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it 25th., 1922. Continued-
<br />PU BLI C IMPROV.WENT CONTRACTX92.
<br />. This Agreement, Made and entered ,into this 22nd.
<br />day of April 1922
<br />by and between.Bruno De Peape of the County tfheSitt. JOoF SouthdBends �in the of dCounty iana hofew
<br />after referred Jo as the Contraotor_.� �-an y
<br />ic WO,
<br />St. Joseph, and State of Indiana, by and through its
<br />of an ©f thelGeneral sAssentrly ofthe
<br />referred to as the City") under and by
<br />State of Indi.a3na, entitled An ActConcerning
<br />MuiipCorporations, approved March
<br />6,1905, and all amendatory and supplementalthereto*.,itnesseth, that the contractor
<br />covenants and agrees to construct ©ut,hsBends Indiana©a'tSandeforrtheL ollowing Avenue to
<br />Avenue,, in the y
<br />8D0 lin. ft. of 12" pipe sewer, per lin ft.-.000•000.00$2.20
<br />274 lin. ft. of 8 inch pipe per lin ft.... 1.00
<br />464 lin. ft. of conduit pipe per lin ft. 1.00
<br />41,2 lin. ft. of manholes per lin ft. 6.50
<br />14 storm water grates, each 10.00
<br />4 manholes curbs and covers, each 17.00
<br />and to perform -all work in the prosecution of said improvcmea�t xndar, ar+1 seEcdrdtsg is the tarsaa area asa'
<br />• March 1`,1922.
<br />flitions of.,Improvement �Esobition No. _-._...01------ - adopted by the Roard of Public-,
<br />ublic
<br />and t plans, profile and specifications on file in the office of the Department of Public Works which said
<br />resolution, plains, profile .and specificationsare made a part hereof'`as;fully and effectually as if copied and
<br />set out herein at full length.
<br />The contractor further' expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care t-riil be exercised, tli-the •-!,11 prom 'v - -J a' d F o`" :t,all excavations and dangerous, p14ces,
<br />and w;rf use all due and proper pr _ca e.ion to prevent injury t� ._y ;person or p o^ ty; that i i the eyt•1tt of
<br />any injury or da.ma.ge resulting from tl:e =r^Y'. or res ,lfi g f.ron ; v *-��trer or thing connertAd therewi`h "or
<br />arising therefrom, to any pets^i or property, he • 11 nay a*ld lio, iidate the same at his own Expense, and as-
<br />sume the liability therefor; and in the evert of any claim or claims being made or any action or actions being
<br />broLight against the city by reason or on account of or gre-tving out of s�,d.vrork or its construction, the said
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will 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 Maim or claims, action or actions. And 'f
<br />within ten days after any such action is begun, the city shall notify the contractor of tine pendency thereof,
<br />th*i any judgment reudered against the city shall be conclusive against the contractor and against the surety
<br />eke lase construction d, as tP the axA Ual*fiv and other {natters pertaining thereto.
<br />And the contractor a;•reds to maintain said i� roveinent and make such repairs as may be necessary foi
<br />the period and in the mariner as fixed by the svecicicatious, and to s� cure the maintenance and repair thereof
<br />to file with the Board of Public Works a bond with sufficierrt-surety thereon and in an amount as fixed by the
<br />_ speci-fications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the sar.-te liability to the city and any other perspn for any injury or damage to any pers-_n or prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />AwA-it is 'further agreed by and betwecti s=fd l .i!'-•s tlr.:at the acceptance of the work provided for in this
<br />contract, or the paymcnt thereof, shall not ec a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it relea: e said cl:. __, __oi or the sureties on his bond for the fait1hful perforni-
<br />ance thereof; nor shall tte acceptance be prir.-n f<,cie evidence of the perforn.�ince of any provision of this
<br />contract, except to the e_:_tent of cntitLng the contactor to the con':rr_ct 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 irnprovenici; t and in the performance of this ce itract, v,•'.iether done or furnishc:u 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 1-`- 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 inateriai 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 doing of
<br />said work, and the county t-sea.s::ter, acting as city treasurer, may retain money coiected from property
<br />owners assessed for said im prover;ient to pay such debts or until the contractor &.ows that they. love been
<br />paid or �at sfaed
<br />'1:-ae cont-,'a-`or ag'.ets to remo--: all rubbish, earth, and anyu-setnaterial in the streets or sz_des
<br />upon the completion of the improv^_ment or the repairing thereof.
<br />'.1'he work of making suck improvement sisa.li be conaltted according to the terms of this contract on c."
<br />fefore, the____ ..................................................................... dav of----------------- ------------------ ----- ---------- --_-----------._.--- 19 ......---.,,
<br />unless the time, for the conipletian of the sar-e shall be extended in writ;•-g by the Board of Publipc Works.
<br />And it Is ugreed that any such extenGion of tiros, or any alteration of this ccnrract 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 ?ssign this W ract, or sub -let the work or any part thereof to
<br />be done herevnieer, withort thA %,rit`en co:::.• nz of the 1 rd f P;.,blic Works.
<br />It is further agreed and stipula_*ed th!'t `'. - contractor shall o-i e to residents of said city and county
<br />preferetsce in the ernploymrtrit of all labor nec-ssary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the.sum of ten dollars for each fail=ire to observe this stipulation.
<br />And upon, the performance of all the terns and conditions of this contract, and things to be done and
<br />porforoed 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 />` b each of the candiflotu and stipulations of talc contract, including all and singular the provisions and
<br />%rms *( the Mans, profile, specificatiom and resolution afaresaid, the undersigned binds himself or itself,
<br />snd ttit rulliective successor or assij x*s of such parties.
<br />In Testimony Whereof, Wet the foregoing named parties, hereunto set
<br />our hands this 22nd. day of April 1922.
<br />CITY OF SOUTH BENDm INDIANA.
<br />L. B.SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Board of Public Works,
<br />BRUNO DE PEAPE.
<br />CONTRACTOR.
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