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<br />Tuesdam June 2Eth.,
<br />our hands this
<br />%thST O f �T neCl)21 ' the foregoing named parties, hereunto set`
<br />lWM, H. BURKE
<br />\ G.
<br />CITY OP SOUTH BEND INDIANA H. Contractor
<br />G. A. ELLIOTT,
<br />H. F. ROSTISF.R
<br />JOHN F. DEHAVEN Its Board,•ef Public Works,
<br />PUBLIC IMPROVEMENT CONTRACT.,
<br />This; reelean.j, Made and entered into this 27th. day of June 1921
<br />by and b \tween a s a ckerman of the County of p . Jo e h and State of
<br />ndi t here; or refs red t® as the C tractor � a he.Ciitt f S ut; Bend,
<br />e eu ty J se rid State of . inai n -� acid hrou it oar s
<br />u r Qhe a##na t ie a ed -®as h" e b ta
<br />® e �n�ra Assem o Sate d;anti, �1 erd ,Xs1§60nere i n
<br />u ie a COrpera ,isns, Ipprove� Marsh �,1 5 , and all amendatory an su a rats
<br />ae.sieret®. Pp-
<br />�titne. s ho hat the eontra to a nts anti a ee to e n tr t
<br />sewer on High Shoe 'rs> riliana: Avenue o �ti a � enue in a ity ® ®u Bend
<br />Indiana at and for the ,following prieess.
<br />279 lin., ft. of 0,pipeper lin ft.......�t+tm
<br />18 qqb 1 n� ft. or 6. conduit pipe perlin ft..........1.00
<br />2.1t. ft sf manholes per lin ft 00
<br />• ..••.•.•�.••.r..� •
<br />1 manY�ele curbs and cover, each. ..•..............2 .00
<br />and to perform all work in the prosecution of said improvement under and ac cording to the to as and "ue
<br />ditions of Improvement Resolution No. ----- $-72........... . adopted by the Board of Public Works ... .W.A.a1921.
<br />and 1h plane, prpfile zrsd specificatipns on file in the office of the Depa tment of Public Works, wbich- said
<br />r�s®iittoll, plans,; rode°'and specifications are made a part hereof -as fully and effectually as °if Copied and
<br />get out her at ull len+�Gh.
<br />he contractor further °expressly covenants and agrees that in the prosecution of said work all _proper
<br />@kill and care j=!i?l be exercW!d; that he and p- bf ^ct. all excavations and dangerous places
<br />and !ill use all due and proper precaution to pr ve..t in-o ary person or p-cn!rtY ; that in the event r
<br />any injury or damtv.ge resulting from the w-)rk or res+zltirg from a'y r^?tt-er or thing connected therewi4 or
<br />arising therdfrom, to any person or property, he v,;ll nay am liquidate the sa.?ne at his own expense, and as.
<br />suttee the liability therefor; and in the event of any clairl or claims being made or any action or actions bein
<br />brought against the city by reason or on account of or growing out of said work or its construction, the sa'
<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 coot
<br />expense, paygent or judgment recovered in connection with such claim or claims, action or actions, And i?
<br />Within ten days after any such action is begun, the city shall notify the contractor of the pendency therenf,
<br />thvA tay judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />ou bA cottstruction bead, as to th- araownt, 1 ah:.lily and ether matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and make such repairs as may be necessary
<br />the period- and in the manner as fixed by the specifications, and to secure tye maintenance and repair thereof'
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by he
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the sanie liability to the city and any other person for any injury or damage to any person 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 />Ard it is further agreed by and between said rarts-_s that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constiw.te a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said cc :1tr,.c�or or the sureties on his bond for the faithful perform-
<br />ance 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 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 subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or 1,,*G 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 labore:-s or material 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 treasurer, acting as city treasurer, nay retain money coi:e ted from property
<br />owners assessed for said improvei,.cut to .pay such debts or trIIiil the coiarac' . r E `.ows that they have been
<br />paid or satisfied
<br />i _1g cot,t'°a 'o" agf'eyY to remo > all ru")d1ish, earth, and un+used material in the streets or sic?es t' e,
<br />tipoft the cOfnpletiott of the improvern ,�nt or the repairing thereof.
<br />glee wort of ff skiftg s++ch lmprov=ent shall be completed according to the terms of this contract on er
<br />#fofc the_ = =.::> :............. ...... _.......... .......... ........ day of------------------------------------------------------------------------, 19
<br />Melees the time for the completion of the say- e shall be extended in writ;:-, by the Board of Public Works,
<br />And it 1§ agreed that any such e+€ten4ion of time, or any alteration of this contract or of the manner or meth -
<br />ad of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure -
<br />It 1§ agf@cd that the contractor shall not assign this tract, or sub -let the work or any part thereof to
<br />$c do@ li fetinder, without the writ -en con; rat of the Board of Public Works.
<br />n
<br />it ie ftifth@f agreed and stipulated that t's_ contractor shall give to residents of said city and county
<br />pfcfef@ftce in the efttploytnient of all labor necessary in the performance of this contract, and failing to do so,
<br />s11411 forfeit to the city the sutra 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 />erf®fi"@,d by said contractor the said city agrees to cause the cost of doing such work to be assessed, col
<br />Wt@d phd p4ld to ®aid contractor in the manner fixed by the statute governing the making of such improve-
<br />,
<br />To cac+ of the Conditions and stipulations of this contract, including all and singular the provisions and
<br />t-41`1s of the plaits, profile, specification.,, and resolution aforesaid, the undersigned binds himself or itself,
<br />sad l'=4 rcwpet>ive auccessor or assigns of such parties.
<br />IN'TESTIMONY WHEREOF, we, the foregoing naed parties,' hereunto
<br />set our hands this'2%th day, of June 1921.
<br />STAPLES & ACKERMAN
<br />CONTRACTOR BY S. ;U• .ACKERMAA
<br />
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