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2, S
<br />Wednesday October 25th., 1922. Continu
<br />The following contract, approved.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into this 25th. day of October.1922.
<br />by and between William H., Burke.of the County of St. Joseph and State of Indiana
<br />(hereinafter referred to as the " Contractor"), and the, City of South Bend, in
<br />the County.of St. Joseph, and State of Indiana, by'and through its Board of Publt
<br />Works, i .hereinafter referred tows the " City"), under and by virtue of an Act
<br />of the General Assembly .of the State of Indiana, entitlwd ",An Act Concerning
<br />Municipal Corporations, " approved March 691905, and all: amendatory and supplemeA
<br />supplemental acts thereto:--
<br />v Witnesseth, that the contractor covenants and agrees to pebaace water
<br />taps on Kendall Street from Indiana Avenue to Calvert Street, in the City of Souk
<br />South Bend, Indiana, at and for the following prices:-
<br />1 tap on long side, each $24.50
<br />4 taps on short side, each 19.90
<br />W per=orin all wor": i:i �..c pT(x ec- !_lon said fillrtm. >etnent under and ace-ottiltig to the tPt'iila hitil t't)w
<br />ditl'ons of Improvement RAsolnt,on We. _,- .1:(�68- adnpted by the ]Board of PuM '; 6 1 i;;►,► t'p .:� Z. jq 1922
<br />aiid the plans, profile a-<i specifica.�:nrs op file 'y Shp office of tl..; L�epx;�kriiAnt taE Pu'hP WC W1, Ali ant
<br />resolution, p'.a-t,.s, profil> �a6d specifications are made a part hereof as fully ;knd ellectir'lly to j toplod and
<br />set out, herein at full length.
<br />13e contractor further expressly covenants and agrees that in the pros^ruflon of sold work till tit opei•
<br />skill aril care -, Tbz ex.ercis- ; tP -tie -_- l r,on�..:.. �, d 1. ,..,•tall ex-Ava,+ions a,nd dankerob N places
<br />and -;':I use ill due a.rd prT)er pr2ca,ition to riji-try to =ry person'or that 1H the event �
<br />ati.y injt+ry or dam^.ge resulting from the or resulti-; from r-y rratter or 'thin eonnectad therewl" or
<br />arising therefroni, to any pert^-i or property, he 'i,411 *?ay ana liopuidate the same at is own expense, and, ss>
<br />sunle the liability` therefor. anti in the event'of any claim or claims being made or and action or actions bein
<br />liro�.ght ,against the city by reason or on account of or growing out of :,aid work or its corytrtiction, the sail
<br />4onAractor will at his own expense defend the same, and will pay ally judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from oil coot
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions, And i�
<br />Within Teti days after .any such action is ;begun, the city shall notify" the Contractor of the pandeney thereat
<br />thuk auy judgment rendered against the city shall be conclusive against,the Contractor and Against dw surofy.
<br />ouhaec,xstruction bond, as to the amount. liability and other matters.pertaining thereto.
<br />Paid 'rie Col — —actor agrees XY al atain"said ii, ia. 'ii7 , X.
<br />Me period and m the ma,tner.as fixed by the anPcilications, and to scq�xq the iiiaziii•ei
<br />to file with t':ie Board of Public Works a bond with sufficient surety thereon and in asr art,t,WIr ns
<br />specifications. :And in doing such repairanwork the contractor and the surety on his gtiarttc tce bo I sift..,.!
<br />subject to the same Liability to. the city d any either person. for any injury-br dnmag� to any per O f„
<br />erty in the same manner and to the same extent as is,fixed in the last preceding par.ageaph cove; 1.,#4 the Co
<br />struction work.
