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352
<br />Wednesday August 16th.,.1922. Continued.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This agreement, Made and entered into this 16th. day of August 1922
<br />by ��dbbetween Wm. H. Burke of the County of St. Joseph and State of Indiana there-
<br />inafter referred to as the " Contractor"), and the City of South Bend, in the County
<br />of St. Joseph, and State of Indiana, b and through its Board of Public Works,
<br />(hereinafter referred to as the " City 0, under and by &at virtue of an Act of the
<br />General Assembly of the State of Indiana, entitled " An Act Concerning Municipal
<br />Corporations, " approved March 6,19059 and all amendatory and supplemental acts
<br />thereto:
<br />Witnesseth, that the contractor covenants and agrees to place water
<br />taps on Division Street from Olive Street to Liberty Street, in the City of South
<br />Bend, Indiana at �.nd for the following prices:-
<br />74 taps on short side, each.... $21,00
<br />24 taps on long side, each 26.00
<br />_d to perfom! all work in the prosecution of said ftnprovemcnt under and accore4ig to the terms axrd coif
<br />ditions of Improvement Resolution No. ..1020.... ....... adopted by the Board of Public Works ---- _AU914St1,1922
<br />arid. the plays, profile arzd specifications on file in the ,office of the Depa . tment of Public .Wgrks, v�hlrh saiu
<br />resoNVoii, plans, profile and specifications are made a part hereof as fully and effectually as if copied r.nd
<br />set ou . hei coin at full length.
<br />rlhe, cou)tra:ctor further expressly covenants and agrees that in the prosecution of said work all proper
<br />sl<-;D .r, ,i care .rill be exercis-ad; that he -�i11 1 oner r } p all excavations and dangerous plan
<br />n l 1 ose all due arid proper precaiit;on to or -.VG .t an �J. *7 Art person n ^^ .`� 1Y
<br />J. Y y p r p r; t,,at i `h� eve, t r,
<br />y 1 1iiry nr da.rna-e resulting from the u o _ Or rFS?zl i� fr �11i ? y r :t+? or thz11 rOnnec*.Pd t11 T?1JY k1 Or
<br />:salmi ihere.frozn, to any person or property, he v-11 pav an-i liq idate the same at his o�Tn expense, and as
<br />ur1 c the liability "therefor ; and in the event of any ciairl or claims being made or any action cr actions beirp
<br />bro.�ght against the city by reason or on account of or growing out of s ;.id work or its construction; the s : `1
<br />c<; 1 t, Lctor will at his own expense defend the same, and will pay any judgment recovered therein; and wit in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, pay>nent or judgment recovered in connection with such claim or claims, action Ior actions. And f
<br />within ten days after any such action is begun, the city shall notify the contractor of the vpndercv ther : ;f,
<br />th.;n any judge lent reiidered against the city shall be conclusive against the contractor and against the surety
<br />cit hia eDzistmetio-i bu_ncl, as to tb- arnoi:nt, liab lity and other matters pertaining thereto.
<br />ha con inactor agrzes w 3=1 stain said iinl Tr7- c:i lent a_ J t ,a'>.e pt �: i] A q t'
<br />the jx, od iiaad in the inanneras.fixed by the s►�gcificalio±ts, as�� to t€it, 1siwir4:tti&w,,O, dv} i tivazt
<br />to f ire With, t' a Board of Public Works a bond x ith s-,4�i iealt stzrAy thtyzon mi'a if), aid iAbIltlt dll li��tl lixZ ,
<br />k}��61sjc�tions, And in doing such repair work the contrAttpr pnd. ihA surety bti hli petard; tee boh4
<br />ho"blect 10 the sar.ae liability to the city and any other rson for a11y ut datr,a�e trt €tt►y per :_� rr i,t ,s .
<br />e'i'ty tft the stl,i-ne manner and to the same extent a`s is fixed in the last preceding pars.grs,ph to ei-Zile' the uoa-
<br />ftiirc;4:iori work.
<br />At;d it is further agreed by and between said rdrt ,^s that the ate ep 'a ace of the- *Urk pprovided fnr in
<br />contract, or the payment thereof, shall not constitute a waiver cii t4Ze part of the city df'any of the 01;6-vzs
<br />ioZ,s of thiw contract, nor shall it release said contractor or the sureties on his bond for the Ofliful peirfr on,
<br />ix;zt;e thereof; nor shall the acceptance be prima facie evidence of the perfornia,nce of any, provision of
<br />'Mritract, except tq 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 makiti,g of
<br />such improvement and in the performance of this contract, whether done or furnished for liim, or his agent"
<br />as©i,gnea, successor or subcontractor; and the city may reserve.out of si.ny allowance trade on any enfimatv,
<br />in favor of the contractor or 1,; • assigzis, or out of the amount due him or his assigns upon the completion
<br />Of the work, so much as ma} ,cessary to pay-all.laborers or materiat. men -for amountg due there for .;
<br />work clone or materials used or furnished to be used in the performance of this contract pid the drying cif"'.
<br />said work, and the county treasurer, acting as city «.reagurer; Znaq retain money toll-cted from ptdpeit
<br />owners assessed for said improvement to pay such debts or wall the COilt�sLGbF3E shov.,6 that thoy fin bc�si paid or satiafied
<br />'E_e colt -a^ or agrees to ream- all rubaish, earth. and un+ised material in the streets or si-d 3 ti-ior 3g
<br />UpOr;. the rotrtpletion of, the imVrovem,cnt or the 'repairing thereof,
<br />`�hst work of waiting such improvement shall be completed according to the terms of this cbsitract on car
<br />hrfork� the ....... ......
<br />Ur1lc, r, the tines for the completion of the sane shall'be extended in writ---g by the Board of Public Works,
<br />id A it is agreed that any such extension of tin -at, or any alteration of this contract or of the manner or meth-
<br />01 of doirig surh 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 assign thes W 'rart, or ,sub -let the work or any part thereof to
<br />bo done hereunder, withot+t the writ en cons-nt of the bodird of P;Zblic Works.
<br />It is further agreed and stipulated that tz: contractor shall give to residents of said city and coo-,ity
<br />preference in the employment of all labor necessary in the performance of this contract, and failing to da 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 dontract, and things to be done and
<br />erforaued by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />kcted a:tci paid to said contractor in the manner •fixed by the statute governing the miming of such improve•-
<br />i�iet�te. - -
<br />Td each of the conditions acid• stipulations Of this contract, including all and singular the-. provisions and
<br />tcrx>{s of the plats, profile, specifications and -resolution aforesaid, the, undersigned binds himself or itself,
<br />and thfi 1—pectic- successor or assigns of such --parties.
<br />In Testimony Whereof, We, the foregoing named partibes, hereunto
<br />set our hands this 16th. day of August 1922.
<br />CITY OF SOUTH BEND, INDIANA.
<br />BY L. P. HARDY
<br />Vice President.
<br />ALBERT F. HONER.
<br />Its Board of Public Works.
<br />WM. H. BURKE
<br />Per H. E. (Koheen.
<br />Contractor.
<br />
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