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PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGREEMENT, lfade and entered into this Mth.,day of September 1918
<br />by and between Bruno De Paepe of the County of St. Joseph and State of Indiana, (here-
<br />inafter referred tows the " Contractor" ), and the City of South Bend, in the county
<br />of St. Joseph, ,and State of. ilddiana , by and through its Board of Public works, (here-
<br />inafter referred to as the " City"O, under and by virtue of an Act of the General
<br />Assembly of the State of Indiana, entitled " An Act Concerning Municipal Corporations, F
<br />approved larch 691905, end all, amendatory and sunolemental acts thereto;-•
<br />Witnesseth, that the contractor covenants and agrees to construct pipe
<br />sewer in Columbia Street from Indiana A venue to a point 75 feet north of the north
<br />line of Tuba it Avenue, in the City of South Bend, Indiana at and for the following
<br />prices: -
<br />297 tin. feet of 10" inch pipe purer, per lin ft............ 01.60
<br />15 lip, feet of 80,kinch. pipe sewer, per lin ft.............. .70.
<br />90 lin. feet of 6" inch conduit pipe, per lin ft............ .80
<br />21.05 lin. feet of manholes, per lip ft...................... 6.50
<br />- One storm water grate, each...........:... .....•............. 8.00.
<br />T. Two manhole curbs and covers, each ..........................15.00
<br />and to perform sYi wo>t• xn the prosecution of said"#ttlprovement uxider and ::carding to the ter,ps eaidaau-
<br />dititlas oi-Impeoow. 'No Opted bythe, ......»...
<br />'Board' of Public Works............. .
<br />=sad the ptitris,profile a:td specifil*tlons on Me J. the q e of xh Depa; tment of Public Works, v, ,;ch said
<br />teaolatloe p11ft%:profl and::.speeifta ions are made a. past hereof as fully and el-Tectually -as if copied and
<br />..set -out Ur* at ull length.
<br />''' a t'cfatractor further ttcpressfy-cove4ant6 and arcAszthat �n the proceeution of said work a0? Proper
<br />s=' ¢1Fti18x:�Caie ��iii�!'�1CerL'�ildi1-1?•rC1L1pt;?•�;,r.��'\`>a+`
<br />-and'wili itse al!,Joie and-O r lash*.a*ton ke or-'Ve-nt �ftxfy o nv person -r prr -. rs a,
<br />s nijury or damrte-resulg f�r�m the work oi• rri..g ter th t < < l t; ,rr�x c,Y
<br />arising thereft`om, to arty perstm Or prop hs rtll n;y >tn•l li(, +date ttir S.3rta a' h+<. C�• n ea x,�nse fir, <<s
<br />}stiiice the litbility therefor; ands the Ev�'ntya►f an�r=:�1$i�t or claims hAin� tv"de- c•- arty actioncr act; o,;s
<br />trwght vg hia the .city by reason or"on ae�ouiit of or gmwlylg out of s�;d ,� rk- or its co^s rncti^ s�;�
<br />COntractt�r, will *-this o�an expanse defend the satrr, and will pay any judgrnd„t recovered therein, and ia; in
<br />011 'regpects fully indemnify i4td save harmless said city, -its officers, agents or representati Ors from all cost,
<br />Ste, paymd it or judgment` recovered in coiteetion- with such claim or claims, action or actions. All
<br />within.-te5n-days :atfter any such 'action U begun, a city shall notify the contractor of tke pendc!,_c;r then:
<br />thett'ariy judgme►rit•rendered agairistthe city sha4 be conclusive against the contractor and against tn.e surety
<br />otaltiia txmstrtttn�ioi�C boau , as to the amottat, liabib*'and other matters pert- irdnp *t crete.
<br />And the contractor agrees to maintain said improvement a-d make such repairs a,; I., �;
<br />period and iii the maker as fixed by the etrficatioi�s, ail to secure the mai3ltena and. Ftl _. > ,
<br />to hle with tit Board of Public .Works a bond with sufficient iutety thereon and in an amount, a# nixed 3
<br />u fiscations. ,#diin 'doing such
<br />d _ repair wof c the contractor and the surety on his
<br />guarantee bond sha , t:•�
<br />si jttct to the same liability to the city and any other person for any injury ds.mage to any per �:' or pro:;-
<br />erty in the same manner and to the same extent as is fixed is the last preceding paragraph covering the co,:-
<br />struction work.
<br />And it is further agreed by and between said parties 'that the accap'tance of the work provided for in tt.is
<br />contract, or the payment thereof, shall not constitute a waiver on the pal't of the city of any of the provr;s-
<br />ions of this -contract, nor shall it release said contractor or the sureties on his;bond for the faithful perform -
<br />ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provision ;of this
<br />contract,, except to, the extent of entitling the contractor to the -contract price tht refor.
<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, whether 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 />'6 favor of the contractor or his assigns, or out of the o4nount due him or his assigns upon :the completion
<br />Of the work, so much as may be necessary to pay all laborers or materias suett fbr amounts due them for
<br />• vock , 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 treasurer, acting as City treasurer,, may retain money collected from property
<br />owners assessed for said improvement to pay such debts or undl the contractor shows _that .t'hey have: been paid or satisfied
<br />agrees b rarnci--- all-ru_b:ash, earth, aril unused material in the streets or sides thereon
<br />upon the completion of the imnr0�,em-:nt or the repairing tbereo{.
<br />The work of making such imj7ioverpent shall be completed according to the terms
<br />bȣore the.
<br />e time -.�...,..da o{- df thus contract;on or
<br />ss h me for the con letion of the same shall. be extended in-wr?ti;�g�by-the-Board.ef Public19...
<br />7nd-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 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 assign this contract, or sub -let the work or any part thereof to
<br />be done hereunder, without the writl-en consent of the Board of Public Works.
<br />It is further agreed and stipulated that the 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 and
<br />performed by said contractor the said city agrees to cause the cost of doing such work to be Passessed,, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such im rove
<br />atettts.
<br />To each of the conditions _and stipulations, pf this contract, including all .and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, tiro undc�ignld binds. himself or itself,
<br />end the respective successor or a.ssigus of such p&jties•
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