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<br />Nadnesda.y Sa ptember 24th. ,1919. Continued,
<br />The f of lowing bonds and contract approved °
<br />PUBLIC IMIROVEIAENT C 014TRACT.
<br />This Agre7ement, Made and ,entered into this 24th., day of September
<br />1919 by and between. Joseph A.' Luther of the County of St. Joseph, and State of
<br />Ind iana (hereinafter referred to as the'" Contractor"), a,nd the City of South Bend,
<br />in the County of St. Joseph, and State of Indiana, by and through its Board of Public
<br />Works, (herein -after referred to as they "• City'), under and by virtue of ran Act of the
<br />General Assembly of the State of Indiana,entitled "'An Act Co corning Municipal
<br />Corporations, N approved March ;6,2905, -and all amendatory and supplemental acts therete -
<br />Witriesseth, that the cortra,ctor covenants and agrees to construct pipe
<br />sewer in and along St. Peter Street from Corby Street to Howard Street, in the City of
<br />South Bend, Indiana .a,t ..and for -the following prices:
<br />402 lin feet of 12 inch pipe surer, per lin "-t........ A2.50
<br />2SO l in. feet of 6 inch -pipe sewer, per l in ft., ......no bid.
<br />11.5 -feet f manholes, per 1 iii ft..; .........`........ 5.00
<br />`' 1 manhole, curb and covers, each......:... ...; 18.00
<br />4P,4 � � t"f9zltrE All w9rk iA Ole- prosecution of said improvement under and accorditig- to the terllas alyd
<br />4itl000 of l!Mpt`QVe qnt molifflon 1,40, .---- ----------- adopted by the Board. of Public �1�,�orks.,... �,.,...o............
<br />�
<br />af4 th$lat" p, profile "rillIpHcif caf+ons on file ;-, +he office of the Department of Public Works, which ss.i
<br />-FA.4011160n, Pla0s, pfoat apl specifications -are made a part hereof as fully and effectually as if copied and
<br />l �l *4 herein at full length
<br />eovtraetor furtherexpressly covenants and agrees th^.t in the prosecution of said work _all proper
<br />PUM 41- f ease 1 ,'Il be exercip-,d ; tp _t he ---:,1 1-70n • � 1 ; _ = all excavations and dan erotts places,
<br />V-d proper pr"ca-ll"0:1 t0 or- t 1r;11-v r _ry person or }},, 1t�'
<br />F F` -'y; at 1 event n
<br />ai`,Y initiry or tlgf amp resulting from t!le cr fr v tt�E- or thing con...r. d th...
<br />'r*� 'rnlvt� or
<br />AfNI tharelr�? 1, ja any erQAr1 or property, he 11 v a. ,ida e the s -_1e at his own expense, and as-
<br />stwjtt he liability therefor; and in the ez.,ent of any clam or claims b_.ng m?de or an act; a,.
<br />y on or actions b.,;,1ql
<br />brWight Walrust the city by reason or on ».ccount of or gro-ving out of s id v.rork or its construction, th:! skid
<br />WlAf.mr3or will at hie own expense defend the same, and gill Fay any judgment recovered therein, and will in
<br />01 r01400 fully ittderrfnify and save harmless said c;ty, its officers, agents or representatives from all cost,
<br />eel t:r,N1+, p�t),wo_nt or indgntent recovered in connection with such claim or claims, action or actions. And 'f
<br />.,1tmil tttt 4tgs Mter ttt,y sltch action is begun,.the city shall notify the °contractor of the
<br />tli11 $tt4] 11,0 •wi 0 rt ilt od agiJ,ist,the city sell be conclttsi-v t
<br />y e ag �,7rs �t the contractor and age.;nc>t the ;;,,r,ri;,y
<br />:ow to tl" t1lFreto.
<br />d the cor.rractor. agreas to maintain said inip ro-,crri c it a .d 1:e such repairs as ma,
<br />the period and in the manner as fixed by the specifications, a. d to secure t:1e maintenance and repair` tner.: ,. to file with the Board of Public Works a bond with sufficieni surety thereon and in an amount as `fixed by the specifications. And in doing such repair work the contractoi and the surety on his guarantee bond shall. be
<br />subject to the saute liability to. the tify and any other person or any injury or damage to any pers� n or pro p-
<br />erl-y in the same manner and to- the same extent as is fixed in the lag preceding ara raph covering the con-
<br />struction work, j P g P g
<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. Waver ' the part of the city of any of the provis-
<br />ions of this contract, nor shall .it release said contractor or tie sureties on his bond for the faithful perforn;l.-.
<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 he 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 he sit
<br />im favor of the contractor or assigns, or out of t11e amount due him ve out of r his assigns upon theallowance made on any
<br />ompl estimate
<br />of the work, so much as <ma cessary to pay sll iab.orer or material men for amounts due them for
<br />Work done or materials uses, .urnished to be. used in 'th . performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city: treasur r, may retain money collc.--ted from property
<br />° owners -assessed for -'said improvement to pay -such debts or n-cil the contractor shows that they have been
<br />psid or sati4_fieci
<br />rL za, -ear.-h. and �u1:�:sed material in the strt,;ts or
<br />Lie? ern, :sl .: z : > the 1m;1- O11cm._at or the re
<br />The thereof.
<br />The work of mal ing such improvement shall be comiAeted according to the terms of this co.:`: _ct cr,1 oz.
<br />V,Ffore the ................... ---------....................... ...dav of_....�......._...............
<br />- 19......-..,,
<br />unless the time for the com�oletion of the sae P shall be extel ded in wr;t;-:g by the Board of Public Worits,
<br />Ard it is agreed .that any such exten-ion of ti*-1e, or anv alter Lion of this centract or of the manner or 1,ietl-v
<br />ad of doing such work shall in no way affect the,dutio �, o
<br />ties. bli tions or liabilities of the contractor or his sure
<br />It is agreed that the contractor shall not assign this contract, or sub -let the work or, any part thereof to
<br />be done- hereunder, withot,t the vritter, cony :nt of the Board of Public Works.
<br />It is further agreed arid stipulated that contractors all give to residents of said city and county
<br />preference in the employn-,=nt of all labor necessary in the p rforrmnce 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 stipulation.
<br />And upon the performance of all Mi. terms and conditions of this contract, and things to be done and
<br />performed by said contractor the said city- agrees to cause tb , gopt of doing such work to be assessed, col.-
<br />lected and paid to said contractor in the manner fixed by the s Latute governing the making of such improve-
<br />merds.
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the plans, profile, specifications and resolution a€ordsaid, the unde6igned binds biwse.lf or itsr:lr,.
<br />and the respective successor or assigns of such parties.
<br />In Testimon# Wheraof ` We, the foregoing named partiesiA hereunto
<br />set our hands this 24th-.1, day of September 1919.
<br />JOE A. LUTHER
<br />CITY OF SOUTH BEND, INDIANA
<br />G. A. ELLIOTT contractor.
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