling the contractor to the contract price thertior, °
<br />Ths Contractor agrees to pay for all labor and materials used or furnished to be used In the nmakttng of
<br />such improvalngUt And In the performance of this contract, whether done or furnished for #lint, ells his want, _
<br />eawslgilta, tttetessor or aubeontractor ; and the city may reserve out of any allowance shade CM any astl ats
<br />trrol' of tht corttractOr or ' ' ftssign% or out of the asuount due hiss or his assigstt upon the tortsplalit n
<br />st'lt, to muck t►: lets-essary to pay all kawers or materisu men for assounts dtie thetsl o!
<br />ot• tlaa 61Ws Met; dhdahed to be awdl is the perforsessnes of this contract sad iha dtrittg of
<br />wor 4* the-agetntF trta".rcr, acdw as dty tr+atsaW'. tmt rota' n "low dolltetsd item property
<br />tests ti� %t "W' impraYammst to"Pay Sw* debts or amen se.co toss tylst that have been
<br />f
<br />rrtrw- ,; all rtra,7t=sit, earxtu ik M unused material in the str%a!y or aides, tihltaot
<br />upon the complet%n 0i the improvement or the ftpB;ring thereof.
<br />The work of making wh improvement shall be comp4eted according to the terms of this befrre the ....................... h a contract 9n or
<br />.._._....._.�._...----.__.__.-----..._....._.,..»---...-.day off............
<br />unless the time for the com-,)Ier4 ,., ,.
<br />on of the sa., a shall be extended .an writil g by theBourdof Public Works, And it 13 agreed Ylrat cry such extenfion of time, or any aiterr<rirt, of this ertttraCt or ,f the tnimnar air meth-
<br />od of doing such tvoric shall :ti no way affect the duties, obtigstiors or iiabilsties cli the tii;itrartt�r or ills afire■
<br />ties.
<br />Tt is agreed that the contractor shall not assign this eontrm t, or sub -let the work or any part theroof to
<br />be done hereunder, with: pit the •.,rittr=, {�-::,. ,t of the l3nzrtl ,.,r F:zhlid ��'c�r1Ps,
<br />It is further agreed aixd sciptiiz d +', -t ' t- contractor shall givato re,idents of said city and datitlty
<br />preference in the elnployrnent of a?i labor r.•..:,essary in the perfcrrrnanee of this cci!trm&., <it, 'a"Iitig to ado se,
<br />shall forfeit to the city t're sure of t.n dollars for each �..
<br />h failure to of -serve this stipulation,
<br />And upon the performance of all the terms and 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 suclr work to be, ast~es td, t tl- Jetted and paid to said contractor in the manner fixed by the statute governing the Makin# of such improve MtAtL
<br />To each of the conditions and stipulations of, contract, including all and singular the provision' a�t1
<br />terms of the *i1a..ns, profile, specifications and resolutiogp a�foreWd, '
<br />and the respective successor or assi this binds himself or itsaif,
<br />giLi o€ such oarti es.
<br />IN TESTIMONY WHEREOF. We the foregoing named parties, ha-reunto set our
<br />hands this 7th. , day of April 2919, r
<br />RE109- rTARROP Contractor.
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