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Theo'llowing bonds and,contracts mere approved.
<br />PUBLIC DAPROVE14ENT CONTRART.
<br />This Agreement, Made and entered into this 13th. , ' day Of
<br />August 1919 by and between H. N. Barnes of the County of St. Joseph,.
<br />and and State of Indiana (hereinafter referred to the " Contractor"), and
<br />3 . the City of South Bend, in the County of St. Joseph, and. State of Indiana,,
<br />by and through its Board of Public Works, (hereinafter referred to the
<br />" City"), underand by virtue of an Act of the General Asseably of the
<br />State of Indiana, entitled " An Act Concerning ll�unic ipal Corporations,"
<br />approved March 6,1905, and all amendatory and supplemental acts thereto:-
<br />Witnesseth, that the contractor c venants and agrees to
<br />construct gr&de, curb and walk on Lazumdalo Aven a from Vassar Avenue to
<br />South line of . Vassar Bark Add. it ion, in .-.be city of South .Bend, Indiana.
<br />at and for the following prices:
<br />193a tin. ft. of curbing per tin ft. ....... .3P
<br />cu. yds. of grading -per cu. yd........... .t2
<br />lf
<br />9205 sq. ft. of sidewalk per sq. ft............. t1
<br />and to perform all work in the.prosecution of said improvement under and recording to the terms and cu;t-
<br />%'f ditions of Improvement Resolution No...._.,.... _--_-.--, adopted by the Board of Public Works
<br />and the plans, .............
<br />p ,profile and specifications on file i 1 the office of the Department of Public Works-, wh+ch said
<br />resolution, plans, profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />Tl'e contractor further expressly covenants and agrees that in) the prosecution of said- work a.il proper
<br />skill .a d care 1 b d; exerciseth the d p:: `* all a �ava�ions rd dangerous lac®s,
<br />and 1 use c11 die --d p-•oper pr,2ca-ifion to pr_ l2nt irjui yr
<br />s `7 ,,t'v per=0n Or p
<br />t., any inJury or damn.ge resulting from th—_ -vv,)r` or res l+,- from - Y r-:tier or thi�;a t er 1eTs'f• r
<br />arising therefrom, to any pers— i or property, he V 11 ray and lic;:nd to the sane at own etippnse. a l or
<br />sume she liability therefor; and in the event of any claim or claims teing made or any action (� actions b ry
<br />bre tght against the. city by reason or on a.ccouiit of or rovt:in out said v�or'- or its cons} +� sr Z g rticti
<br />contractor will at his own expense deferid the-'samr. and will pay an) judgment recovered the sin. a .,i-i i;i
<br />1 all respects fully indemnify and -save harmless said city, its of kers,agents 'or representatives. from ah
<br />expense, payment or judgment- recovered in connection with such claim or claims, action or. actit�°s, -A,sd f
<br />within ten days. after any such action is begun, tha city shall notify the contractor of trio peaerecy flier {,
<br />tli�tn any judgment rendered against the city shall be conclusive -against the contractor and agairasr; s ttet ti
<br />sir his construction bond, as to th 'mount; liability and other mattes pertaining tiiezeto,,
<br />And the contractor agreas to maintain said inpro cr... nt ar-O m r.e such -repairs as may be necessary
<br />y- y t,;r
<br />the period and in the -manner as fixed by the snecifica'ions, and to secure vile maintenance and repair thereof
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an amount as fined by ilia
<br />specifications. And in doing such repair worli 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- perslr.n 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 this
<br />Contract, or the payment thereof, shall not constitute a waiver on the part of. the city of any of the provis ioixs of this contract, nor shall it release said contractor or the sureties on his bondfor the faithful perform;-
<br />iucC thereof; nor shall the acceptance be prima facie evidence of he' performance of any provision of this
<br />contrast, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and ,materials used o furnished to be used in the making of
<br />"ch improvement and in the -performance of this contract; whether done or furnished for him, or his agent,
<br />816494ee, successor `or subcontractor; and the city tnay reserve out. of any allowance made on any estimate
<br />in favor of the contractor or_t'= assigns, or out of the amount due him or his assigns upon -the completion
<br />of the work, so much as zna- cessary to pay all laborers or m teriai men for amounts due them for
<br />work done or materials-Vseu .urnilshed to be used in the perio mance of this contract and the doing Of.
<br />said wore, and the county -treasurer, acting as city treasurer, may retain money collected from property
<br />owners'assessed for "said improvement to pay. such debts or u
<br />paid or itatisfied ntil a contractor shows that they have been
<br />a rP _ e^. t remc; ail rt� _=sin, ear h, and um-sed natei,ial in the stn ,ts or sides
<br />ixpon the corripletinn of ,the lmProtTwm:nt or the repairing thereof.
<br />The work of mm!tir_g such improvement shall be corlpleted acco ding to the terms of this contract on or
<br />beforethe ................. ......:� ............. _
<br />ur'ess the time for -the cor. ple.ion of the sane shc'li be extended in ri*:.; by the Board of Public Wort-s,
<br />Arid it is agreed that any such eaten=ion of tinne, or ary altera`ion of this contract or of the manner or meth-
<br />od of doing such work shall in no way affect the dutie$, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />' It is agreed that tlie'coiitrsctbr'-
<br />sliall not assign this contract, or ub-let the work or any part thereof to
<br />be done hereunder, without the .ain't en co:; of th; Board of Pi' lic Works.
<br />It is further agreed and stipulated that *'� contractor shall gi, e to residents of said city and county
<br />preference fn°the employment cf all -labor necessary in the performa tice 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 t is contract, and things to be done, and
<br />perfbr,med' by said contractor the said city agree.9 to cause the cost of doing such work to .be assessed, coi-
<br />• lected and paid to said contractor in the manner fixed by the statute g overning the making of such improve-
<br />ments.
<br />To each.of the conditions and stipulations of this contract, includ ng all and singular the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, tiZe undersigned binds himself or itseilf,
<br />r.rd the respective successor or issigns of such parties. j
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