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Tuesday July 27th. ,19?_0. Continued.
<br />The following bonds and contract approved by the Board.
<br />PUIRLIC. IMPROVEMENT CONTRACT
<br />This Agreement, Made and entered into this 23th.. day of July
<br />1920. -, by and between Wm. H. Burke of the County of St. Joseph and State of Ind iar3a,
<br />(hereinafter 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 Bo and of Public Works
<br />(herelinafte.r� referred to as the City"), underand by virtue of an Act of the Generil
<br />Asoembly of the State of Indiana., entitled " An Act` Concerning Municipal Corporations,
<br />approved March 6,1905, and all amendatory and supplemental acts thereto:-
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />water connections on Lawnda&e Avenue from North Line of Cushing s Addition to Vassar
<br />Avenue, in the City of ''South Bend,: Indiana at and for the following prices.
<br />12. water tai.xs on -the long side, each ..................... $26. 45
<br />... l0. water. taps on- the. short side, each. .... ....... 20.90
<br />and tot perforsri all w.. in the prosecution ,p of:saiI improvement under and according to the terms and COIL.
<br />ditiono of Improvement �Resolut,on No. ,_ ,,__.
<br />. adopted by .the Board of Public `'Yorks ....,.,... ..,.,.,.,,.�, and `the plans, profile and- specifications on file- in the office of the Department of Public Works, which sat resolution, plaits, profile- and specifications are made a part hereof, as fully and 'effectually as it copied rttld
<br />set'gut herein atujl.lerith.: , , , .
<br />The contractor further expressly covenants and agrces that in the prosecution of said.work ell proper
<br />skill�arid care-+?°16e exetc s �1; t� he t r�on ��` all excavations and dangerous places
<br />and will use all due and o ;r r ��- I'
<br />prl~ p ''' U'1 tU. �, � .`_ f''+7� .`\L ��1 ,-.y person .car 'p '�:". �„rtV j tiiFit i`1 fti1j piletit � any injury or damage resulttrg fr..—ni tli v - rLc t4+N'� from v :ttsr or thin confl®ct-d there,�vj* -?
<br />arising therefrom, t0 an erG^1 Or G .7 kip 1_I r�V aT'+ + 1+n ; r. r
<br />` sume a liabilitytherefor and in.the e event
<br />y - + date sr�?r, at ,s own expense, find am-
<br />t of an cia r1 or c.l i �s bein made or any action or actions bait;
<br />brotig against the city by reason or on account of or growing ou.t of �^ d wort; or its eonTtrt.ctio:i, ti s #
<br />all respect will at his own expense defend the same, and will pay any judgment recovered therein, and will it
<br />all respects fully itdemriifp and save harmless said city, its officers, agents or representatives from all Cost
<br />oxpenst, payment or .judgment recovered in connection with such claim or claims, action or actions, Aid
<br />within ten days after any such'actioa is begun, the city Shall notify the contractor of tkt pen4ercy then-4
<br />t'heia any judgment tendered against the city shall be conclusive ag-vVinst the contractor and against the s;aza t} on iris construction bond, as to tl, amount, liability and other nfattt rs pertaining thereto,
<br />And the co.ca°actor akrees to main-ain sa,d...cut a:.
<br />itc period and in tits manner as fixed by the sircitiea*ions, and toisec• re rae tam,intenaai e and�r�p�ir therea
<br />to f lc vvitla t ie Board.of Public Wor?&s a bond °nth sufficient .surety thereon, and in an amount U fixed b he
<br />�tF� ;Cjfsca,tions, And in doing such repair work the contractor and the suretyon his
<br />IR!bject to the sar..e liability to the city and any ocher person for any injury r dania -guarantee any bF; d sh _l at e
<br />er'ty-ill the same manner and to the sarae .extent a:s is fixed in the last precedii;g patagraph coveringI or
<br />thep€a =
<br />strDetion work.
<br />AYid it is further agreed by and bet; een said part, s that the acceptt.i r ` tia^f, or the payment thereof, shall not constitute a waiver on the iGt� of the work �aroaitl d fF3; i,1 fi' i€�
<br />part of the city of any of tivt pr
<br />,i of Ibis c6ritract, nor shall it release said contractor or"the sureties on his bond for the fsttrcftil. p
<br />fl t,z:i>f; nor shall the acceptance be prima facie evidence of the performance of any provision o�fit1iii;
<br />Ql ,:(:Cpt to the extent of entitling the contractor to the contract price therefor,
<br />'1lic contractor agrees to pay for all labor and materials used or furnished to be used in the heal-hig, w
<br />vc17 improvement and in the performance of this contract, whether done or furnished for him, or his ap•etit,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any est.64,ote
<br />in favor of the contractor or .I— 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 disc _them for
<br />work done or materials usea or varnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, -acting as city treasurer, may retain money Colk- ted from property
<br />owners assessed for said improvement to pay such debts or until, the contractor shows that they have been
<br />paid or satisfied
<br />c <c.-,' r r airi, nd,urnsed material in the struts or sides thcrc:;'
<br />iilson the co, •t?nn of the.impro�ein ,it or the repairing thereof.
<br />The wor:: of makir-g such improvement shall be.co , t before the -_.--. t-ipi G-d according to the terms
<br />-------------•:--- t of this contract on Uc----------------------------------day of...
<br />unless the time for the corm le+ion of the sar•e Shall, be extended in w- ti
<br />And it is agreed that any such e-etengion of time, or ar•.,y alterr.`ion of this ccrbracthor of the m anbrl a Woz`s
<br />od of doing such work shall in no way affect the duties, of
<br />or liabilities of the contractor or his,sirrc
<br />ties.
<br />It is agreed that the contractor shall not assign this-cortra�,t or sub -let the work or any part thereof to
<br />be done here=under, without the �,rit.en co -is nt of the Board of Public Works.
<br />It is further agreed and stipulated that contractor shall g_
<br />ve to resients ofpreference in the employment of all labor necessary in the performance of this cone act,aandcfa lingity andtocoutf
<br />do s _),
<br />shall forfeit to the city the sum r � ten dollars for each failure to observe this stipulation.
<br />And upon the performance c all the terms and conditions of this contract, and things to be done and
<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 impro vc
<br />suents.
<br />To each of the Conditions and stipulations of this contract, including all and singular the provisions ar ed
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or
<br />and the respective successor or asss i=_s of such parties.
<br />In Testimony Whereof, We, the foregoing named parties, hereunto
<br />set our hands this 27th. day of July 1920.
<br />CITY OF SOUTH BEND INDIANA. W H. BURKE
<br />BY G. A. ELLIOTT Per H. E. Ggheen
<br />H. F. ROSTISER Contractor.
<br />Its Board of Public Works,
<br />
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