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124
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGREEMENT, Made and entered into this 13th.9 day of August
<br />1919 by and between H. 11. 11arnes of the County of St. Joseph.and State of
<br />Indiana, (hereinafter referred to as the " Contractor"), and the City of
<br />South Bend, in the County of St. Joseph, and State of Indiana, by and
<br />through itq Beard of Public Works, ( hereinafter referred to as the " city*),
<br />ender and by virtue of an Act of the General Assembly of the State of
<br />Indiana, entitled ".An Act. Coneeruing MunicipalC+orporations, " aproved
<br />March 6,1905, and all amendatory and supplemental acts thereto:
<br />Witnesseht, that the contractor covenants and agrees to con-
<br />struct trade , ,.curb_ anal walk on Vassar Avenue from Cleveland Avenue to
<br />Lawndalex Avenue, in the City of South Bend, Indian& at and for the following
<br />p�rftEes:-� R
<br />148 .lix. Peet of curbing per lin Ft....!........... ,32
<br />23 cu. yds. of grading per cu. yd.... 1........... .621
<br />2970 sq. ft. of sidewalk per sq. ft....I............ .14*
<br />w _..� ad�t�ei tsr �•- :,� ;:�aa:•=
<br />�W,ions on file the �frft
<br />iN _ �@,gIy 0®�"f®yf ({�$rOfit�f,,� specifications are made a part #terms
<br />'T44 044to' further expres€1p covenants and agrees that is t.1%
<br />all el4eat4&ti�A� -
<br />�>�
<br />on �`3f'i �$f ?•;l due �'�'d proper r��,.,:,+ion to or�v_�t 3'21L_ *°) an rsert �r '�� �
<br />p` • A '`3' y P it pry i that -1 'Rt
<br />�r d ela• a resulting from the v,o 41
<br />or resF?�'��g front a.«y .,a.tter or thl. 0011 r4 FO ihoraWit . 01
<br />�# thorefrom, to any perv�-i or property, he �,T,11 pay art hiquidat the game at is own 44poh9q, K"d sl
<br />�p hs 194bility therefor, and in the event of any claim or claims b. ng glide bra ackiorl or bgtl� � a
<br />� 1 i alllst the City by reason or on account of or growing out f 14.id worU orItl ggngtVt1qtI t l #
<br />I lekko will at his own expense defend the same, and will�ay any udgmcint recovered t11o13cih, R - i i
<br />1. li11048fi lolly indemnify and save harmless said city, its officers,dents or reprsBCfltitiy�AaM #11 @not
<br />Wit011041 OR MInt at judgment recovered in connection with such el im or claims, action of aptl N, Aid
<br />h � aye after any such action is begun, the city shall notify lie contractor of 60- pC dor-ey f1'� tho uhy iudiwont rendered against the city shall be conclusive agai t the contractor find awalfw i � A
<br />f A WDIUMQ1.ioh band, as to tb. zmount, liability and other matter pertaining therm,
<br />And the car.:ractor agrcas to mazzitaln said 33Tl;.rO �..i:_ at a_. ...` c_% such repalrg_ as W41, w3 nece*s- 1�#.' {.
<br />the period and in the ma3:ner as faxed by floes ciiica*ions, aaid to se re tite mainterm act aµ -id pepair tnertcgl
<br />to file with Vie Board of Public Works a bond with sufficient surety thereon and in an vanount lts fixed by the
<br />specifications. And in doing such repair work the contractor and tb a surety on his guarantee bond shQ.,l Ia
<br />subject to the same liabiXty to the city and any other person for any mjury or damage to any per s—n or prep
<br />erty in the same manner and to the same extent as is fixed in the las preceding paragraph covering the eon.
<br />struction work.
<br />And it is further agreed by and between said parties that the acceptance of they work provided for in this
<br />contract, or the payment ther=-of, shall not constitute a waiver on the part of th : city of any of tht prov 9-
<br />ions of this contract, nor shall it r:lease said contractor or the sure ies on his bon'd for the faithful perfory.-
<br />anee thereof; nor shall the acceptance be prima 'facie evidence of he performmneq of any provision of this
<br />Contract, except to the extent of entitling the contractor to the con tact price therefor.
<br />The contractor agrees to pay for all labor and materials used o 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. _sset,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made',orr arty estimate
<br />in favor of trhe contractor or = assigns, or out of the amount due him or his assigns upon the cor*- etiaty
<br />of the work, so much as ma- cessary to pay all laborers or m teriai risen for amounts due them for
<br />work done or materials usea :.r .ur'nished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, ma, retain motley eo1L,ted from. property►._
<br />owners assessed fer.said improvement to pay such debts or until t e. contractor shows that they, have bea
<br />uaid or satisfied
<br />1 e co- :,.'% to remo- . n1l ru'-'Ysn, ear*h, and un'.^,e material 3n the stre As or 61;a,3 i.'::.,i•<sy�
<br />moo. _._o l
<br />upon the completion of the impro,mcnt or the repairing thereof.
<br />The work of ma.kingsiich improvement shall be completed acc rdirgg to th e� s of this contract on or
<br />before the.......................1 t1ft.......--............. ... -------------day of............. -_ Y:it § .4 .1§ ........... ....... 19........... .
<br />unless the time for the completion of the sane shall be extended in, w:it ~.g by t, a Board�of Public Worl s,
<br />A.-d it is agreed that any such extension of tim4, or ar.v alteration o t;is contract or of the manner or meth-
<br />,od of doing such work shall in noway affect the, duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor Ghall not assign this contract, o sub -let the work or any part thereof to
<br />be done hereunder, withott the w:it-'en co _s-.nt of the Board of P blic Works.
<br />It is further agreed .and stipulated t°hct foy. contractor shall ve to residents of said city and count}
<br />preference in the employment of all labor necessary in the perfor; ante of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each failure to o merve this stipulation.
<br />And upon the performance of all the terms and conditions of his 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 statute governing the making of such improve-
<br />ments. .
<br />To each of the conditions and stipulations of this contract, inclu ing all and singular the provisions and
<br />terms of the Flans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself.,
<br />pr:3 the respective successor or assigns of such parties.
<br />IN TESTIMONY WH EREOP, We, the Pore ping named parties, here-
<br />unte set our, hands this 13th.9 day, of August 1919.
<br />CITY OF SOUTH BEND, INDIANA. HARRY N. BARNES
<br />a #.tyEFRQST IISEB Contractor,
<br />JOHN F. DEHAVEN
<br />Its Board of Public Works.
<br />
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