|
PUBLIC :[MPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into this 27th, day of July 1Q20 by and
<br />between Wm', H, Burke ` of the County of St.' Joseph and State of Indiana (hereinafter
<br />referred to as the " Contractor"), and the City of,South.Bendm in the County of
<br />St. Joseph and State of Indiana, by and through its Board of Public Works , (herein
<br />after referred to as the " City") , under and by virtue of an Act of the Genvra,l
<br />Assembly of the: State (9f Indiana entitled "� An Act Concerning Munio,ipa,.l. Corpora
<br />tions, " appro ved March 6,1905, and all amendatory and supplemental acts thereto:-
<br />Witnesseth, that the contractor covenants and agrees to construct water
<br />connections on Kline and Calvert Streets. from Lincoln Way East to Leer Street,
<br />in the City of South Bend, Indiana . at and for the following prices: -
<br />Kline St. from Lincoln Way East to Leer Street.
<br />. grater taps; on the short -side, each . . ...... . .... , ... ,.'... , . $19.%9
<br />4 water r o t a.ps , on, the long side, each 25 20
<br />>o . ...........................
<br />Kline -Street from Leer Street to Calvert Street.
<br />20 water taps on the short side, each... ...................$$20.44
<br />22 water taps on ;the long side, each.'.......................... 25.86
<br />Calvert Street from Kline Street to Leer street.
<br />18 water taps on the 'short side,: each.. ...................... , 20.44
<br />10 water -taps' on the longs ide, each :................. . . . . ..... 27.17
<br />and t4 perform atl -work # i the _#tusecuidon eA wilt jm_trovement under and`aeeordit a the terms and con_
<br />ditions of iti rQvement .�ys��- S �E302 ,ed by the Board ,fA#' Works .... s IM=... .22.4d. 1920
<br />and the plans, prefile,aa4 e, of,the Departzn lic Works, which said
<br />resolution, plans, profiles ons-are invade a° parthereof as fiilljr_aW'.A#ecfuaily as if copie and
<br />set out herein at full length.
<br />The earitractor:.further exgres4-r->venairts and agrees that in the prwcution of acid work all proper
<br />skill anti careit ,i'i bx exercise;-th...t lie -,�ll pion -`y 1 1 - 0 - Of excavzttons and dangerous places,
<br />and will use all due ar3 proper pre action to or event injury. to, ry person or pro�erty; that in the event n_f
<br />any injury or dam�ezesthirg.from the war`:: or resultin from a-- Tratte,-�-thing connected ther2iwisi; or
<br />arising therefrom��o any pens or property, he - 11 nay ar i Iigt:idate the -same at his over expense,`ar as-
<br />sume the liability therefor; and in the event of any claim or clairis b.-ing made or any action or actions b ' a
<br />brought against the- city'by y reason or on .account of .or growbig out of t' id - rork or i s conFtnuctio;l,
<br />contractor will at his own expense defend the same, and will pay any Judgment recovered therein, and i, '.i in
<br />all respects fully indemnify and save harmless said city, its officers, a—ezcts or representatives from a!l cost,
<br />expense, payment or iii gment tecovere&-itcionnection with such claim or riaittrrs, action or actions. A fl f
<br />within ten days after axiy such i begun, �e city shall notify the contractor of the, penile. cy th.,r ; :f,
<br />than any judgment .rendered against-Sie ,sty-Aail he conclusive Ernst the contractor and against the surciy
<br />ou his construction bond, as to-tk __ ainourit. iability and other matters. pertaining thereto.
<br />And the Cvrtractoragree
<br />s.io_H1amtatn said improvcr;,ent andwake Such repairs as may pe necessary
<br />fire period and in the manner as €cxed,4 the sprcifications, and to secure iiie maintetlaraco nd ®.ail heleoi
<br />l�- p_it.
<br />to file with the Board of Public Words atoncf sufficient
<br />with sucient: surety thereon and in an amount. M €lxa by the
<br />specifications; And in doing such ?i wca*the contractor and the surety on bitguaraniec bond%shall 'be
<br />subject to the sar..e liability to the erand any otFier pperson for anyinjury or damage to any pers ®r prop
<br />erty in the same manner and to thezameextentasis fixed'in.the.last preceding par
<br />struction work. aigraph covering the cost -
<br />And it is further agreed by and between said partv:s that the acceptance' of the work provided for in tt=is
<br />eoirtraet, or the payment thereof, snail not consti-i tte'a waiver -on the.part of the city of any of the prors-
<br />io!:s of this contract, nor shall it release said contractor or the sureties on his bond for -the faithful perfoi-:a-
<br />V t;e thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of :this
<br />coaL,.-act, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all Iabnr and materials use& or furnished to be used in the making of
<br />ouch improvement and in the perforrnancee of this contract, whether done or furnished. for him, or his a.getit,
<br />atssig%ee, successor or subcontractor; and the city may reserveoutof any Allowance trinde on any estim.s.te
<br />in log
<br />of the contractor or t-== assigns,- or out of the amount due him or his ss4ig:ts upon the completion
<br />of the wnrk, so much as ma; cessary to pay all laborers or maieria, men for amounts due them for
<br />work done or materials usea or :urnished to be used in the performance of this contra: ct and the doing of
<br />said work, and the county treas,,rer, acting as city ;treasurer, ins �+ retain money collet-ted from .property
<br />aNvuers assessed for said improvement to pay such debts or until e contractor shows that they have been
<br />lieu or s;tCs k etj
<br />ec : , w :e en rem ci ;all rt)'k; Nisi1, earth, :anti anrsed ateriai tie streets or sides tbareoi
<br />upozi-Ae completion of. the imnrovem2at nr the repairing the;ems
<br />The work of: making pich'improvement shall .be completed aceordkig-tothe'terms of this contract on or
<br />beforethe:---.............................................-----•- •=-.day of ------ ---------- -------- _---------- _--- _--- --------------- ----------- 19....-
<br />unless the time,lor the completion of the sar,e shall be extended in writ:-rg by the Board of Public Works.
<br />And it is agreed that any such extension of time; or any alteration of this contract or of the manner or meth-
<br />od of doing such work shall in rua: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, witho_,t the �,_it en co. _ n= of the Board of Public Works.
<br />It is further agreed and stipulated tl?�t `'a_ contractor sh- it give t9 residents of said city and cou ity
<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 and
<br />Rerformed by said contractor the said city agrees to came the -cost o€ 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 />suents.
<br />To each Qf the Wnditions and stipulations of this contract, including all and .singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itsOf.
<br />and the respective successor or assigns of such parties. `
<br />In Testimony Whereof, We, the foregoing named pa.rt`ies, hereunto
<br />set our hands this 27th, day of July 1Q20.
<br />W. Ep II KEEG�,, oheen
<br />nPai�to.
<br />
|