<br />A,:d it is further- agreed by 4nd between said part es that the acceptance of -the woilt pi0vifled for i i
<br />Contract, or. the payment tlt,:-reof, shall not cbnstitute a waiver on the part of the city o finy of 11ae p;'�v,s:-
<br />his of. this contract, nor shall it rtiease said ccntraetor or the sureties on his bond for the faithful pe i for ii-
<br />lice thereof; car shall file acceptance be prima facie evidence of the performance of any piovisiott of this
<br />suntract, e wept to the extent of entitI;r, the contractor to the contract price therefor.
<br />The contractor agrees to pay fop all Tabor and materials used or furnished to be used in the tucking of
<br />such improvemcn t and in the performance of this contract, whether done or furi,lsh.ed for Mitt, or his ugent,
<br />assignee, successor or subcontractor; and the city may reserve out of any all+�-,,rance x;,ade won atty a titiinie
<br />tit favor of the contractor or s assigns, qr out of the amount due him or his assigns itpeti: the co npletioii
<br />of the v,,ork; so much as ma_ cessary to pay all laborers or r,iateriat itie for a;i minty due thout for
<br />work done or materials used or furnished to be used in the perforwance of this contract and the doing of
<br />said worn, and the county treasurer, acting as city treasurer, Ina retain V'Oncy eoilt ted from property
<br />oxvners .assessed for said }m iroves;ierrt to pay such debts or uiitii tht Cc):itraetar sl;avirs that they ht-.ye heeai
<br />D'.id sRr ,Satisfied '
<br />e:> rt`4nu- all rt Yiish. earth, and pn*wised r, aterlAt In rite streets �ar sides t; �:,
<br />upon the completion " of the improvei,t ::it or tlie'repa;,: thereof.
<br />Tlie work of insking such itntovetnertt shalt be completed according to the fcii.;s of this coaitraet c.,r c:.
<br />of
<br />bpl�l'c the
<br />litllCss the time for the M AHOJI of the sa+ e sib ll be extended in writi
<br />y o
<br />.g by the ,Board of -Public Wotles,
<br />Argil it ii; &greed that a.tisix^h p+ti.l;il�ivii f ti+;;e, or any altera`ion of this can±tact or of the manner or n,e.tlt-
<br />00 of dohg such +work shall in no -way affect the duties, obligations of liabilities of the contr,^ctor or his sui e•
<br />tl€
<br />It is agreed that the epritractor shall not ssi,n this 'IT*art. or sub -let the work or any part thereof to
<br />ba done heremitler, wirho ..y „ th! rit'�en co;. t of the I�.,,,rd of Pu blic Works.
<br />it to further agreed and stiptik,'-ed *?tat t - contractor shall gi,,e to residents of- said city ar..d co o;,ty
<br />preference in the eiriploym—nt of ;+11 labor n,!C!gsary in the performance of this contract, and failing to do so,
<br />Ahall lOrfeit to the city the sure of ten dollars for ea :h failure to observe this stipulation.
<br />Arid upon the performance of all the tel-nis and conditions of this contract, and things to be done anA
<br />rrformtd:by said contractor the said city. agrees to ca+ise the cost of doing such work to be' assessed, col-
<br />t all paid to said contractor in the manner fixed by the statute governing the making of such improve -
<br />Id
<br />C-..I t8,
<br />To catch of the Conditions and stipulations of this contract, including all and singular the. provisions and
<br />tmis of the plans, profile, specifications and resolution aforesaid, the undersigned -binds himself or itself.
<br />and tl!® TY> pactive Odeecssor or assir,'=;s of swec-
<br />In Testimony Whereof, We, the foregoing named parties hereunto
<br />set our hands this 25th. day of Oct. 1922.
<br />.CITY OF SOUTH BEND, INDIANA. WM.. H.. BURKE
<br />BY L. B. SLAUGHTER Per H. E. Aoheen Contractor
<br />L.
<br />P. HARDY
<br />T,BFR F O
<br />ItsABoar o Put Works.
<br />G"Att e s tee
<br />��l�fiGli j
<br />Clerk of the Board. PresiAent.
<br />
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