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639
<br />.
<br />`Ft�e�da�r `�Tu�r 19tb•. ,191%. `:c ®nt inu�d
<br />Public. Improvement Contract _
<br />THIS AGREEMENT, Made and entered into. this_____ ________13th - -
<br />-------------- -----------day
<br />of_ --------- June ---- ---------------- ----- --- 1 b and between _
<br />_ 9---}'� � y Brun® De Pea,pe
<br />i.
<br />of the County of ------St-.---J8sJrph------- -- ---and State of -----
<br />------ -----------------
<br />(hereinafter referred to as _ the "Contractor"),, and the City of SC en , in the County of
<br />St. Joseph, and State of Indiana of Public Works, (hereinafter
<br />, liy and through its Board, fter referred
<br />to as the "City"), under and 'by virtue of an Act of the General Assembly of the State of Indi-
<br />ana, eIntitled-"An, Act Concerning Municipal Corporations," approved March 6, 19o5, and all
<br />amendatory and supplemental acts thereto: -
<br />Witnesseth, -ghat the contractor covenants and agrees to Construct pipe s ewer,
<br />4.
<br />in nei a 1®ng Br ookf ie Id Street fr am Linc el Way West `t® Vassar Avartue-
<br />in the City of S outh Be rd , Ind iana
<br />at aid for the following prices:
<br />980 Iin, feet of 12N w sewer
<br />P P , per Tin ft...00** $lo50
<br />230 3.in. feet ®f 8" pipe sewer, per lin ft
<br />5 lin. a ...., .50
<br />9 feet of 6 cend,uit pip , per- lin ft.. ;...... ,
<br />. 60
<br />20 manholes, per: ft; in depth ..... ...:....:....:.. 4.50 .
<br />10 storm.,water rates each.
<br />-� -- ••• ................... 65o`
<br />2 manholes, curbs and covers each
<br />.1 manhole and. f lush tank 6" ... ............ 120. 00
<br />I
<br />i
<br />and to perform all work in the `prosecution of said improvement under and according to the terms and conditions
<br />of Improvement: Resolution No------521 _________________ adopted by the Board of Public Works
<br />.__-___
<br />�- h�---- 91�
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, whic- said res�ol}u-
<br />tion, plans, .profile and specifications- are made a part hereof, as fully and effectually as if copied and set out herein
<br />at. _full length.
<br />The contractor furtherexpressly covenants and agrees that in the prosecution of said work all proper skill
<br />and care will be exercised; that he will properly guard :and protect all excavations and dangerous places, and will
<br />use all due and proper 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 therewith or arising there-
<br />from, to any person or property, he will pay and liquidate the same at his own expense, and assume the liability,
<br />therefor; and in the event of any claim or claims being made or any action or actions being brought against the
<br />city by reason Lor on account of or growing out of said work or its construction, the said contractor will at his
<br />own expense defend the same, and will pay any judgment recovered therein, and will in all respects fully indemnify
<br />and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment
<br />recovered in connection with such claim or claims, action or actionS.L And if : within ten days after . any such.,
<br />action is begun, the city shall notify the contractor of the pendency thereof, then any judgment rendered against
<br />the city shall be conclusive against the contractor and- against the. surety on his construction bond, as to the
<br />amount, liability and other matters pertaining thereto.
<br />And the contractor agrees to maintain said improvement and make such repairs as may be necessary for the
<br />period and in the :mariner as fixed by the specifications, _and to secure the maintenance and repair thereof to file
<br />with the Board of Public Works a bond with sufficient surety thereon and in an amount as fixed by the specifi-
<br />cations. And in doing such repair work the contractor and the surety on his guarantee bond shall be subject
<br />to the same liability to the city and any other person. for any injury or damage to any person or property in the
<br />same manner and to the same extent as is fixed in the last preceding paragraph covering the construction work.
<br />And it is further agreed by and between said parties that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provisions of
<br />this contract, nor shall it release- said contractor or the sureties on his bond for the faithful performance thereof;
<br />nor shall the acceptance be prima facie evidence of the performance of any provision of this contract, except to
<br />the extent of entitling the contractor to the contract puce therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such
<br />improvement and in the performance of this contract, whether done or Lfurnished for him,, or his agent, assignee,
<br />successor or subcontractor; and the city may reserve, out of any allowance made on any estimate infavor of the
<br />contractor or his, assignS,L or out of the amount due him or his assigns upon the completion ofahe work, so:
<br />much as may be necessary to pay all laborers or material men for amounts due them -for. work done: or materials`
<br />used or -furnished to be used in the performance of this contract and the doing of said work, and the"County treas
<br />urer., acting as city treasurer,- may retain money. collected -_from property owners assessed for= said improvement
<br />to pay such delits or urftil the contractor shows that theyhave ,been ,paid or satisfied.
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