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764
<br />TW ,.
<br />PUBLIC 'MVO' CON'TRACM
<br />THTS AGRIii *de and *ntt.eerod late this 7�h-t day of June
<br />by '"d b4t�6oA'BrU*4-';Xo PS*po of 'the- County of St.' Joseph iand State of IAd1&a&q
<br />ad to as t�h'� ' -COX t - or*)# add the City of Sibuth,BoAd. -ft the
<br />(18rilsaftir,reforr at1act,
<br />0 Gusty, of- St, Jon apb" Gad -. State`: -of Andla by *nd- through its Board of Public,
<br />Works., (here laaft or. rtf orrod to as 'the '4MIty'), under amd by'virtuo of an Act
<br />of
<br />the Goxom ft aly tit Wof "the Tana, tled A% anti Act C onaer-n
<br />,UajoLjp&j Copper it 1a4s*ppr a v- ad ol 09051 and 4ll,aaeadatorty and
<br />#,uppl*_ limth
<br />moatal acts thereto:
<br />Wit*098.0thi. that the, amozacter covexents and agrees to VoRttrUct
<br />pipe sewe* in aad`along, *Beale, Street .from Portage AvesUe to Kessler Boulevard
<br />In the City! of * South* Beado, Indianat I atandfor the follow ag prices;
<br />525-jin. feet of 12 lach pipe saver, -per lin ft o.. . ...... $2.3-9
<br />38'lla. feet of 8 lach pipe sower* per lin ft . ........
<br />240 Ila. feet of 6 latch conduit pipet perliar-r_'t" as
<br />20-11 is. feet Of a&"oloe per Ils ft#:o&9oo#*oo*o@o9*o#o 7w`O
<br />2 storm water grates, each...
<br />2 manholes, curbs sad covers, each ..............
<br />wja(l to perform all work in the prosecution of said. improvement under and according to the terms and -con-
<br />ditions of Improvement Rosoliltion No. ...68S .............. . adopted by the Board �df Public !Norks..J3,ma .... 3,0.VIq.
<br />and the plans, profile and specifications on file's
<br />n the L office of tlie'Depa-.tment,of Public Worksl.-Wbicl�-,,said
<br />t made jj�L fully and effectually as if copiecf. and
<br />res0q'tion, profile and specifications ar., part hereof as .1
<br />s out-�hee � at i, 11 Ise Zth
<br />et ettl 'I
<br />e contractor fiixther expressly covenah-ts'aagrees that in the prosecution -of -said _-work all proper '.34
<br />s a144 s,,,
<br />T, ozf)�
<br />skill-azzid case_ -`.1 bt:e�zerc`sei; t1-1-1t, he .11 excavation dangeron esi,
<br />il c
<br />to person or p7c----_-tty *tl j t . 'r,
<br />�a"t ifilul,
<br />e and pzr.,�f)er pracatitioa�i6 p
<br />any .injury or danoge resulting frorp 6- or re�,t f ?y.!zrat+er or thin -ttr i thcrewi4 or
<br />.from
<br />ay an -pe at his ova expanse, ax
<br />arising therefrom, to any pers,� 0 property, be.,m,41 p liqt7idate- the ssi 'd "s-
<br />f any 0aiin or Clair -is be -rig made or any ac`;o ti r�r ac
<br />surne the liability therefor, in the even't- o.
<br />bro:--ght against the city' by reason or.on account of or otltxaf ci*d -wor'r- or its cnn�trlicti sn, i
<br />I I I e
<br />contractor will at his own�-expense de4pnd the sarne,.and".will pay any judgment recovered ther'in.: and
<br />all respects fully indemnifk and save harmless saidcityo its officers,, agents or reoresentatives from art: cost,
<br />expense, payment . t or I judgment recovered in L connection j with such claim or claims, action or ReLtio, na. -A I f
<br />within ten days after any such action is begun, the city shall notify the contractor of tiL,, oenn'l
<br />then any judgment repd6ized against the city shall be: conclusive against the contractor and against the 'surety
<br />ca leis construction bond, as to tb limount, liability and other matters pertaining thereto.
