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647
<br />PUBLIC IMPR OVEM- ENT CONTRACT.
<br />This=Agrentent, made And entered int this bth., day of May 1919 by and
<br />between Bruno De°Pe'apt of the Ceulhty of St. Josepg and State of Indiana (hereinafter
<br />referred to as the " Contractor"), and t'ae City of South Bend, in: the County of St.
<br />Joseph, and State of Indiana, by and thxough' its Board. of Public Wooks, (hereinafter
<br />referred to as the >" City" ); uxid.er and by, virtue of an Act of the General; Assemblu
<br />of the State of Irid ia,iza , ent.it led. " An. Act Concerning Mun.ic ipal C'orpora.t ions, " approved
<br />Mar h 6,19Q5, acid all &meenda,tory ant supplemental acts thereto:
<br />Witnesseth, that the
<br />c ontract i c oV6nants and agrees to construct seder pipe in and. along Pulaski Street
<br />fr tam Ford Streat to a point II0 Pe-int s outh of Div is ion Str�,, in the City of South
<br />B3,bn,l, Indiana, at and for the following prices:— ,
<br />1203 lin. feet of 12 inch pipe si,vor, aer lin ft....... $ 1.50
<br />76 Iin :feet of flinch pine sewer, per lin ft.......... .70
<br />752 lin. feet of 6 inch coonduit Wipe, per lin ft._... . .75
<br />285 lin, feet of manholes, per lir, ft. in a lepth.........5..00
<br />4 storm water grates,-ach............................ 9.50
<br />3 rl.Lq,,nho a;, curh snad covers, each ............. ......17.00
<br />•;ltd to perform all work in the prosecution of said improvement under and according to the terms ami con-
<br />-1 March 11 1919
<br />ditions of Improvement %'solution No....-......_�� 1..--, adopted by the Board of Public ]�Iorks ...............
<br />and the plans, profile a td._specifications on file 'n tht office of t'-:e Depa-tment of Public Works, wbich said
<br />rr to tion, :plans, • t o 'e _a^.d specifications are made a part hereof as fully and effectually as if copied alA
<br />suet out herein.at full lenOtb._
<br />e ortractor #+irtheT P-G> s '.v covenants and a^-rces th-t in the. prosecution of said work all proper
<br />el'111 ;1 care ` 1 l??' e� et t . �q i ?� ` l7N '"" i p - }h F : all excavat;Ons and dangerous places,
<br />end . '1 rice .'l �.lu? a: .� r.t (1' n r _- �Tt ilr.^< rersen
<br />Ally 1TSJt''y.rAf <j?Ii137 S'.1'� �T.^,] ` �r/1 ` .� c _` iq: n y fit._: (r tl" < �� # 1� r"`�t+it Or.
<br />tl+erPfrom, to any pet•. _.1 D: r)rQper y, h ll pay a a ltr i0at th s^n1e at 1 own eXCen,e, and -arising aS-
<br />Pitme ;he liabflrty:therenor; and in the event of nny claim or cla rns he ng m t or any ac c a } ons b ^Pl
<br />brc.'tit aigaiflA 'the City :. y reason -or on accoulit..of• or growing ovt of si M t r'' or its cnn true` nn., s -1
<br />,'
<br />Corfiiibtp will at list o1vn'-expense defend the same, and -r+11 pay any judiment recoveted therein, and w-'' in
<br />all tests fully indemnify and; save harmless said city, its officers, agents or repiesentatives from all cost,
<br />expense, payment or judgment <recovered in connection with such claim or claims, action or actions.
<br />within ten days after any'sudh`"action is begun, the city shall notify the, contractor o.f te,:. pendency ,her
<br />then any judgi#e it rendered -against the city shall be conclusive against the contractor and against the surety
<br />on hit "'Construction bond, las to th =mount, liability and other matters. pertaining thereto.
