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The f of loci ing c mtrac t and bond was approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT,
<br />THIS AGREEMENTS MADE AND ENTEEED INTO THIS "5th. , day of
<br />August lM by'anl; betwe-;&n H. N. B4rne13 of the_ County. of St. Joseph, at&te of
<br />Ind lanaa,� (hereinafter referred to as . the Contractor"# and .the City ,�of <South
<br />Bend,. In the County of. St,. Joseph, Sts,te of ,IndUna,, by, en(!, through its Boar;
<br />of,Public Works,(hereinafter referred to as the," City"). untie"g and by virtue -
<br />,the, Sts.te of ,Indiana, entitled " An Act Cone
<br />earning Manic ipal Corpara_� ions, ". approved,,lt+iarich 6,1905,, and ull, amendatory
<br />and supplemental acts thereto:.- ,
<br />*itness bLt,. that the contractor covenants And agrees to
<br />construct pavement` i% alley east of St. Louis Boulevard from La Salle Avenue
<br />to: the Sat. alley north 'of La, Salle Avenue in' the C. ity of South ` B`erid Ind i€un
<br />at and, f or `the f of lao ng pr ices -
<br />51. cu. yd's' of grad higi per 'cu. yd.:.....
<br />311 sq. yda . of c onere,te pavement (711) par sq.y11i P_; OU
<br />and to p@rform all work in the, -prosecution of said improvement under and` according to the terms and, eon-
<br />d{ti<orti pf triprAveinent 'ItiPssol�ition I -To. _. �i1p: --. .. adopted by trio Board of Public Works:..F.a}� ,.a,, .9 i
<br />and the plans, profile sand ,or-zeifira! ions on Mein the Qffice of the Depa-tment of Public Works, which safa
<br />1'eoint4on, plans,p�o£tle and specifications are trip -depart hereof as fully and effectually as if copied and
<br />Not out herein .fit full length: - ,
<br />The contractor further expressly covenants ;and fi jzre s that in the prosecution of said work all proper
<br />6111and. care-,.-r1101 br exert and, +h the o ^,.� all excavations and dangerous places,
<br />Lt d a'7ia( �® ��1 dueItioil to Dr �'.. t�)nivz v in v person, GIr 1 * ?` •.'� t1hat in +l! event Q1
<br />s,n in�iit°y or d�,nir.�e re3ui':i�g}Srnz..t`�.» r re�111tt'� J from. a-y ,r.�tfer or thing �onrectPd therewit:% or
<br />arl1in therefrom, To any pert^i or nroo-rty, l7 11 F, a ,d i_icl �idate .tbe same at his own expense, and as
<br />stA t -he liability ther'tior, and in tl>e a pert of any' c. m or claims being made or any action or actions beirg
<br />brmight agrrl-t the city,.by,. reason.or on ocroliat of r growing out of s-id work or its construction, the said
<br />contrs.etot will; at his ow' n expenso &-Ni il: the same, arid v;riil pay any judgment recovered therein; and will in
<br />all relp®pis folly. indemnify and says iiarnless said a ty, its officers, agents or`reTfresentatives from all cost,
<br />eX¢eni , eztt Or, aagrnefir re�couered ri connection with such claim or: claims, action or actions. And:f
<br />withi:► set► ys after, any aiicl actloi t9 begun, the city shall notify the contractor of the pen�?ency ther^of,
<br />thimh any judgment reaciered ag�aitist the• city shall be conclusive against, the contractor and' against the Surety
<br />an lda construction bond, es to tf mount- liability and other matters pertaining thereto.
<br />And the gmcriktor agrees to ur_
<br />:�aair. Z.