<br />And the contractor agreas to md'Ji"l-nin said a,_zii. e-sl .11 repairs aF. r-- L
<br />the period' and in the. manner as fixed by the specifica-ions, and to sec -re 1,ae maintenauce ana
<br />to file witlt.,t'ie Board of Public Works -a bond_;'th sufficient sur
<br />ety thereon. and in an amount as
<br />specifications. And in doing such repair work the contractor and the surety on his griiarantee bcl b.,
<br />subject to the sarne liability to the city and any other person for any injuryor damagt to any z-, C7- P
<br />erty in the same manner and to the same extent as is fixed in the last pneding paragraph cove, fiity 'C-le co,.
<br />struction work.
<br />A_-nd it is further agreed by and between said parties that the acceptance of the work provii-Ind for t:
<br />contract, or the payment thcrzof. shall not constitute a waiver on the sr-t of the city of any t-4
<br />u ioi 5 of this contract, nor shall it rtleasc said contractor or the sureties on his bond for the
<br />ante thereof ; nor shall the acceptance be prima facie evidence of the performance of any provisloll0'1
<br />contract, except tb 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 oi
<br />such in and in the performance of this contract, whether done or furnished for him, or his ageict
<br />assignee, successor or I subcontractor - and the city may reserve out of any allowance made on any esti-�nFi,te
<br />in I favor of the contractor or 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 411 laborers or material men for amounts due them for
<br />work - done or materials'usea c.: urnlshed to be used in the performance of this contract and the doing of
<br />said. assessed eged work, and the County treasurer, acting as city treasurer, may retain money collee(ited from property
<br />ownS.
<br />for 'said improvement to pay such debts or until the contractor bows & that they have been
<br />L
<br />paid or oatisfied
<br />to rerno- P11 run')ish, earl-h and tim-1sed tnate'r`ial in the strtets or
<br />dpQn-the the impro1;,2m-..-j 'rfrij thereof.
<br />A -or the repa,
<br />The work of rnq:kin rovente'
<br />K sw7h imp. nt shall be completed 4-ccor in to th t f this contract an or
<br />.................... . ............... �__Aay 6f ----------------- . ..... ..... .......... .
<br />b#Jore the ............. %._.; ... L7131 -------- ". or f4
<br />VnIrss,the time. for: the coinplet`;Lon of the sar t sh '11 bl extended in w-:It,,--g L-y the Board of Public Worlis,
<br />a i
<br />Ar:d it is ag-rP.&d '117t Pny siuh i <ten, ; of ti
<br />m
<br />or y alter of this c(nfract or of the manner or mt�th-
<br />wn
<br />od 6f doing such work shall ;fn 11-
<br />o way affect the duties, obligations or liabilities of the contractor or his sure -
<br />It is agreed that the contractor shall not �.ssign this contract, or sub -let the work or any part thereof to
<br />be, I done hereimde,r, w i t h th f .,vruv en conv of the Boarid-of P,,,blic Works.
<br />It is further agreed and stiptila`-cd +ant c,)ntractor shall give to residents
<br />esidents of said city and county
<br />preference in the employir,(,rit of all labor nec.2ssary- in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this s
<br />I ,tip�ulation.:
<br />,And upon the performance of all the terms and conditions 6f-:-th,s 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 a!fq;_-ss11d, col-
<br />lected and paid toL said contractor in the manner, fixed b,
<br />improve-
<br />ments. Y the statute governing the making of such improve.
<br />To each of the conditions and stipulations of this contract,
<br />tract, including all and singular the provisions-anA
<br />terms of L the plans, proffiresolution specifidations and re QI tion aforesaid, the ;undersigned binds himself or itself,
<br />knd the respectj Ve successor or assigns of such parties:
<br />TAT 'WSTIMONY WMRHOPo Wov,the f *rag 0 Ing named parties, herauxt*
<br />got our L h&Zd8 th4 nth.t day- of. Juse 1919*L
<br />BRUNO DBPEAP s, C ostract ft#'
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