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<br />A _— d 1 n /. 46 ]n__-
<br />PUBLIC MOVEIWENT CONTRACT.
<br />THIS AGREEIENT, Fade add entered into this 21st day of April 1917by and betwe
<br />Bruno De. Pea pe of- the County dif St. Joseph and State of Indiana ( hereinafter referred
<br />to as the contract,") and the City of South Bend, in the County of St. Joseph, and
<br />State of Indiana, by and through its Board of Public Forks, (hereinafter referred to as
<br />the City" ), under and by 'v irtue of an Act of the General Assembly of the State of
<br />Indiana,, entitled " An Act Concerning Municipal CorporFations, " approved March 6,
<br />1905, and all amendatory and supplemental' acts thereto;
<br />witnesseth , that the contractor covenants and agrees to construct pipe
<br />sewer on Ostemo Street from Iroquois Street to Lafayette Street, inthe City of South
<br />Bend , Indiana at and for the following pr does :.,
<br />410
<br />lin.
<br />ft.
<br />of
<br />12"
<br />pipe sewer, per lin ft.....................$2.05
<br />398
<br />lin.
<br />ft.
<br />or
<br />10"
<br />pipe sewer, per lin ft............. ......
<br />1.90
<br />130
<br />lin.
<br />ft.
<br />of
<br />8 "
<br />pipe sewer, oer lin ft... # .................
<br />.60
<br />560
<br />lin.
<br />ft.
<br />of
<br />6 *.conduit
<br />pipe, per lin ft...................
<br />.65
<br />17 manholes, per lin ft.........................................4.50
<br />6 storm water grates, each............ ..........................6.50
<br />2 manholes, curb sna d covers ,` each ................. .........15.00
<br />and to perform dll work in the prosecution of said improvement under and according to
<br />the terms and c and it ions of Improvement Resolution No. 485 adopted by the Board of Public
<br />Works February 27th. ,191'7 and the plans, prof iles and specifications on file in the
<br />office of the Department of Public Works,, which said res olut ion, plans, profile and
<br />specifications are made a part hereof as fully and effectually as if copied and set out
<br />herein at full length.
<br />The construction further expressly covenants and agrees that in the pro
<br />seetitiion of said work all proper skill and care will be exerc iced; that he will guard
<br />and protect all excavations and danagerous places, and will sue all due and proper
<br />precaution to prevent injury to any person. or property; that . in the event of any injury
<br />or damage resulting from the work or resulting from any matter or thing connected there-
<br />with or ar is ing there from, to any person or property, he will pay and liquidate the
<br />same it his own expense, and assume the liability therefor; and in the event . of any
<br />c la im or c la ims being made or any action or actions being brught against the City by
<br />reason or on account of or growing out of said work or its construction, the said con-
<br />tractor will _at his own expense defend the same, and will pay any judgement recovered
<br />therein, and will in all respects fully indemnify and save harmless said City, its
<br />off icera, agents or representatives from ail cost, ex _tense, payment or judgement re-
<br />c overed in connection with such claims, action or actions. And if within ten days after
<br />any such action is begdn, the city shall notify the contractor of the P eke 8,Ythereof ,
<br />then any judgement rendered against the City shall be conclusive against the contractor
<br />and against the surety on his construction bond, as to theamount, liability and other
<br />matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and make such
<br />repairs as may be necessary for the period and in the manner as fixed by the specification
<br />and to secure the maintenance and repair thereof to file with. the Board of Public Works
<br />a bond with. suff is ient surety thereon and in an amount as fixed by the spec if scat ions
<br />And in doing such repair work -the contractor and the surety on his quarantee bond shall
<br />be subject to the same liability to the City and any other person or any injury or damage
<br />to ,any person or property in the same manner and to the same extent as is fixed in the
<br />last preceding paragraph cover in& the construction work.
<br />And. it is further agreed by aft and between said partied that the accept-
<br />ance of -the work provided for in this contract, or the payment thereof, shall not
<br />constitute a waiver on the part of the City of any of the provisions of this contract,
<br />nor shell it release said contractor or the sureties on his bond for the faithful per-
<br />formance thereof: nor. shall the acceptance be prima facie evidence of the performance of
<br />any provision of this contract, except to the extent of entitling the contractor to the
<br />contract price therefor.
<br />The contractor agrees to pay all labor and materials used or furnished
<br />to be used in the making of such improvement and in the performance of this contract,
<br />whther done or furnished for him, or his agent, assignee* successor or subcontractor
<br />and the City may reserve :tha out` of any allowance made on any estimate in favor of the
<br />contractor or his assigns, or out of the amout t due him or his assigns upon the com-
<br />pletion of the work, so much as may be necessary to pay- all .la.borers or material men for
<br />amounts due then for work done or'materials ihsed or furnished to be used in the perform-
<br />ance of this contract and the doing of said work, and the county Treasurer, acting as
<br />City Treasurer, may retain money collected from property owners assessed for said
<br />improvement to pay such debts or until the contractod shows that they have been paid
<br />or sat is if ied.
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