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CITY OP SOUTH BEND, IND RM.
<br />BY G. A. ELLIOTT
<br />H. F. ROSTISER
<br />Its Board of Pub 1 V Work-,,
<br />• PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGREI MENT , Made and entered into this 26th. day of July 1920.
<br />by and between Bruno Dc Peape of the County of St. Joseph and State of Indiana,
<br />(hereinafter referred to as the " Contractor"), and the City of South Bend, in the
<br />County of St. Joseph and State of Indiana, by and through its Board of Public Works
<br />(hereinafter referred to as the " City"),, under and by virtue of an Act of the General
<br />Assembly of the State of Indiana, ant itled " An Act Concerning Municipal Cor-porat ions,
<br />approved March601905, and all amendatory and supplemaantal acts thereto: -
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />pipe sewer.•on Dunham Str"t, -fnem -C-ha pin Street to McPherson Street, in the City of
<br />South Bend, Ind Tana at and f or the f oll ow ing pr icas
<br />486 fin. feet; of 15 inch pipe sewer, per fin ft... . .........$3.00
<br />721 1 in. feet of 12 inch pipe sewer;,, per. 1 in ft............. 2.80
<br />2561 in, feet of 8 inch p ipe sewer , per lin ft...... , 1.00
<br />780 fin. feet of 6 inch pipe sewer, per fin ft ............1#00
<br />34.5 lin. feet of manholes per lin ft..........:............15000
<br />12 storm water grates, each...............:.................15.00
<br />6 manholes, curbs and covers, each ...........30.00
<br />and to perform all work in the prosecution of said improvement under and according to the terms and Con-
<br />ditions of Improvement Resolution No. .....794__ �- ------- adoptea liy the Board of Public Works., .
<br />and the plans, .profile and specifications on file in the office of the Depa: tment of Public Wocks,Twthni' ha d 920.
<br />resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out. herein at full length,
<br />The -contractor furtherr expressly covenants and agrees that in the prosecution of said work all proper
<br />skill,arid care'r,;!l be exercised, th t he -:1:1 r-10.,�lr'-11 all excavations and dangerous places,
<br />and will use all due and p oper pr,cat-i`Mn to ; vLperson or ps-c-;!rty; that in the 'event c
<br />any injury or damage resulting frcri tiv Wl' or rP� *i^g from -v r ,,t+er or thin connected therewith or J
<br />arising therefrom, to any pers^n or ii)rop.xty, hA z ^11 ray a-,-; fin idate the sanne at his own expense, and as-
<br />sume the liability therefor; and in the event of any ciairl or clams being made or any action or actions being
<br />brought against the city by reason or on aaccouat of or growing out of �'d work 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 claim or claims, action or actions. And �f
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />bean any judgment rendered against the city sh-aft be conclusive against the contractor and against the surety
<br />as hie Construction bond, as to tin . .mount, liability and other matters pertaining thereto.
<br />Aka tha cots-mactor agrees to snarr,tain said eta•-h repairs as may b� necessary
<br />rigid and in the manner as fixea� by the sueeificatiorns> wrd to sceare sae vk. 'nter ante and repair thereof
<br />0 Me With theft Board of Public Works a bona with su fieieut s:?rety thereon and in an ainount " fix.go by the
<br />s locations: And in doing such repair work the contractor an4 the surety on his guarantee. bond shall be
<br />00J,99t to the satie liability to the city and any other person for any injury or d
<br />`iruetion work. amage to any pets A i or prop-
<br />orty in the same manner and to the same extent as is fined in th Iasi preceding paragraph covering the con -
<br />And it is further agreed by and between said part/ -s that the acceptance of the work provided for in this
<br />CAylttsCt, Or the payment thereof, shall not constitute a waiver On the part of the City pf any of.tit_e provis-
<br />ifwis of this contract, nor shall it-r:;lease said contractor or the sureties an ttis bond fog the faithful perfo fiktx
<br />s;Ase thereof; nor shall the. acceptance be prima facie evidence of tho performance of any provision of this
<br />WHALfRat, 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 furniplied to be used in the malting of
<br />such Improvement and in the performance of this contract, whether done or furnished for him, or his alten:t,
<br />11e11guee, successor or 'subcontractor ; arid the city'tnay reserve out of any allowance (Wade on any eathapte
<br />it, favor ®f the .contraptor.or, i`- assigns, or out of the amount due b n or hil assign t#p�n the �cgtrtpletio:t
<br />of the vit�rk; so much as ma; cessary to pay all laborers or materisi Ingg for, a�dunte due them lop
<br />wark done or materials used or Lurnished to be used -in the perf�ortnan�ce of gth#s contto ut and the hein q
<br />said work ai d, the county treasurer; acring as city -treasurer, Way retain too toy Sol ected from pr' ' rty
<br />`dtvneps assess:d%r said improvement to pay such debts or until the_ contractor s'•:foiy that 'they hive been
<br />.laid or. �tiaf ed -
<br />aerers L(l reo_-) ati tu!" ".•earth. xnd unused material in the streets, or side's *tor"t
<br />upm�
<br />on the completion of the imm-0- m ant or the repairing thereof,
<br />The *wok of making srich §thproverrient shall be completed according to the terms ofthis contract an or
<br />beforethe ----------------------------- ----------- ------------- --------------------day of..----- .............. ..........,.... _...
<br />unless the time for the completion of the sane shall be "tended in wr'ti-;g by the Board of Public Works,
<br />And it is agreed that any such extension of time, or anv altera`ion of this contract or of the spanner or tyveth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the Contractor or his suvo.
<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_it the v; rit:_en co:.e.;:.t of the Board of Pnhlic Works.
<br />It is further agreed and stipula.ted that '-*, 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 &ne aria
<br />performed by said contractor the said city agrees to cause the cost of doing such work to be assesoed, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the snaking of such improve.
<br />ments.
<br />To each of the conditions and stipulations of this contract, including gill and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself,
<br />and the respective successor or assi�i ns of such partiek
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