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<br />IN TESTIMONY WHEREOF, We i the fGreg sing, ,named parties, hereunto set
<br />our hands this 13th. , day of May 1919. o
<br />WALTER J. BRAUNSDORF,
<br />Contractor.
<br />CITY OF SOUTH BEND, IND IANA.
<br />BY G. A. ELLIOTT °
<br />HARVEY F. ROSTISER
<br />JOHN F. DEAAVFN
<br />Its Board of Public Works.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGREEMENT, blade and entered into this 13th. , day of May 1919
<br />by and between Brune De: Pegpe of. -6he. County. of St. Joseph, and State of Indiana (her
<br />a�ein-
<br />fter referred to .as the " Contractor"), anithe City of South Bend, in the County of
<br />St, Joseph, _ and ,.State of Indiana, by .and through -its Board of Public Works, -(hereinafter
<br />referred to as the " City" ),:. der .and, by 'virtue of in Act of the General Astsembly of
<br />the State of Indiana,, entitled ;An Act Concerning Municipal Corporations , "approved
<br />March 6,1905, andall amendatory and supplemental acts thereto:
<br />Witnesseth, thathte carictractorL covenants and agrees to construct
<br />sewer connections on Linden Avenue from Walnut Street to Anthony Street, in the City of
<br />South Bend, Indiana, at and f or the f ollow ing prices
<br />16 lin, feet of 61neh pipe sewer, per lin ft..1.25
<br />d{kd, to: perform all work in the -prosecution of said improvement under and according to the terms and oon-
<br />etions of Improvement Tbesoiution No.._ adopted by the Board of Public Works__ .M8r.._:26* 1919.
<br />and the plants, profile and spPcificat;ors on Me :-I the office of the Department of Public Works, wbich said
<br />reso?ution, plates, profile.. and specifications. are made a part hereof as fully. and effectually as if copied and
<br />set out herein at full length.
<br />contractor' further' expressly covenants and agrees that in the prosecution' of said work all proper
<br />6-ill A care t he exercis d ti -:,ham - l r-on
<br />all !mvat;oris and dangerous places,
<br />and j Ltce i'1 Alta 2 d Ar^�PrtTperaCn r rl.
<br />an tnl�,ry or d,T �t� resti':*t g f'rc t t_.� �.� r.s ,i` ,� from. ; -y tter or th tr oTrr t."d th�rety,+,4, or
<br />arising; the!'efrom„ %o,a--y p'F? 1 or `)r'oper y, 1, _ 1l lay. gr•� 1; - tdatl_' ill? S t P at l��s. own esD�ns�, St d as -
<br />arising he liability therAror; and in the eve * of ai y 6_ im or clams bP ng mad or any.act on cr actions b
<br />brc"ght against the city by reason or on a.ccouiit of or growhig out of `td _r' cr its.constrviction, -1 s�' i
<br />contractor will at his own expense -defend the same; -and �v_iiI pay any judgment recovered therein. and vi '. 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 sue:lvdaim or claims, action or actions. And f
<br />wiihm ten days after "any such action is begun, the city shall n©tify the cdratrac*or of tiaT penile~cv Lher
<br />then any judgment re>�;dered against the city. shall"be conclusive Ernst: ttie saute a star and -,against the surety
<br />on his construction bend, as to tl mount,-liahititry and other matters pertaining thereto:
<br />And the :carriractor agrees to maintain said iu;e;ro-;,.n.,ent a._,: e sucli repairs as- may a2 ncc: as,a.—y
<br />the period and in the manner as fixed by the s ecificaiions, acid to. secure ::fie maintenance a d repair ther: u',
<br />to file with the Board of Public Works a bond vath sufficient surety thereon and in.an amountas fixed by the
<br />specifications., And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any other person for any injury. or datnage to any pens en or prop-
<br />erty in the samemanner and to- fid 34mnextent as is fixed in the last preceding paragraph covering the con-
<br />struction worts.
<br />And it is further agreed by and batty -en said parties that the acceptance of the work pprovided for in thiscontract, .or- the payment th:zi-:of, -<hall not. -constitute a waiver on the :pal of *he city of any of the provis-
<br />ioue _of this contract," nor shall it release said :contractor or the: sur-eties on his bond .for the faithful perform-
<br />ance- "thereof nor sha11''the -acceptance be .prima facie evidence of the per#orrrarlce of any, provision of this
<br />contract, except to the extent of entitling the contractor to the_cra ontct 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 improvement and in the performance of this contract„ whether done or furnished for him, or his agent,
<br />assignee, successor or sub'conttor and the city may reserve out- of any allowance made on any estim4te
<br />In facer: of the contractor oz assigns, or out of the -amount due him or his assigns upon the completion
<br />of lhc,'work, so much as mr` zessary to pay at laborers or material men for amounts due there . for
<br />work: done or materials used ._- varnished to be used in the performance of this contract and the doing of
<br />said worli, and the eaunty tr:;a:,�;Vtr, acting as city treasurer, ma retain money collected 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 />e co_:_ ? r ab,se.. to remo--� all ruha=sh, earth, and urn:sed material in the strc.as or sides Cher"
<br />�t,pon the completion of the improtm ;rt or the repa;r;ng thereof.
<br />The work of making such improvement shall be cor_ipieted according to the terms of this contract on or
<br />before- -the ----------------- ------------------------------- ----day of--=-------` --------- -------------- -.... -_--------..................., 19..........,
<br />unless the time for the completion of the sane shall be extended in writi.-g by the Board of Public Works,
<br />And it is agreed that any such extention of time, or any altera.-ion 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 contras. -or shall not zssign this contract,: or siib-let the work or any part thereof to
<br />be done hereunder, wit'nu°lt -nA e ._. of the Bon-d o.' PilblLc- Works.
<br />It is further agreed and stiptfl a1 ,At � sontr�ctor sha'I :g, �e to residen±s of said city, and coon v
<br />preference in the employm{ nt of all la bar :. c ssary-in the p� rfc�r nance of this contract; and failing to do sci,
<br />shall forfeit to the citythe sarn of tan dollars for each failaire to otServe this, stipulation.
<br />And upon the performance of ail_: the r terms and cflrditions of this font'act,. and things .to be don are<.
<br />performed -by said contactor the said -city agrees to canSe the .cost o�:darn soh Work to_be �ss,essRti,:cot
<br />tested and paid.to°said contractor in the manner.fixed;by` the =statute gover � the making of sucmproue
<br />meats.
<br />To each of the conditions and strpuiatzons.of this,contr contract inctud�tng" llY A.M lar the prov,st�sne Ancl,.
<br />terms of the i,1p.^s; profile; specifications and resolution ,ad#oresaid- the dnderszgstedbiads .tajmself..o ,t4eli,
<br />and'the respective successor .or"assigrs 0f such liartjes t s -'
<br />
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