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PUBLIC IMPROVEW, _NT'CONTRACT.
<br />THIS AGREEMENT amde and en-teraid into this 27th. day of June
<br />1922 amdx by and betwen Wm. H. Burke of the County of St. Joseph and Sate of Indiana,
<br />(hereinafter referred to as the "> Contractor"), and the City of SoiAth Bend, in the County,
<br />of St. Joseph and State of Indiana, by and through its Board of -Public Works, (hereinafter
<br />referred to as the " Cityy" 0 Tinder and by virtue of an Act of the Gene ral Assembly of
<br />the State of Indiana entitled, " An Act Concerning Municipal Corporations, approved
<br />March btl9059 and all amendatory and su)plemental acts thereto:--
<br />Witnesseth, that the contractor coenants and Agrees to construct
<br />wad ter connections on Sycamore Street from Colfax Avenue to La& Salle Avenue, in the City
<br />of South Bend, Indianaat and for the following prices: -
<br />inch taps each. 037.00
<br />2-w4 --inch taps on short side, each. 26.00
<br />and to perform all work in -the prosecution of said improvement under and according to the terms &J4 "Ill-
<br />ditiotas of Improvement Resolrition No. .__:g8$-------------- adopted by the Board of Public Works..... A4Y...0, 1922.
<br />AnLd the plans, profile and specifications on file in the office of the Depa-tment of Public Works, wbich 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 lerbth. ,
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />shill and care i ri_'1 be eY,erilSti l ; tl 2t he -t all exr_avations and dangerous places,
<br />and will use all due and prover pre a i*ion to Dr 'v t intti.y y person or p ^� rty; that in the evont. o
<br />81 injury or damage re3ul1 •.g fro"I t1he vr-)or r 5 + '� fYnr, -v � t+er or thing corr..ec*.ed thert:wi'li or
<br />arising therefrom, to any pers-n or property, h tl n.av ar lic tde th same at his own expense, and as-
<br />atQiime the liability therefor; and in the event of any clam or claims berg made or any action or actions being
<br />brought against the city by reason or on account of or growing out of E,.d vrork or its construction, the said
<br />contractor will at his own expense defend the same, and vrtil pay any. judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />r.xpense, payment 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 the pendency thereof,
<br />than any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />ow hit "nstruction bo", as to th- amount, liability and other platters pertaining thereto.
<br />And the coenfactor agrees to maintain said improvement and make such. -repairs as may be necessary fo,
<br />the period and in the m4nner as fixed by the sa-cifications, and to secure the maintenance and repair thereof
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the
<br />sppeifteations. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any other person for any ii juryor damage to any person or prop-
<br />erty in the same manner and to the same extent a-s is fixed in the last preceding paragraph covering the con•
<br />struction worm.
<br />hod it is further agreed by and between said parts tkat the acceptance of the work provided for in this
<br />contract, of: the payment thereof, shall not consritute a waiver on the part ©f the city of any of the provis-
<br />logs of this contract, nor shall it release said contractor or tke sureties on his bond for the fasthful perform-
<br />ance th eof a nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />ittrac� except t� the cxte It of entitling t ,e 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 tnay reserve out of any allowance sriade on any estimate
<br />In favor of the contractor or 1 e assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as ma ° �ccssary to pay all laborers or, material men for amounts due them for
<br />wen* dor& or•matcrials useti or, iurnished to he used in the perforxatance of this contract and the doing of
<br />said work, and the county trea�sttrer, acting as city treasurer, may retain money col teed from property
<br />owners assessed for said improvement to pay such debts or uudi the oontrr-r-Wr shoves that they have been
<br />paid or satisfied
<br />The cpntaa''ror agrees to remo--y all robbish. earth, and unused material is tInte streets or %N;A i`=:_ __, t
<br />hots oof the ii mplet9n roeeittv.tt or the repairing thereof:
<br />or
<br />The woi 1 of iria:kiitg imelk impro=cement shall: be completed according to ale terr-3 ®f - contract on
<br />........................ day of----------------- - --------------- ...... .........
<br />. i •�
<br />uttlom th@ tiltic for the completio)n of the sar� i shall bi extended in writing by the Board of FuiP.Oi :��ir>,S.
<br />.end. it N agreed that any such extenuion of time, or anv alteration of this contract or of the manner or, meth-
<br />d1 doing ouch work shall in no way affect the duties, obligations or, liabilities of the contractor or his sure -
<br />It to agreed that the contractor shall not assign this -ract, or sob -let, the work or any part thereof to
<br />biy dons hereunder, without the written con,;it of the beard of P; hlic Works.
<br />It Ig farther agreed and stipula+ed tl! t t'ae contractor shall give to residents of said city and ,t)atY
<br />in the enipl®yient of all labor necessary in the performance of this contract, and failing to & so,
<br />t1 lot;Nk to the city, the stem of ten dollars for each. failure to observe this stipulation.
<br />htiA upott the per ormance of all the terms and conditions of this contract, and things to be done and
<br />j�,,,tf,q-ivtd by Bald contraetor the scid city agrees to cause the cost of doing such work to be assessed, col-
<br />i> ate a&d piid to @aid CtAltract or in the manner fixed by the. statute governing the making of such improve-
<br />p, &th ®f tho- eat}ttditions and stipulations of this contract, including all and singular the provisions and
<br />t § the is s, Ipmfile, specifi,,ations and resolution aforesaid, the under*igned bihiA himself or itself,
<br />add �z;y V:.-f&tjvt gumtssor or assig-" of such parties. '
<br />IN TESTIMONY WHEREOP, We, the foregoing named parties,
<br />hereunto set our hands this 27th. d.aay of June 1922.
<br />CITY OF SOUTH BEND„ ' INDIANA. WM H. , BURKE
<br />L. B. SLAUGHTER Contractor;
<br />L. P. HARDY
<br />Its Boar of KOM Works.
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