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705
<br />W dnesda.y June ?3rd ..1. 2 0. C ont inued -
<br />The f of lcw irig contracts a ppr oved .
<br />PUBLIC IMPROVEMENT CONTRACT,
<br />This Agreement, Made and 'entered into this 23rd day of June 1920
<br />by'and. betwean Wm. H. Burke of the C ounty of ,St . Jasepj a,nd State of Ind ianp (here in -
<br />after cet.lr ad to as the " C ontract or"_) and the City of South Bend, in the County of
<br />St. Jc a ph and State of Ind Tana, by and through its Board of Public Worlws, ( hereinafter
<br />raferred to as the, " Cttwy" ),, under and by virtueof an Act of the-eneral Assembly of
<br />t ha State of Ind is Da , e nt it led " A n Act Concerning Mun is ipa 1 Corp rat ions i,
<br />a, ppr oved Wre h 63,1905, and a 11 arnr radat flry send- supplem-nta 1 ants thereto: --
<br />Witneseth, that the contractor coven%nts, and agrees to construct
<br />,va to r c onne c t i ora on R usHah S tree t fr om nea,y Avenue t o Br oadwa y , in the C it y of
<br />S out h Be nd , Ind, a, na a to a+riY Y or the f o l l Qv irg, pr is es
<br />Water tap or. short s idea.each..
<br />..........................�19,70
<br />Water top on long side, each ............ . ................ 25.70
<br />i,l to perform all wort . n fie pro edition of said improvement under axed aye ,f,d to the terns Li,;!F <-
<br />ditions of Improvement RFsolntion No. %8Z----_--- :by the Board of Public `�Jorks,__M&K.-25tJ1 ., 1920�
<br />end the plans, profile and speciicaf;on.s on :file n the Nice `oftethe Department of Public Works, which saic,
<br />resolution, plans, profit and specifications are made a part hereof as fully and effectually as if copied and
<br />#et. out herein at full length.
<br />T' e contractor further expressly covenants and agrees that in the prosecution of said work all prover
<br />skill at+d care • `1 be exerc s-d ; th?t he '1 p-�n .� _ i 1.—` :.*. all excavations and dangerous places,
<br />and -;II use all due and proper p action to prev^.:t j-ntu-v tom, ,ry person. or 1-on,e ty; that in `he evert
<br />any injury or damage resulting from -the >, --*- or res,�', i- - from a.-y Tratt.er or thing conn.Act, thnretvi'� or
<br />arising therefrom, to any pers^-i or property,'ht-v,- ll nay aril lio tictate the same at his own expense, and as-
<br />sume the liability therefor; and in the event of any clam or ciairns being made or any action or actions bcirg
<br />brought against the city by reason or on account of or growing out of s�id viork or its construction, th, said
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />411, respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, 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 contrac±or of the pendency ther, ^f,
<br />tftc•n. any judgment rendered against the city shall be conclusive against the contractor and against the sure ty
<br />am hie oonstrurtion bcnd, as tc tla- am c Zz t ilja and at" ,�,t >-s pertainirg thereto.
<br />Anti the con :rac`. o£ i 2 Saud, Jbi is•: v __. � -�1 2 ��:c�t § e�+3 � t%j' �a€ "
<br />the period and in the manner as fixed by the sn �`5 ens, as d to secure .> e waftenance- and repair thereat
<br />to file with the Board of Public Works a bent v4, h sutfScivrat.s vety thereon and in an amount as fixed by the
<br />specifications. And in doing such repair work the contra.ctcr and the surety on I his guarantee bond shall be
<br />subject to the sar_-:e liability to the city and any other person. for any 111jt?ry or daruage to any pers ,a or pr,ap-
<br />erty in the same manner and to the same extent as is fixed in tl;e Ta.at preceding paragraph covering the con-
<br />struction struction work..
<br />And it is further agreed by and between said partie, that the .� cc,l;taz.ce of the, work provided for in this
<br />contract, or the payment thereof, shall not constitute a waivea- oa tany of the prow
<br />he part of the city of *o,,
<br />ions of this contract,; nor shall it release said contractor or the suzetien cn his bond for the faithful perfori-i,
<br />snce thereof ;,nor shall the acceptance be primafacie evidence of the performance of any provision of the
<br />contract, except to the extent of entitling the contractor tothe 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; onrifether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor ; and the city may reserve .out of any allowance made on any estimate
<br />in favor of the contractor or I— assigns, or out of the a_r c..r�.t due him or his assigns upon the., completion
<br />of the work, so much as mat cessary to pay all lab revs or materia, seen for funounts due their for
<br />work done or materials used or furnished to be usrl ita Vie perforn7avee of this cc ati�et :a'.Id the doing of
<br />said work, and the, county treasurer, acting as city tr;-::,.er, ulay retain 1-arincy co l�:-Cted from property
<br />owners assessed for s�5id 1^i`rU .:)C kt to I'�.y c;,Cl1 Crltt; -'1 tl-E C" �t' 't t! my h-rwo. be, 6
<br />paid or snCsf;e•l _
<br />-t,2- to re-1-10 ; 114 rv':_ ii, earth. and taiused material in the streets of sides thcrc 5f
<br />;iron the ctonwletion of the improvAsn_.nt or the repairing hereof.
<br />Ths work of mitking sttch improvement shall be convicted according to Me terms of this contract on,or
<br />9P1r`sg th@ time for fln'@ cor-m0et on of the sar-e shall. be exterded in writing by the Board of Public Works.
<br />And it is Rohe$ that any such Oxten-ion of titnt, or any alter._tion of this contractor of the mariner or meth-
<br />@d pf 4W119 §ueh work shall 'rt re,way affect the duties, obligations or liabilities of the contractor or his sure»
<br />ti@g.
<br />It ig rig€@@d that the contractor shall not assign this contract, or sub-iet the work or any -part.. thereof to
<br />h@ dQn@ h@r@tmd@r, withoj t.the writ- n co-_ ant of the Board of Public Works.
<br />It h further agreed &nd e€tpulat- d <±h9; ,.a contractor shall give to. residents of said city and county'
<br />flf�f�r�n+ in the @€npleymt dt of all labor .necessary in the..pefforrrance of this contract, and failing to do so,
<br />4091140rfe-it to the city t-he sum of ten dollars for each failurb to observe this stipulation:
<br />And tip@a "th'@ p@r or apc9 of all the semis and conditions df this contract, and things to be done and
<br />@rf®rl i�d by mid contractor the'said city agrees tip cause ttte cost of doing such work to be assessed, col-
<br />�Et�d' d paid to said contractor in the manner fired by ,the statute governing the making of such improve-
<br />.T@ wh of tho conditions and stipulations of this contra , i> cluding all and singular the provisions and
<br />%M9 Of th0 )p11a11%►'pF@hl@, %p@cificatsons and resolution .afoiesaid, the undersigned binds himself or
<br />and, thgk M00-0-ft a140-CCAor or asssigms of such parties.
<br />In Testimony Where of. we,. the foregoing named parties,
<br />set 'our hands this 23rd. day of June 1920,
<br />CIT1 OF SOUTH BEND, INDIANA. - WM• H•. BURKE
<br />u . A. ELLIOTT C ontractor.
<br />HARVEY F. ROSTISER '
<br />JOHN _E. DEHAVEN
<br />Its Board of Public Worms.'
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