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<br />usada y y is it . , 19R3 . C out inued ,
<br />PUBLIC 10`IEIENT CONTRACT .
<br />Phis agre0ment, Msdo and onto sar�t;o this 26th. day of April ,1923.
<br />by and between Wm. g., Burlae of able Couut of St. Joseph and State of Indiana (hereinafter
<br />referred 'Vo as the a Contractor" �, and the City of South Bead, in the County of St
<br />Josephi, and State of Ind is>at, by and through 'ita Board of Public Works, (hereinafter
<br />3*Cerred too as the v City" . under and by virtue of aa_ Act of the General Assembly, of the
<br />$rate of Ind-Uns, entitled An Act Cone*rnftg MunitU l Corpora ions. ," .approved Marsh
<br />6,1, and all amendatory and supplemental eels thereto7—
<br />Witnesseth, that the eontraet©r
<br />aeveramts and agrees to construct sever connections on Fasameht Avenue from Walnut
<br />$�reet to Johnson Street, under Improvement Resolution No.:1053.. IA. the Ci1-y of South
<br />Bend, Indians ;f ft and for the following prices's
<br />25 sewer a onset t ions ...... • • • • • • .. • . • • • •each..... • 0$85.00
<br />a'a to perform all work in the prosecution of said improvement under and according to the terms and C4tt�
<br />ditions of Improvement Resobition hio.._._... ,..___., adopted by the Board of Public Works a A • �ad 1923 �
<br />and the plan_s,..profile and specifications on file "*± the office of the Department of Public Works. which said
<br />resolution, plans; profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />"he contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill ai-d care, ;1l be exercised; that- - he -1 prop,-' ! •-d F- all excavations and dangerous places,
<br />and ...:M use all due a.rd proper precaution to rev -t i-jvey -) :ry person or pro, tray; that in the event QL
<br />an.y injury or damage resulting from the or res�iltii ,' from a�.v ma.tter or thing conr%ected therewith or
<br />arising therefrom, to any person or property, he �11 pay sr-i he idate the same at his own expense, and as-
<br />sume the liability therefor; and in the event of anclairl or claims being made or any action or actions being
<br />brought against the &y by reason or on account -of or growing out of � d vmrk or its construction, the said
<br />contractor will at his own expense defend the same, and vgill pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or re'
<br />zesentatives from. all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims; action or actiohs. And if
<br />within ten days after -any such action is begun, the city shall notify -the contractor of the pendency thereof,
<br />th -n any judgment rendered against the city shall be conelrsive against the contractor and against the.surety
<br />can his construction bond, as to th- amount, liability and other matters pertaining thereto.
<br />E'tl?Er c P �6ir„,:t��6�i exiis es to Ti aintaIn said improvement ai.1 Wake such repairs as may Le necessary . theeei,'Ad aild in the manner as fixed by the S*eciScations, and to secure the maintenance and repair thsreol
<br />to Je with the Board of i?Ublic V6'orks a bond Nvith sufficient surety thereon and in ail amount ad fixed by the
<br />>ipees'fictttiAtis, And in doing such repair work the contractor and the surety on his guarantee bttttd shall be
<br />subject to the sarre liability to tiie city and any other person for any injury or damage to any pers,.;n or to - Crty in the eI.ine manner and to the same exxtent as is fixed in the last preceding paragraph covering t pGo - ptruction work.
<br />And it is further agreed by and between said rt?. >ar2s that the. acceptance of the worst provided for In tick
<br />contract, or the payment thereof, shall not c s� iut� a
<br />waiver any df the prov
<br />IOU* of this Contract, nor shall it release said c r -4.:,; or the sui..ti: s part Of -the city ofon his bond for the faithful perforate
<br />atice thereof; nor shall the acceptance be prir•,a, fac:� e�i�cr e of the FF Morn;once of any provision of thin
<br />contract, except to the extent of entitl,ng the contra Cto;- to the con'xz:ct price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used In the makIrg of
<br />such improvement and in the performance of this contract, K-liethcr done or furnished for him, or his argent,
<br />aaeignee, successor or subcontractor; and the city may reserve out of any allowance made on arty estimate
<br />in favor of the contractor or I- assigns, or out of the amount due him or his assigns upon the Completion
<br />of the work, so mucl-t, as ma, -•cessary to pay all laborers or raateria,. inert for amounts due them fbr
<br />work clone or materials used or furnished to be used in tl:e performance of this Contract and the doing of
<br />said wont,- and the county treasurer, acting -as city treasurer, i.iay retain money Col,0--ted from property
<br />owners assessed for said improvement to pay such deti_s cr u:..il tl:e
<br />co_:trzci,r s�:o;vs ti,at they l4xve beet,paid 'br satisfied
<br />ug:ees to remo• ; all ruh�ish, earth, and umnsed material is the stt'e
<br />upon the completion of the improvement or the repairing thereof. et! Or Hde# thtreet
<br />The work of making such improvement shall be completed according to the termer of tlhls contract an '
<br />before the ..................................................
<br />:------'--=--=--= =-= -'---- _
<br />- -- -- - - day of* ...................._ ...........�. f 1�........w
<br />unless the time for the completion of the sarA shall be extended in writi,:g by the`Board�©{�tb�iC ©rke.
<br />And it is agreed that any such e_rten�ion of time, or any alteration of this contract or of the manner or- meth.
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure.
<br />ties. ...... .
<br />It is agreed that the contractor shall not �.ssign this :r , "_ract. or sub -let the work or any part thereof to
<br />be done hereunder, 1,yitbovq the, written con; -at of the Board of P hlic Works,
<br />It is further agreed and stipulated that t',e c9ntractoy.shall give to residents of said city and co jify
<br />preference id 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, an
<br />lns to be done performed by said contractor the said city agrees to cause the cost of doing such work tog
<br />be assessed, col-
<br />lected
<br />and paid to said contractor in the manner fined by the statute governing the making of such improve.
<br />snents.
<br />To each of`tlevonditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the. plans, profile., specificat or.-s and resolution aforesaid, the undersigned binds him;elf or Itself,
<br />and the r..=pective successor or assi;•._s of s>>n'n act'e:
<br />In Testimony Whereof, We, the foregoing named parties, hereunto set old
<br />our bands this 26th. day of April 1923.
<br />CITY OF SOUTH BEND, INDIANA. WM- H. BURKE
<br />BY L. B. SLAUGWM Contractor
<br />L. P• HARDY
<br />ALBERT F. HONER
<br />Its Board of Public Works.
<br />
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