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517
<br />Continued. a
<br />ITlIES'S our hai-As and .. 1., th om,.. 1st r
<br />... ..,,.,
<br />3ARTFORDwA-0� . T..-�A11Ia-� BE 1
<br />COMPANY
<br />C 4
<br />.
<br />The above bond approved this ..... _241,h�� . d cf,.o... October 1922, 1•) ......
<br />L. P. HARDY '
<br />Board of FuJurIc IPr®rr 94
<br />PUBLIC IMPROVEMENT CONTRACT
<br />T}ais Agree ez i,,_Made_and entered into this 21st. day of 0 ctober
<br />1922 by and between H. Ni Barnes of the Count, of St Joseph .and State of Indiana,
<br />(hereinafter referred to as the " Contractor"), and the City .of South Bend, in they
<br />County of St. Joseph, and State of Indiana, by iknd through its Board of Public Works,
<br />(hereinafter referred to as the " City"),, under and by virtue of an Act of the General
<br />Assembly of the state of Indiana, entitled "- Am Act >irfx*k Concerning the Municipal
<br />Corporations,, " approved March 6,1005, and all amendatory and supplemental acts
<br />thereto:- -
<br />Witnesseth, that the contractor covenants anc agrees t construst
<br />concrete pavement on 1st, alley east of St. Peter Street, from Jefferson Boulevard to
<br />1st. alley north of Jefferson Blvd.-.. at and for the following prices:-
<br />82 cu. yds. of grading per cu. yd.1.20
<br />319 sq. yds of seven (7 inch) concrete per sq. yd,' 2.40
<br />and to perform at1 'tvorlc an the. prosecution of said improvement finder pant! accordingto. the terms and con•
<br />ditions o improvement ttes.c cation to :_la4b w adopted by ti a Board of Public Works.:..:_8 22�
<br />and the laifs, profile specifications n file in the office of the Department of Public. `Works. whheeh sa.t
<br />resoluti'n,,pians, rode ariil s 'cctfic s.tions are'.;nade a dart` hereof a fully and effeetuall sa i€ copied and
<br />set out herein mull' length.
<br />The contractor further expres:4- covenants and agrees that m the prosecution of safd -%cork all proper
<br />skill acid care �it1. $e exercxsb3 , kh the ri'1 p, pPPr� + - 1 1 o,-Ct alt excavations and dangerous places,
<br />aid-w0l use ati' due and proffer precaution to prey n t injury t°) .t y; person or p-oq� tv; A -at in' the,,event 91
<br />any injury or dam -age resulting from the w-)r'_ or res Ati^g fron -y rr itxer or thing connented therewith or
<br />-.�&Osing'therefr*, to any pees^-i or -property, he 1 11 pay,a.,,1 tic,-,idate the.qtne at his pwn expense, and ash
<br />sume the liability -therefor; and in the event of aria elalri or claims belle inade or any action or:actions, being
<br />brought against the city by reason or'on s.ccdunt of or grozvii g but of r�zd . work its construction, the said
<br />Contractor will at his own expense defend the same; and �;1i1 pay any judgment recovered therein and Will iq
<br />all respects fully indemnity and save `harmless said city, its q cers agents or representatives from all Post,
<br />expense, payment or judgment recovered in connecfioii v i such claim or claims! action or actions. And if
<br />v ithin,#en days after any such actio i'is begun, the city shall notify t-he; contractor f the pendency thereof
<br />then any judgment rendered against the city shall be concit.sive agdinst-the contract r And against the surety
<br />can his construction bond, as'to the amotint, liability and other anatte.,rs pertaining tLgeto.
