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719
<br />PUBLIC D4PROVIaWNT CONTRACT.
<br />This agree-wzt Made and entered into this 319t.0 day of May 1919 by and
<br />between .Brune De Pse pe of they County of St. Joseph, a,nd State of Ind is;na she" inafter
<br />referred to as the " Contractor") and the City of South Bend, In the County of St.
<br />Joseph and State of Indiana, by and through its Board of Public Worts, (hereinafter
<br />referred to as the " City".) winder and by Lvirtue o an Act of the General Assembly
<br />of the State of Indiana. entitled An Act . Concerning. Municipal Corporations ," approved
<br />March 61,19059 qad all amendatory send supplemental acts Thereto:
<br />W itnesseth, that the contractor c gvonants and agrees to c ons truet pipe
<br />sewer in and - along Cheatnut.Street _From Rapier street to L. S. & M. S. Ry. in the City
<br />of South Bend, Ind lanw, at and for the following piAcee:-- °
<br />300 line feet of 10 inch pipe sewer per lin ft. .'...* e.....$l&60
<br />195 feet of 6 inch conduit pipe sewer, per Tin ft°..._...... .75
<br />8.5 feet, of manholes , per ft .............................. 7.00
<br />On* manhele each..... ......... ,..................18,00
<br />and to perform Ali work in'the prosecution of said improvement under and according to the terms and con-
<br />ditiotis of ttiiprovement' Resolution'No °..656•..•• , xdvpted by the Board of Public �JVorka.,,,, Apr it 8,1919.
<br />and the plans, profile and specifications on file 'y the office of the Depa; tment of Public Wcirks, wl+;ch..sa.id
<br />resohtion, plaits; prof'i'?e and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full ledgih:
<br />The conrractc2r fttitlfer, cxpresly covenants aria agrees fh it in the 'prosecution of said work aril proper
<br />skill ari.4 care ;11 bu- -Orclsutl;-ttt �t he <al l.r A r wi 3 F ,�t ,* t all excava+ions,ar4 dangerous placA,s
<br />and , F,lt use.a'1 die andr. af:.ioa to- ar-vt:-, t init-30 ti fry person or flat i-I tk.;,, ev-,4 F,{
<br />any injury damage resttltipg item tl~-' vv�r`. or re :•lf'>► r fr�5tn ,gM •• !t*P" OF t{+.rin r _ e ., r`
<br />orr.�. tFd there `vi 1 er
<br />arising therefrom, to any perF^a'or property, hP • :II ^3v'a"-t liFiy`. date r?le`same at his own expen,sP and ,.A,s-
<br />sume the liability therefor- an4l in .the event' of an' clairi or clz&s beinj made or an-v. action or actions b ,..,zT
<br />brot±ght, against the city l y reason or on accoutit of or gTowint buy of s yid work or its construction, s-.' i
<br />contractor will at his own expense defend the same, and v!ill pay any jodgment recov�e.red therein, and v� iI
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all erns?,
<br />expense,. payment or judgment recovered'in'connection with such. cfaam or claims, action or actions. .A F
<br />within tern days after any;`such action,is-begun, the city sha,lk'-x�o�tify th contractor of t4.; uend.e-.
<br />�cy ther s
<br />p any judgment rei,dered against the city shall be conclusive against the contractor and against the surety
<br />eu Construction bond :as.to th -Amount, liability and other matt rs-pertaining' thereto,
<br />And the cCncn cto ; i; L a` `ain said impro'r.-nlent a ma_-e such repairs as rY.Ia i C^S
<br />the period and in the _.annel a,;; fixed bythe s±)Pcifa.ca,ions, and to sec ire iiie maintenance and repair t rar-..:.)
<br />to file with Vie Board of Public vVorks a bond with sufficient surety thereon and in an amount ati fixed by tip.
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to the city and any other person for any injury or damage to any per: 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 />And it is further agreed by and between said parties that the acceptance of the work provided for in ct'_-_is
<br />contract, 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 retease said contractor or the sureties on his bond for the faithful perform-
<br />ance thereof; nor shall the acceptance be prima facie evidence 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 pav 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 made on any estimate
<br />in favor of t4ie contractor or 1'- assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as ma- cessary to pay all laborers or material men for amounts due them for
<br />work done or materials usen c, arnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasu-er, may retain money co064eted from property
<br />owners assessed for said improve*ne-t to pay such debtt or w-itil_ the contractor sl-iows that they have been
<br />paid or satisfied
<br />- ' ( remo- _ all rub • sil, earns, and unTised triaterial in the stra:;ts or sides t% 4e, cµ n the com=�ietinn c.I the im ,-ovem' .It or the rena.;ring thereof.
<br />The t ork of making slick irnpr,vement shall be comileted arAr�� rg,Lt_o�t lelferms of this contract on or
<br />bfJore the-.--.----- �tl { 7_ 77
<br />+ -
<br />------ av O
<br />unless the time for *l:e comi let;on of the sar,t shall be extended its v�_r g by +ham ...................................... 1_ s
<br />Li ,d it is agreed that any h e'�tCi.^-IOii OY t'_^.� or any a'+. F iOFF ()f ±l?T_S 4 :laCt Or of the manner (}rLnO(��h
<br />f la
<br />od of doing such work shall. in r,o way affect *. t- -r
<br />ties.
<br />he du:.i s, ob.;gations or liabilities of the contractor or his sure-
<br />It is agreed that the contras -or shall not assign this contract, or sith-let the work or any part thereof to
<br />be done hereunder, wi-hc; en ! of the Board o:f iit Works.
<br />'it is further agreed ? ci S ,1' �-d fh, a' c,)-itractor shall give tresidents
<br />preference in the ernpioym.:nt of a;l labor necessary in the p rformance of this contract, �4 id city and county
<br />shall forfeit to the citythe sum of ten dollars c b id failing to do so
<br />And upon the „ ,s for each :allure to observe this stipulation. -
<br />p performance of all the terms and conritions of this contract, and things to be done and
<br />performed by said contractor the said city agrees to cause the cost of doing such work to be ass!ssed, col lected and paid to said contractor in. the manner fixed by the statute governing the making of such improve -
<br />To each of the conditions and stipuia,,ions of this contract, including all and singular the provisions aild
<br />of the plans, profile, ; seine-:tions, and resolution afo sa rho undersigned ne+d binds himself or ;tself,
<br />A. ±> e respective success.^,- or 3,ss, , rs f size;~. parties.
<br />IN TESTIMONY THEREOF, We, the goragoing named parties hereunto
<br />set out hands this 31st . , day of May 1919.
<br />CITY OF SOUTH BEND, INDIANA.
<br />BY G. A. ELLIOTT
<br />HARVEY F. ROSTISER
<br />JOSN F. DEAAVEN
<br />Its Board of Public Works.
<br />BRUNO DEPAPE
<br />Contraetor.
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