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The following bonds and contr
<br />PUBLIC IMPROVEUENT CONTR
<br />is were approved by the Board.
<br />T.
<br />THIS AGREEMENT, Made and entered into this 5th. day of November 1919
<br />by and between H. N. Barnes of the County of StIl. Joseph. and State of Indiana
<br />(Hereinafter referred to as the " Contractor"),j and the City of South Bend,
<br />in the -County of St. Joseph:, 'and State of India A, by. and through its Boardof
<br />blic Works, (hereinafter: referrred` ,to as the "I City"), under and `by virtue of 'an
<br />Act of the General Assembly of the State of Indiana, entitled " An'Act Concerning
<br />Municipal Corporat ions, ' " approved Marcli 6,19051, and all amendatory and supplemental
<br />acts there' for w °
<br />Witnessetb that the contre.ctori covenants and agrees to construct
<br />concrete pavement on forth Shn*e Drive from Mic�igan Street to Leeper Avenue, in
<br />the City of South Bend, Indiana, at and for the `allowing prices:-
<br />121 cu. yds .. of grading per cu. ! yd .... , . , .l. 25
<br />1.
<br />8 inch conduit pipe, per lin.: ft ...j...... , .... .80
<br />2 inle'rs. reset, eaci........... .3.00
<br />Margfinal.icurb per lin_Ft....... ..,...... .30
<br />- 640 sq.. yds.` of 7 ;° inch c oncrete i per aq. yd..... 2.00
<br />a�eimi.wsectionfptoyenaextt underrdfD-lta8l't4�
<br />ditfons :of unproven ..... �p - t th.
<br />t ad0 to l8. 0ara zT . ?;a 9
<br />� d the hs, profile and ns on � in the office of ;tint �% �@ �1►M&wit Awl
<br />tea.
<br />resolution, plans, ramie "ors ire made a lrt he eta and ectit�i1 �1
<br />lei out herein at uli - i
<br />The cori tor: n.enants an t` agrees -that in a e. rosecntlan du id @ #1. 1 @l
<br />Bklil ar�d ' aa� l ,' �e � p ay: arr< u _l €a l@ng'>l d i l°�tlli
<br />and ���i11 use all duee ►=^3 prezAa ition to pr v ;t �nl try #o �1'y Baer r a !hilt lit Q R12
<br />ar►y'ir�jlx�'yor ama ves g"from theu,orl or miiI �+ fro » apy +..^tmr gt'- hlit 13ti �t sl'@ 1 `®1`
<br />erisirig therefrom, to'anir pers�n::or property, be ix^11 na at..d � e,Eidate
<br />sume the liability there`for; aitd in the event of any c1, 1m Qr ci n,$ helm; ,dc .or all Mgt s a t4�fig � i
<br />brought against tile city',lsy reason or on-account.of r roIvif ®ut ®# �a Ivor Tis @n tl' r fl6it� tea # -
<br />contra.ctor will �t his -ow, expense defend the same, and will coy iuditn"t,r@covered t �r�llt, hod jlj lfi
<br />all respects fully indeixtriify and save harmless said city, its 6erss a�ente er rep�espfitatim frd�
<br />eperise, payment or judgment recovered in connection with s chlsiiri ®r rlal�,` died or dtl®€fill,d i
<br />• within ten days after any °such Action is begun, the city shall - otify the contractor of the pin rn th
<br />tbtn any judgment rendered against the city shall be conclusiv sgatnst the contractor atid_a ilt6ii .� iRi'E�l +
<br />on hin cmistruction-bond, as to tb atmoulit,Jiability and other artf,*DIRK tbef-et€i,
<br />It'lid the coi)rractor agrees to maintain said imprO 02iient a .,d make such repairs as 21 ay. j3e necessary for
<br />the period and in the manner as fixed by the specifications, and to secure the maintenance end repair thereof
<br />to,file with-1he Board of Public Works a bond with sufficlen, surety thereowandin an amount.a4,Axed by th4
<br />Specifications. And in doing such repair work the contracto .and the surety en ,hisuarantee.iond shall b�
<br />subject to the same liability to the city and any other pperson or any in3ury'dr damage �tgan��erss�n or .prop
<br />erty in the -same manner and to the same extent as is fixed in the -last ptecedin paragraphltovering the con-
<br />struction work.
<br />And it is further agreed by. and between. said parties thai the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a 'waver on the part of the cit 6 any;of the ptvvisA
<br />ions of this contract, nor shall it release said -'contractor or t e sureties on his bond -for the ith faithful pet`iorl-i"
<br />ance 'thereof; nor shall the acceptance, be prima facie evid nce of the perforrnpnce 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, hether done. or finished for him, or his -ag�ent�
<br />° 'assignee,_ successor or subcontractor and the city may reserve out of any allowance made ®ii rind► estimate
<br />in favor of the contractor or assigns, or out of the aino nt due him or his assigns upon :the completion
<br />of the work, so much as ma •cessary t6 pay all laborers or materia, men for amounts . due them for
<br />work . done or materials used or Lurnished -to be used in th perform ance of this _contract and the doing of
<br />said work, and the county treasurer, acting as city treasux r, ma retain money Coll ated from property
<br />owners assessed' for said improvement to pay such debts or .i, ,1 the cons rt+rtr r shows thp.t they have been
<br />paid pr satisfied ,
<br />1 _e cone -a- c:* aQrees-to retno- aJl ru!)�=sa, earth, and inused material in the streets or skies
<br />upon the completion of the improvement or the repairing thereof.
<br />:The .work of maki{tg such - improvement -shall be,com•'pLet d according to the terms of th$s contract on or
<br />before the ---'------------------------
<br />unless the time for the completion of the sar-P....................................."' •----••., 19,.........,
<br />i3 shall be exte ed in writing by the Board of Public Works,
<br />And it is agreed that any such extension of time, or any Alteration of this contract or of the manner or meth-
<br />od of doing such work shall in no way, affect the d
<br />ties. ufies, oblig tions or liabilities of the contractor or his sure -
<br />It is agreed that the contractor shall not assign this contrict, or $nb-let the work or any part thereof to
<br />be done hereunder, witho•: t''the written co:s.:7t of the Boar of Public Works.
<br />It is further agreed a :d stipulated fhm t t - _ :contractor all give to residents of said city and county
<br />preference. in the employtn<_nt of all labor necessary in the p rformance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failnr to observe this stipulation.
<br />upon the performance of all
<br />• And"the terms andconditior s of this 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 assessed, col-
<br />lected and paid to said contractor in the manner fixed by the sx
<br />wents. ' tote governing the making of such improve.
<br />To each of the conditions and stipulations of this contract, including all and singularl the provisions and
<br />terms of the plans, profile, specifications and resolution aforesaid, the undersigned binds hi5.:se1f or it!; lf,
<br />and the respective successor or assigns of such parties: -
<br />
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