<br />t a66d sad Its tlh�s Ouniner as fixed by the snPciSi` °fens, a�ui to secure i�je nzatRtenance and repair
<br />to with the Bird of Public Works a bond vi ith sufficient surety thereon and in an amount as h4ced by -
<br />#p@hilt&tiohi;, And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />6ubjoct to the oirn liability to the city, and any othe person for any injury. or damage to any per, to or prop-
<br />#rty in the game manner and to the same extent as is fixed in the last preceding .paragraph covering the eon-
<br />Btructicn work,
<br />And it Is farther agreed by and between said pa
<br />contract, or the payment thcrbof, shall not constil
<br />[oil# of this contract, nor shall it release said contrs
<br />ehc@ th@nof ; nor' shall the tccel.Aance - be prima f;
<br />santriet, except to the. extent of; entitling the conti
<br />The contractor ag�roes to pay for all labor and i
<br />such Impro4ement and in the performance of this cc
<br />a®@jglles, successor at subcontractor; and the city .'
<br />in #awls of the contractor or ' assigns, or out of
<br />Of the 3F 04t, ao Much as sna- cessary to pay a
<br />ww)A dose or materials uses► .arnistied to be i
<br />said itaA4 and the i.otittty %mu4%Arcr, acting as cit;
<br />%WV%r% aee@aaed tv said improvement to pay such
<br />paid a •atiadeel
<br />ies that the acceptance of the wont provided for in this
<br />to a waiver on the part of the city of any of the pro°v';®,.
<br />tor or the sureties on his bond. for the faithful performs
<br />ie evidence of the perlorn�anc6.of any provision Of this
<br />ctor to the contract, pricetherefor.
<br />a.terials used or furnished to be used in the making of
<br />tract, whether done or furnished for him, or his aK@ntj
<br />ay -reserve out of any allowance shade on any estimate
<br />he amount due him or his. assigns upon the ' @ompl@tl
<br />laborers or material men for amounts due them for
<br />ed in the performance of this contract and the doini of
<br />treasurer, may retain money colwted from property
<br />ebts or until'. the contractor snows that they hire W 41%
<br />r•-li, .and. U n-sed material in tile' strt its Ar sides th xaA
<br />upon the completion of the.. impro-em -it or the re airing thereof.
<br />The work of snaking s+irh improvement. shall b coim-Aleted according to the terms of this contract on or
<br />before the .......... :. 5th. �_ - - — Y of ---- --- - l�c>!Yemb_e_.3919 - .-: , 19 ...,
<br />- ...�
<br />unless the times for the corrple+ion'of the Asa*- c shd-1 to ex+ended in writ g by the Board of Publk Workks,
<br />And it is agreed that any such extenzion ,f tie, or iiv alt_era`ion:of tb;s cfnatract,or of the manner or'meth-
<br />od of doing such work 'shall in no way affect the duies, obligations or liabilities of the contractor or his Sure-
<br />ties.
<br />It is agreed that the contractor shall not a sir► this contract: or sub -let the work or any part thereof to
<br />be done hereunder, withot.+t trip _�i*.en,-�:o ,ttt of the Board of P;,blic`Works.
<br />It is further agreed and Co tractor shall _gi;he to residents of said city and county
<br />preference in the employm nt of ?:?l islor iiecessar iii the.performarlce of this contract, and failing to do so,
<br />shall forfeit to the city t1R saxn of: ten d-6 l`ars for Each faiiuyde'to observe this 'stipulation.
<br />And upon the. performarmt -of-_ 11 I the terms.an conditions of this contract;:a.nd things to be doneand
<br />performed by' said e..ontraetor -said eity:agree's, to cause the cost of -doing 'such work to be assessed, e,W
<br />ected-thd paid -"to said contract r-livkht, manner fikec� by the statutego�veriying the making of such isnprovct-
<br />meats.
<br />O esach Of the condstlong aril tipuiatioiis of this contract, including all and singular the provisions and
<br />tortes`.®f the Wit, profile-' ions anti resolution aforesaid, the undersigned binds himself Or'itself,
<br />:
<br />Slid the rtspcctsvo successor or assigns" of such palm, Ries;
<br />IN TESTIMONY WHEREOF, We the foregoing named.- part ies;,
<br />hereunzv set.; our' hands this 5th., day of August 1919.
<br />HAM N..BARNES
<br />CITY OF SOUTH BEND, TlMIANk. Contractor,
<br />G. A. PLLIOTT T4, Bp l rd of Publ is Works.
<br />t? 1L11lY7e? Td T1�r1fl�ATJ'/1� - .
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