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PUBUIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and lantered into this 22nd. day of June 1920.
<br />by and between Wm. H. Burke of the County of St.. Joseph and State of Indiana (here-
<br />inafter referred to as the "Contractor"), and the City of South Bend, in the °
<br />County of St. Joseph, and State of Indiana, by and through its Board of Public Works
<br />(hereinafter referred to as the " City"),,- under and by virtue of an Act of the
<br />general Assembly of- the State of Indiana, entitled " An Act Concerning Municipal °
<br />Corporations, " approved March 6,.1905, and all amendatory and supplemental acts
<br />thereto: ,- -
<br />Witnesseth, that the contra(rtto,r covenants and agraes. to construct water
<br />connections on. Dupha° Street, groan Hs,rr.is. Street to Jackson Street, in the City of
<br />South Bend, Ind;ians,, ° at. and, for. the. following. prices:
<br />9 taps on the short side, each.................;.0 0 0 0 0 0 a es 19.50 -
<br />10`taps on the long side, eaoh. .:...................... 21.50
<br />A. erform=all work in the rQsecLit%tt s ,tsad s i secatdin€; to the.:tcrins: aria i i�r "
<br />diTions elf Im rove merif-1itanfution No. _ 0 _� � •
<br />P .- oTted _y he 3m ,r2f cif Public Works.. Maw--�-! 192°0
<br />'*and the .pla ; profile and specifications on file it3the ice of -the 1) a tment .of Public Works, rvlrich Bald
<br />resolutiet�s, plans, ro&le and specificatipns are made a part hereof "as #ally and effectually as if copied,arid
<br />set out h"erein at ull`length.
<br />The contractor further. expressly covenants and agrees that in the prosecutionofsaid work all prover
<br />skill and care i i-I be exercise"' thn t he . '1'r-on *• : d r' o` - all e - avations and dangerous Ptaeas,
<br />a34d l..tfill Use all t#ue d p ^T?Qr 13recft .lon to prev 1t intU jury `l y person or 1 V; t'� J;1
<br />any injury or damage resuhi,g fro. tlhe. w r`:.orfTOn1 A',y t�- Or the �'¢!'nt'-,n^+F Y'� , .
<br />d th^ . i- v or
<br />arising therefrom, to any.pers—i or n operty, he *'li nay a��i t'Iidat the s me a.t{^;; own exp. ns?,.2 }',,-
<br />sume the liability ther--for; and in the event of any claim or cla.zrus be ng tn;d� or any action or a t_o s a q
<br />bm,tght against the city by reason or on account of or growing out of s�'d , ,ter'.; or its can_trvice ion,
<br />contractor wili at his own expense defend the same, and tiiiil payany judo- : eat recovered therein, and a 1 :ia
<br />all respects, fully int!_trinify and save harmless said city, its officers, agents or represeztatives,frorm all curt;
<br />expense, payment or-}udgment -recovered iti 'conaection with such claim or claims, action or actions. ' A--1 f
<br />Within ten clays after any surf action is begun, the city shall notify the contractor of tY_t.;
<br />Awn.any :judgment rendered. against the city shall be con6hL sive against the contractor and against the sur-tL ;.
<br />Whis construction bond, as to tlm amount., liability as�d other, matters pertaining thereto..
<br />A#d he`e trae �r agrees to. ma s tarp said imp s��renzent st - a1,e ou repairs a e neeeaaas�y :t;
<br />the, ri"od inn tat .t�a� tslariner as fixer] 19y the s.;aPcif canons, ana io,seeaxe ire ma �zt i�ancg �,nd reps x H ere
<br />to with the Soard'of FuMie Works `a �ioiz ti,ritl sufficient surety thereon and4a an a cunt as fixed, y lhi
<br />oppilAcatiovs: And in doing such repair work the contractor and the surety on his guarantee bond shall
<br />sultf eet to the.sasne liability to the city and any other person for any injury or damage to any pers;=1_or.,.propl
<br />erty In the sage mariner and to the same extent as is fixed in the last preceding. paragraph the: cons
<br />,truction work,
<br />And it is further agrecd,by and bet-v,eca said parties that the acceptance of the work provfded for in thli
<br />ontrsct, or the payment thereof, shall not constitute a waiver on the part of the city -of any, of the joovis.
<br />l€i=s ,of this Contract; nor shall it relea:3e said contractor orthe sureties on his band for the -% tllfu;1 pek'fei?`a
<br />Valee thiareof1, nor shall the acceptar:ce be prima facie evidence of the perforiiiartce of Ray provision (it tbii
<br />eGnt 0.Ct, exc.cpt t0 the exCentof entitling 'the contractor to the con ract price t1Yet'c`ur.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used In the mutidiig (if
<br />4119h improvement and in'the performance of this contract, wliether done or_fundshcd for hith,"or his Arpattt
<br />anignee, auccenor or Subcontractor; and the city may reser-ite out of any a1lowaiice viRde on any 66thn to
<br />in favor of th% contractor or t.'_ assigns, or out of the amount due hh-n or his arsigia upon the ewnpfatkm
<br />0 f],O. \T+ o k, *0 WuCh as me- Cemry to pay all laborczs ; or rnaateria, intent for at 1.ettrtto dtle thild for
<br />wqh worse or immeriah tutu ar varnished to be used in theperforr .,rjce of this coirtt•a.A and tim dom (if
<br />wid wQvlz� and lh-r koutily acrilig as city treasurer,, r racy refn t"ro""y %`af,-: � froul Pt`(if PAY
<br />tx*�At: " asayssed for said jrApvo"Crarvit to pay such debts or u ;-Jl the ecrrxa.Ci(pir ANOV.ig thptk tbey b0*6 lAcP
<br />p��id �r gxt,sfiFst
<br />.e cc-: to rerou all run Ysit, earth. and unused snateriat in the atreets or tides:Wi;xc
<br />Apon the dompletion of the impro!m�nt or the repairing thereof.
<br />The work of nuking such improvement shall be complet4d according to the -terms of this contract.on oit::
<br />lWfore the.............................................................................. day of. ---------_---•-------------- - -_- -- ....................... -•---
<br />l��
<br />tutt the Eirtre for the Cori pletion of the sar^e shall be extended in writing by theBoard of Public Works.
<br />hid>it is agreed that any sloth exten-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 assign this contract, or sub -let the work or any part thereof to
<br />be done hereunder, withottt the written. cov,_-:,nt of the Board of Pi!blic Works.
<br />It is further agreed and stiptalated thal a:!. contractor -shall give to .residents of said city and, county
<br />preference in the employm�.nt 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 thig stipulation. .
<br />And upon the performance of ail the terms and conditions of this contract; and things to.be:-done and
<br />pperformed by said contractor the said city agrees to cause the cost of doing such work to be assessed. col--
<br />lected and paid to said contractor in the manner fixed by the statute governing the makiug of s%W.fmprove-
<br />ments.
<br />To each of the conditions and stipulations of this contracti including alVand.siaguar the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigno& binds hirn§t1t* itself,
<br />and the respective successor or assigVs of such- partim
<br />.In Testimony Whereof, We, the °foregoing named parties, hereunto
<br />set our hands this 22nd. day of June 1920.
<br />WM. H. BURKE
<br />CITY_OF SOUTH BEND, INDIANA. Contractor.
<br />BY HARVEY F. ROSTISER
<br />JOHN F. DEHAVEN
<br />Its Board of Public Works.
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