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This Agrement, Made and entered into this 14th -da, of June R21
<br />by and between Wm. H.Burke of the County of`St.•Joseph and State o Indiana erreinafter
<br />referred to as the Contractor"), and the City of South Bend in the County of St.
<br />Soseph, and State or Indi 4 Apr
<br />and through its Board of Public Works, (hereinafter
<br />referred to as he Cite and byy virtue of any Act of the Generai-Assembly of
<br />9he State of Indiana en i led An)Act Concernin Municipal Corporaztipns,- approved March
<br />,1905, and all amendatory and supplemental acts hereto:
<br />Witnesseth, that the contractor covenants and agrees to construct water
<br />connections on Chestrmt Street from Washington Avenue to L. Soi &`if. S. Ry. In the City
<br />of South Bend, Indiana at and for the tbllow�g prices:-
<br />° .>>.> ...
<br />4- °"' °t'a°ps' 'oil '1'ona side each... .....'...:...........22.95
<br />4 tapd Vr' sri©r't 'sine, each ...................... • • • • .. • ...18.95
<br />and to perfortr� all lvpgkr. ip the prosecution of said improvement tinder and according to the terms and con-
<br />ditions of •_.-•...-••. adopted by the hoard, of Public'Works__._Apx.0... 2Q,1921'
<br />and the plans, profile°and soeci`Cit arti'obd 6tt-filb'in t1fe.vfi'ice of the f)epartment of Public Works, which. said
<br />resolution, plans, pfofrte'anti'specific;.tion 'ate made a part hereof as fully and effectually as if copied and
<br />set out hereirk at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work 9.11 proper.
<br />skill and care v,iil be exerescd; that he all excavations and dangerous places
<br />and ,.,+11 use all due and prover pracantion to or-..ve.tt miur *� r-.y person or 1- ~`.v, that in `he event +_
<br />any injury or damage resulting from the v,-)r`_ or rFsv lLig from --v r _tter or th;na r!cr.r.- ^t-d the.rewi`h or
<br />arising therefrom, to any person or p-operty, h� - �1 tv 1;r-lid3te the sr -me at his ovin expense, a.rd. as
<br />-
<br />arising the liability therefor; and in the event of any cia:ri or claims be;ng m-ide or anyaction or actions being,
<br />broaght against the city by reason or on account of or grov:Aing out of s-,d work or its eonrtruction, tr sa+d
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and wil-11 in
<br />all 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 contract..or.of the pen itricy them ;f,
<br />t'hon any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on hie construction bond, as to tb- amount, liability and other matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and riake such repairs as may be necessary fo,
<br />*e Period and In the manner as fixed by the srrPcifications, and to secure rue maintenance and repair thereof
<br />t© e- with Cite hoard of Public Works a bond with sufficient surety thereon and in an amount as fixed by the
<br />ripeciheatidns, And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />Auhject to the same liability to the city and any other person for any injury or damage to any person or prop-
<br />ertY if the Mitne Manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />And it is further agreed by and between said rzrt-,-s that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall rot constitute a waiver on the part of the city of any of the provis-
<br />10118 of this contract, nor shall it relea:;e said contractor or the sureties on his bond for the faithful perform -
<br />AIM thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this;
<br />n®ntrRct, except to 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 making of.
<br />Mitch ilrlprovenreht and in the performance of this contract, whether done or furnished for him, or his agent,
<br />4811pee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />In favor of the contractor or 11- assigns, 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 material men for amounts due them for
<br />Work done or materials used or furnished to be used in the performance of this contract and the doling of
<br />said work, and the county treasurer, acting as city treasurer, may retain money colleted from property
<br />ovtfiiers assessed for #aid improvement to pay such debts or until the contractor shows that they have been
<br />Paid or satisfied
<br />The coot--a--or ag,-ees to remo- v all ru5aish, earth, and unnsed material in the strek6ts or sides t i
<br />upon the completion of the improvement or the repairing thereof.
<br />The work of making such improvement shall be coinpleted according to the terms of this contract oa or
<br />before the . ... .. . ..............;- ................. day of .......... 19..........,
<br />unless the time for the compl4tion of the sar•p shall b-- exten Jed in writ-:-g by th= Board of Public Works,
<br />And it is agreed that any such exten-ion of time, or arnv alteration of this cc.Itract or of the manner or rn. ,,th�
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sto _:
<br />ties,
<br />It is agreed that the contractor shall not assign this tract- or sub --let the work or any part thereof to
<br />be done hereunder, withol,t th-e w.it-_en cor_�; ,nt of the 1.<. : rd cf R hlic Works.
<br />It is further agreed and ,tipulat4d that F', contractor shall give to residents of said city and county'
<br />preference in the employment 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 this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be done u-0
<br />performed 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 making of such improve.-
<br />vients.
<br />To e€ch of the conditions and stipulations of this contract, including all and singular the provisions and
<br />tern:C of the plans, profile, specificatiurs and resolution aforesaid, the urderMgned binds bimsel£ nr itr,^Ir,
<br />and fl 1(r pective successor or assiR,,.s of sitch parties;
<br />In Testimony Whereof, We, the foregoing named parties, hereunt0
<br />set our hands this 14th. day of June 1921.
<br />WM. H. BURKE
<br />CITY OF SOUTH BEND INDIANA HG. CONTRACTORS
<br />G A. ELLIOTT
<br />H. F. ROMEBR
<br />JOHN F. DEHAVEN
<br />Its Board of Public works.
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