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<br />63
<br />*uea iyu Apaust 251Qi: IQ20 QcmtinllPd
<br />1
<br />PUBLIC IMPROVEMENT CONTRACT4
<br />i
<br />`This Agreement, Made and entered into this 31st day of August 1920
<br />by and between Thomas Williams of the ` County of St. TjoSeph and State_ of . Ind iana (hereft-
<br />. after referred t o as the " Contractor"), and the City of South •Bend, In the County of -St.
<br />Joseph, and State of Indiana, by and through its Board of Public Works., (hereinafter
<br />referred to as the " City"), under and .by virtue of an -Act ' of the General Asse mbly:
<br />of the State of Indiana, entitled " An Act .Concerning Municipal Corporations, " appoved
<br />March 6,1905, and all amendatory and supplementAl acts thereto:**
<br />- t :
<br />Witnesseth, that the contractor covenants and agrees to construct wate'p
<br />connections on Lawndale Ave,: fgom Van Buren 'Street to Vassar Park Addi in the City of -
<br />South Bend, Indiana at -and for the following prices:
<br />1 tap on;short -side; : : ... . . . 0. V .. ot. 60 0'..0$23.45
<br />and to perform -all tork in: the proseci:tioa o ,said improvetnneat under as#d mwordioW to the _ter as and, wd-
<br />ditions of. tmprovem. ent Resolution No. ... 8 __ i ahopteh by. -the Board of Public. W..orka,._Iyi_1, x(...'1.-7,1920 .
<br />and the plans, profile and specifica*.ions ob filein.the orrice of the Department of Puhlic Works, afich haw
<br />resolution, plans, profile and specifications are made a:pa'.rt hereof_ as fully and effectually as if topied and
<br />set out herein at full length.: ;
<br />The. contractor further expresslyy covenants and .agre s that in .the pprosecution of said work all proper
<br />skill and care z •+'l tsa exere sel; tl�. the • r"l r ten^ i , `.., *. all excavations and dangerous places,
<br />and �vi11 use all dale send pToner precaution rp or t i its v �� ry per on or p that inthe event o£
<br />any injury or damage resulting fro`_n the w1l, , it r_S t;�• fr`�t i 1.-•v or thin- connected therewith or
<br />a, sing therefrom, to any person or property, he: � 71 naY a - lie,, idate the s ne at �iis ovi►n expense, and as-
<br />su a the; liability therefor; and -in the event of any clai' or clai - s being made or any actions or actions being
<br />"broth! against the city by reason or on account of or groWiiig out df tsrid �ir?r'- or its construction, the sai
<br />uontiractor wilt- at his -,own. -expense defend, the same, and .will pay any judgment recovered therein; and will in
<br />all respectsfully indemnify and save'harmless.said city, its ogiceis, igents or representatives from all cost,
<br />then!®,' pay ent oc i.0 dginent recovered in connection with such claim or claims, action or actions. And if
<br />*ithin ton days after any such action is ,begun, the city -shall notify the contractor of tide pendency thereof,
<br />tb n any judgment rendered against the city shah be conclusive against the contractor and against the surety
<br />on his t*nstruction bond. as to'* -imount, liability and other matters pertaining thereto..
<br />And the eonrractor=agrees to >assiitt�i sa�v uut ru: ..r'ut a *»:ae su•.0 repairs as rna,
<br />the geriod and in the manner as fi:N1,�7 the ciAcations, and to secure One maintenance and repair tber ui
<br />to file with "he Board of Public W6s ieond with *uff4cient surety thereon and in an amount "'fixed by the
<br />specifications; Aiid in doing such repair work the caatrai of >Rlid:'the surety orr;lsis -guarantee bond shall be
<br />iubject to the same liability to the city *nd'any'othet ppee;;''s'on•for any injury or dimage,to any. pers,ta or prop-
<br />erty in the same manner and to the same, extent as is.fixt is the last preceding' paragraph �covenng the coii`-
<br />struction; work.
<br />'And it is further agreed by'and between said part -s that the acceptance of the worlt provided for in this =
<br />contract, or the ,pitymerit'thereof.-shall not constitute a waiver on the part of the city of any of the pruv-,s-
<br />ions of this contract, nor shall it release said.contractor or. the sureties' on his bond for the faithful perfoi
<br />ance thereof;„nor shall the accepta-ice be 'trim :facie evidence of the performance or 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 aillabor and materials used or furnished to' be used in the making of
<br />such improvement and in the ,perforniai nce. of, this .contract, whether done or furnished for.him, or his agent,
<br />assignee, successor or subcontractor; arid the city; may reserve -out' -of soy allowance made .on any estimate
<br />in favor of the contractor. `or - ,� assigns; or..out,.of.the airiount;due trim or his assigns upon the completion
<br />of the work, so much as Mai ceessary to, pay a.il laborers; or materiai mien for an, ounts due them for
<br />work done or;materials used. or` urni..shred to be used iu.the performance of this contr-Act as#d the doing of
<br />said worn;, and, "the county treasurer, acting:,as city` treasurer, nia retain money eolketed from property
<br />owners assessed .for said improvement to pay. such debts: Or until the .contractor, nt. shows :that they have bc+vn'
<br />paid or sat,. :
<br />Tne contra n- ao ees to reitli3 ai%.rsi 3-- entitle aad''anHsed maieiial I the streeA 0 miles Qi rc%A
<br />upon the _vacompletion of the.xmavent or thee-ixairing ti}ereof.
<br />The work: of making sttefi• piraveinent shall b corn efed: according to Ate tennis of eoutnlct on or
<br />iiefore the ..................... .... ..... ....... ...... illy o£...................................
<br />...... . _..:.. 19....-_—
<br />utsless the time for the completion of the sar�g:shell he ea±ended lei wr+ti:�g by the Board of Pub Works.
<br />And it is agreed that any such extension of time; or any alteration of this ccrtrrict or of the,manner or meth-
<br />od of doing such work shall°-in'no way affect the duties; o5bligations or liabilities of the contractor or his sure-
<br />ties. .
<br />It is agreed that the -contractor shall not r.ssign this contract, -or sub -let the work or any part thereof to
<br />be done hereunder, withort the vi ritten coz s .nt of the Board of Public Works;
<br />It is fui then agreed :and stipuiaed rho t '� contractor shall -give to residents of said city and county
<br />preference in the emlalo3�merit of a�l•iab�r necessary in the performance of this contract, and failing to do so,
<br />shall forfeit to the ciity the surn of ten dollars for each failure to'observe_this stipulation.
<br />And upon the p-erformance 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 catse the :cost of doing s. ch work to be assessed, col-
<br />kcte&snd paid to said contractor- in ,,the manner fixed by the •sta'tute governing a making of such improve -
<br />menu.
<br />To each Of tine conditions and stipulations of is contract; including all and singular the provisions and
<br />terms of the pans, profile, specifications and resolution aforesaid, the undersigned binds ,himself or . itself.
<br />and the respective stic*:essor or assigns of Mich parties._.
<br />In +,estimony ,.Whereof, We, ' the Foregoing named parties, hereunto
<br />-set our =hands this 319t, day' of August 1920.
<br />TBOS WILLIAMS
<br />CITY OF SOUTH BEND;` INDIANA - Contractor
<br />BY G. :A.- ELLIOTT
<br />HARVEY F- ROSTISER
<br />Its Board of Public Works,;:
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