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G73
<br />The f ollen ing contract and blind approved.. °
<br />PUBLIC IMPROVEkENT CONTRACT..
<br />Thi;; Agreement, )kde and enured into this 6th. , day of May 1919
<br />by are between Bruns De Paepe of the County of St. Jesep4, and. State of Indiana,
<br />(hereinafter referred to as the Contractor") , a,-,* the City of South Benda Indiana,
<br />County of St. Joseph, State of Ind na, by,..and through its Board of Public Works
<br />(here inaf7 er referred to the " City,,"),, under and by virtue of an Act of the General
<br />Assembly of the State of Indla,ns,, entitled "An Act Concerning Municipal Corporations,"
<br />a,ppr oved March 6,1905, and all amendatory and supplemental acts thereto:
<br />Witnesseth, that the a ontract,ar covenants and agrees to c on,,3truct
<br />pipe sewer in and along Phillipa Street from Div is ion Street to New Jersey, Indiana
<br />& II1taois Ry. Company,, in the City of South Bend, Indiana at and for the following
<br />prieas:-•
<br />11349 lin. feet of 12" indh saver piper, per tin ft.......... $1.70
<br />x234 lin, feet of 10" inch pipe sewer, per lin ft........... 1.70
<br />186 lin. feet of 8" inch pipe sewer, par tin. ft........... FAO.
<br />1148 lin. feet of 61nch pipe sewer, per lin ft........... .75
<br />48 1 in , feet of manholes , . per lin ft . . . . . . . . . . ............ 6. 00
<br />10 storm water grates, each .............................. 0 9.50
<br />5 manholes, covers and curbs, per each...................17.00
<br />aad to perform all work in the prosecution of said improvement under and according to the terms and con-
<br />ditions Of Improvement R�solution No. __.> ��t�_�.._._.;, adopted by the Board of Public Work9_M�eh 11� 1919.
<br />and the plans; profile ax-d specifications on file i , the office of the Dcpa. tment of Public Works, which said
<br />rei)*tion, plates,, profile and speci'ficati(ms are made a pant hereof as fully and effecti?ally as if` copied and
<br />set'-oa# he'rein at full length:
<br />COFitrdCfor' furtticr exnres Iv coverranis a^d" ag•r&s thdt ire'. the prosecution of said work all proper
<br />414W- k;:d dare • 1 e e.erci� , t>^ . h� 1 -nn '<� .c 3 o*�et all excavatiorls and'datngerotis p a.ces,
<br />a s Yet use r., d+�e a don•r l t
<br />arm tnj rp or.'riar+? ► a rr su:'tin gf....yperson or.r. _o. rtr That i ? t',
<br />e eve -it. from tt;., 6 3uv
<br />rg ron, av *ratter or th;na conr_ectPd t ei tvltt; or
<br />ar#aP trl'f:4rh, to any persn-i or oropF y, i= t} T`?V 3rr i 1,(i,.tdat tl;e sa+h'e at, his overt expense, and as-
<br />sltrcrC°]fie l#a€t�[y tleretor; a.:d in the e _�.t of a,-y �la_r� or'cla?r is being -made or any action or actions beiri bro gel t agora ,t the city by' reaso7 or on acco>wd of or gr6wing dut of said +��jr!� er'Its co?iztrtictiori, the safe
<br />COntraGtor will. at his""own expense defend the same, and.witil pay any) id.' I ent recovered fhprein, and will ..
<br />all r'espeetg. ftin
<br />dly.indemriify 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 efalttts; action or actions. And f within ten days after any such action is begun, the city shall notify- the contractor of tine -against
<br />thereof,
<br />than any .judgment regdered against the city shall be codclusive again' tVthe coritiactor and against the surety
<br />•tti his construction bond, as to tl ' mount, liability and other matters pertaining thereto;
<br />And the contractor a9rcQ-s to maintain said iuipro-;,:rnerit a.:c. walle such repairs as may e is ces
<br />the period and in the manner as fixed by the snPcifications, and to secure :ile maintenance and repair ta,:'r
<br />to f Ie With tie,Board of Public Works a bondl 1r;th sins cient surety *hereon and in. an amount a� bleed by
<br />specifications. And in doing such repair work the contractor and the surety on leis guarantee bore shall b
<br />subject to the sane liability to the city and any other erson for any injury or darriag•e to any„perF ,. i 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 />Arid it is further agreed by and between said parties that the acceptance of the workprovided for in t!-:is
<br />• contrast, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it rclease said contractor or the sureties on his bond for the faithful perfo; 1._
<br />ante thereof; nor shall the acceptance be prima facie e-kridence 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 rnade on any estimate
<br />in favor of th-e contractor or ' assigns, or out of the amount due him or his assigns upon the completion
<br />of the vrork, so much as ma :essary to pay all laborers or material men for amounts due them for
<br />Work done or materials use,: irnished to be used in- the performance of this contract and .the doing of
<br />said work, and the county ti• a;„rer, acting as city treasurer, may 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 />s rc;, : c : rE�i t� €r ii rut,"",
<br />t# € ar kl, =s
<br />13p� i tlic (f�rCYi�l�ti f11 t.� hf! iiYmflP�:x� ' � �� itn - S�fj rffataTiRl iri thie Strt As pf
<br />The vfor'k of mat t1? 9t i i M ,1t or the reps ring fher�o€.
<br />jIt�r sa'teflt s1?sll 1?e eorle£ed �ecgr�itn § of this corrtast on oar
<br />bfor she..... _ -d�v o€_ - _Au6ust�_le'
<br />t,rtle,a the tit?? for at;e comnle ' �;! o€ ��hc sa �E Sh_ii be eu*A„de€1 in w°+ti .g ]� +i,p --------2 19 --- y
<br />t f
<br />And it is agreed �h : �*! e+�ch eit-. € y , PQa+d of Public Worts Od Y ®i7 ta.11a, or any altexa` on of f-h;,s cntract or of the manner or rq}Pth-
<br />ties f doing siiCh wry,l# sh^'? +n ro rvay affect +be dut]es, olal]gations or liabilities of the contractor er his sure -
<br />fit is agreed that the contractor Pha]i not--ssign'his or sizh-let the work or any part thereof to
<br />be done l7eretiI;Cl r, �£ the Bodice , f p iiC �fOrl{S.
<br />it is further agreed a- ! ,i;'r d , „ �. . .
<br />preference in the ern to rrm n of 11 lal>�r o ractor shah _Ove to residents of said city and county
<br />p y tc; ssary in th�l Performance of this contract and failingto do so,
<br />shall i®1'1t 7® the City the, sun? o' d 1, s for each fail ,_ n t
<br />And upon the erformn�Ai. r o, cbse_rve ,his stipulation.
<br />P A of ail e. grins and conditions of this contract, and things to be done and
<br />performed by said contractor the said city ogees to cause the cost o doing such work to be assessed, col-
<br />lected dand paid to said contractor in the manner fixed by the Statute governipg the making of such improve -
<br />To each Of the conditions and stipulations of this �ntr�et tnel �dirl all and singular the
<br />terms of the n"p-, $ g provisions and
<br />s, profile, specifi t Ong and rt§9111tion Af@rt_§0d, the �it?� �ignE� hinds himself or itself,
<br />aald the respecLive succr�ssor or ;azr, g s of sttcit a r
<br />P. 1 tip,
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