<br />And the -contractor agrees to'maintain Said im rovernent and isjake Audi repairs `&,vay �
<br />fie ef- #ram in the �a>�n� as ft d, uy tlse sp~ cif cations, and to secure the n1aint nce and repair, her
<br /># # ii M , fsord of Public it "k"s a bond .v nth. si fliicicut surety thereon anal in &woupt as hied by ` l
<br />-And In doing juch repair work the c tractroY and the surety oh his juarantoo bond %hall li
<br />pv jj@pf i h@ 0#me 110.14lify to. the city and any other p" ersott for ate it�t#ryy©r �a�age to wai pgi=o` m Or Prop -
<br />extent as is fixet`l iu the lath precedi
<br />A+id it 4 titrlher agreed by and -between said partles that the ae�eptaueo of the word pto#idid f0Y iu this
<br />twitmefi pi- The payment tberc64, .shall not constitute a waiver on t#ie pr> of the city of ail of the ptovig-
<br />19ti$ t�f,fbk pot4TRet nor shall, it r;aeaae said contractor or thesuretka Ott hija blind for the. to thful pettot -
<br />gfi a thero@f ; o®r Aall the acce}rtance Vie; pprima facie evidence of the performance: ct limy proviillon at ON
<br />�pfAFRA3 @x�@gt tQ the extent of entitling' the: contractor to the contract rice th@eefct,
<br />`f'ha rwit.r .gtor a real to pay for all labor and materials used clr f Lir fine t® a: bad ill the m hjtl �t
<br />§46 impf oyr-.t1ioht an In the performance f this. contract, whether `dorie pr Urt}ia, ed. for him, of It i dgetttt
<br />i�iie@,1(t��Ai` +car atibGAtjtraetor; atltl fie 'city'-.., pp, reserve os3f. ' any
<br />ll. f 41P W Ntvontraetor or t,te assigns, or ouL of thi .amount titi�S itt er ` s. �tabigt:�l tip& the fampletidi
<br />f4f Nvori€i tia mutb-as.. mad �cessary 3o pay a k f aliorera yr, s ist�rii t lh for athatodo dtl4 theut
<br />wo 404e ear ate #a tiaecl .�r -iornisbed to 'fie iised in the perfora*iai" +oi thk toofraat "tho doing bf
<br />I l d t � r®t3rtt ;.trossuieis acting as -city;.: easurer, fstaist ei'c�t �+ svSa t tt®ru vtopet
<br />4i . etc �atirA� ll ltel~ ?d' xnprotterz�ent to pay such debts or OAgfie -
<br />t thou+ COO W01
<br />i -e- cc.to renio ait earth and lim sed ii6ierial in the streets or sides t oreut
<br />upon the completion) bf the. ,imVrovem tit car file repairing kberpo .
<br />The .work of meting such improvement shall be c6lieted a' -cord tic to the ter nis of this contract aa�t Gr
<br />before- the -.._.__;.. _.... _..... �......... �av n ,'... w ,..... .. ..,
<br />lI 1p
<br />unless the time for the compiet�oa of the sir e she be extended in wr g by the $bPrd�of Publ;c 'Wr�t'l�s,
<br />And it is agreed that any such eaten -ion of;timA, or :any alteratiotiof this contract or of the manner: or ivieth-
<br />ozl of doing such work shall in no way affect the duties, olligationsor'liabilities of the contractor or his sure-
<br />ties
<br />It is agreed that the contractor shall not assign this %i - r—t, at sun -let the work or any part, thereof try
<br />be done hereunder, without the written co lm of tl7e $ward of P :blrc Works.
<br />It is further agreed and stipulated that t%! contractor shall give to residents of said city and con4fy
<br />preference in the employment of ail labor necessary iq 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 stipulation.
<br />And upon the, performance of all the terms and conditions of this contract, and things to be done and
<br />rformed by said contractor the said city. agrees to cause the cost of doing such work „fo be assessed, col-
<br />cted and paid to said contractor in the manner fixed by the statute governing the making of such improve-
<br />a�ents. .. -
<br />To each of the conditions andrstipulations of this contract, including all and singular the, provisions and
<br />*errs of the plans, profile, specifications and resolution aforesaid, the undersigned bands libuself or itself.,
<br />and the �rt.-Tective successor or assig!as, of such -parties.
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