<br />At;A4@ :€ i6tbt k4feag w x mirt-ain said 4a1,rc:-. went a:.Q ,lak:e scch repilts. as way b4� necessary
<br />to �#F16d a, d f tr, �, t4cr as fix*A try the snP66catioris, and to secs re the maintenatact and repair th�r. ,.�
<br />With �j16 board *f Putlic 'Works a bond w.th sufficient surety thereon and in an amavnt ft fiXe_dby th
<br />11mi e-010IIN, And in doing such repair work .the contractor and the surety on his lgvaranteo bond shall be
<br />fv,�Jqt to rho baffle iiawlity to the city and any other person for any injury or dainage to any perF :•n Or Arop-
<br />ofty in the mme m>lnner and to the same extent as is fixed in -the last preceding paragraph covering the coat••
<br />Itri4et4oll work,
<br />And It 4 further agreed by and between said parties that the acceptance of the work provided for in this
<br />get r&6t, ®r the payment thereof, shall not constitute a waiver on the part of the city Of any pt the prov"is-
<br />Ifiq of t lg cantract, nor shall it release said contractor or the sureties on his bond for the
<br />feftltful perform-
<br />llilll q thereof i nor shall -the acceptance be prima facie evidence of the performance of Any provision of this
<br />40111 Rot, wopt to the extent of entitling the contractor to the contract price therefor,
<br />The vani `rotor & refs to pay for all labor and.materials used or furnished to be used In the MalslnK of
<br />mh 1 plr'ovaatant and in the performance of this contract, whether done or furnished for him, or hi§ fLpnt,
<br />sstigllss, ttitt094ar or subcontractor; and the city may reserve out of any allowance made on any oat at#,
<br />to tiver of the tantractor -or ' ' assigns, or out of the amount due him or his assigns upon the eempi9OPP
<br />of tht work, a0 much as ma: :tssary to pay all laborers or material men for amounu din tb4m W
<br />k dons of mattriala useu .arnished to be used in the performance of this contrext and tabs doing 9f
<br />aid k� and th'a County treasurer, acting as city treasurer, may retain money collected fr€ n prep '
<br />.40
<br />,5tjhsn s&&ssttd tW aaid utaprov�nent to pay such debts or umit the eontraet�►r ehowo dint f WV4 1�.
<br />P&fd V •a> 11*d
<br />e CCU.- t1) r--MG Ril Yti _:�i1, e2r'l and un,.,sed material in the strt-,ts or sides t v-_1-4 f
<br />cn the completion ofvthe impro=gem°:,it or the repa;ring thereof.
<br />The work of making such improvement shall be competed according to the terms of this contract on or
<br />cforethe -------------------------•---------------------------------------------------day of-------------------------------------------------- ...... --............. 19..------..,
<br />unless the time for the comnieti-n of the sar-e sh-nli be extended in wr t by the Board of Public Works,
<br />Arid it is agreed that any sti�h exten =ion of time, or any alteration of this contract or of the manner or raeth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the corarac*or shall nit. .ssign this cortra_c?, or stab -let the work or any part thereof to
<br />Y re„ wii-ho,_,t the. ,;! `r— l the and of nj, Iic o k
<br />be done he a,_sider, r,. .....- of -'� B,^�.. _ r ,. ,- .. �. r_.s.
<br />It is further agreed argil _ ed ^a.t a c-)ntracfor =hail giFte to residents of said city and county
<br />preference in the employrntnt ofVall lal;or -._,.ssary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of }en doilars for each `ailliis to observe this stipulation.
<br />And upon the performanc, of ail the ter^is and co_-clitions of this contract, and things to be done and
<br />performed by said contractor the said city agrees to cause the cost cl doing such world to be assessed, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such improve-
<br />ments.
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />terms @f the pl--ls, profile, specifications and resolution aforesaid, the undersigned binds himself Qr +tself,
<br />and tl_., rff pective successor or assigns of such parties.
<br />IN TESTIMONY WHEREOF,
<br />hands this lit., stay of May 1919.
<br />CIT 'OF SOUTH BEND, INDIANA.
<br />We, the faregoIng named parties, hereunto. set our
<br />BRUNO DEPEAPE
<br />Contractor.
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