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Tuesday May. let.,IcIP-'3. Continued.
<br />PUBLIC IMPROVEMENT CONTRACT
<br />This Agreement, Made and entered into this 24th. nay of April 1923
<br />by and, between H. ,.N. Barnes of the County of St, joeoph and State of 'Ixtdiana (hereinafter
<br />referred to "as the. " Contrravtor" ), and the City of South Bend, in the County of Ste
<br />Joseph, and State of Indiana, by and through its Board of Public Works (hereinafter- referred
<br />to as the " C ter" ),, ender and by virtu_ a of an Act of. the General Asee�bly of the. -State of
<br />Ind:km o entitled *,An Act Conderning linnic$pal ` Cor6rd ►ioni --*'-approved March 6919050
<br />and. all amendatory and supplemental acts theretos
<br />Witnesseth, that the contractor covenants
<br />and agrees do construct grade, :curb and walk on otsego Street from Pokagon Street to
<br />Ange lls Avenue, in the City or South Bead, Indiana at and for the following prices:
<br />504'lin, rt.-of curbing per lin'ft....,.........$.40
<br />2520 sq. ft. of cement walk per sq. ft.............16J
<br />2402 au. -yds . of grading per cu., yd..... , ..........60_
<br />and to perform all work in the prosecution of said improvement under and ace
<br />ording► to t?neetts and Stan«
<br />ditions of Improvement Resolution No. -_ I nQ8 .,_.__= adopted by the Board of Public Worke:.......FA.ks-2 » 1923 a
<br />and the plans, profile and specifications on file sn the office of the Department of Public Works. wh{cit Bsi resolution, plans, _profile and specifications are made a part .hereof as fully and effectually ss if- copied and
<br />set out herein at, full length.
<br />The contractors further expressly covenants and agrees that-Jfi the prosecution of said *ork all proper
<br />skill and care ,-,ill be exercised; that he :v'a op a- 3 F t a 1 excavations and dangerous places, and will use all due a.r.d proper precaution tc or_ � * ,njrl-y + y Ary erson or r,. that n r
<br />p`c�'- `y. ; . e event of
<br />any injury or damage resulting from the g*^-' or re��1s';i front n Rv matter or thing connected therew�i4f,, or using therefrom, to any perso or property, he 77'11 rav ar'.-iC_r!_idate the same at �is own expense, :anti as sume the liability therefor; and in the evert of any clam or claims being made or any action or actions being
<br />brought against the city by reason or on account of or grptving out of s,�:'d worse or its corlstruction, thQ sa.s�l
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers; agents orlrepresentitives from all cost;,
<br />expense, payment, or judgment recovered in connection with such claim or claims, action or actions. And 'f
<br />withhk ten days after- any such action is begun, the city shall notify the contractor of the pendency ther��)f,
<br />fhrn any judgment rendered against the city shall be conclusive -against the contractor and against the surety
<br />On his eonstruWou bond, as to th- amount, liability and other matters pertaining thereto.
<br />Of aXxecs -to mxiizifain said improvezz eztt a;.d ,.rak:e such p , ar`Fs as may he necessary :..
<br />d and in the nja=er " fixed by the sr"` fi fion� &ad to secure ft �azntenanc nd � ai thereof
<br />t@ With 64 13:*`d of Public Works a bona w;ghh sta�6ent sItx-t ty thmorA tt124 in ao ?l� loAt �g b. he
<br />'n doing such repair work the dontractor aratl ache sit t + � g>�el ltte� -1 iLbe
<br />axtnb .lability to the city and any other person for any tAJuty, dr ��op_
<br />efty in the saute rttatttter and to the same extent as is fixed in the last ��lialg �h i"Veri the o-wi-
<br />ifit: #900ft work,
<br />Xid it is farther agreed by and between said TirJ.�s that the acceptance of t�e want )Vid d for Ili tth
<br />tfaet, Or the payment thereof, shall not constitute a waiver o:t
<br />the patt (if 10149 Of this Mtract, not' shall it release said contractor or the surctlea nit his b lld for the f� tht� ��a� �f a
<br />kh@@ thereof; nor shall the acceptance be prima facie evidence of the performts.1 ce of atiy 1dVi®{fib rt leis
<br />@Untract, except. to the extent of entitling the contractor to the contract price therefdt,
<br />The @Qntractor a rees.to pay for all labor and materials used or furnished to be ;dyad ilt the thakiffff of
<br />Mh itnpravetttCht and in the performance of this contract, whether done or furnished �ftfre
<br />r him, rat his
<br />ift 6§619 M, 8ucceasor:1or sub -contractor; and the city may reserve out of any sllowati!ee fng.da rlls� �li� ��i> ttt�
<br />facer of the enntraetor,0rfil- assigns, or out of the amount due him or his asebigas Upon the �In i fi
<br />Of the work, se much as may �cessary to pay all laborers or matesi8tt }nest >C Afflotinto dlfe theta i
<br />w� don, or inateriasis used or furnished to be used in the performance of thij C"ttaef abd the
<br />Mid worst, and the. t*unty treasurer, acting as city treasurer, may retain amney 4&3;b ysd # f'
<br />_ ewlaora hasesscd br sapid ungrovement to gay such debts or witil the conirstetey ihM# tMt a"it,
<br />paw or aaaaad*AW
<br />l: e coat: a .o~ag<ees to kemo• :e all rul-(Dish. earth, and unused mattrial itt the stre@ts or odes ther",
<br />upon the completion of the improvntncnt or the repairing thereof. .
<br />The work oi? making such improve -lent shall be comp'-eted according to the terms of this contract on of
<br />before the - = = ----- ----- __. -day of _ _..: _ _._.._..-.:......�.....�. 19..........E
<br />unless the time for the completion of the sar-7.e shall be extended in writi--g by the Board of PAI;c'Works.
<br />And it is agreed that any, such e_:tenGion of time,
<br />ties. or any alteration of this contract or of the manner or meth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his, sure -
<br />it is agreed- that the contractor shalt not assign this cp: f-ract, or sub -let the iii►ork or any part thereof to
<br />be done hereunder, withotit the written consrr-t of the Board of Public Works.
<br />It is, furtlier agreed and stipulated that 06e contractor shall Ove to residents o€:said city and comity
<br />preference, in the employment of all labor necessary in the Performance of this contract, and failing to do so,
<br />"I forfeit to the city the sum of ten dollars for each failure to chserve this stipulation.
<br />And tipon the performance of all the terms and conditions of this contract, and things to be done and
<br />rforsned 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- is theffi�*' the statute governing the making of such improve-
<br />cnts.
<br />To each 41thoconditions wA oftact, inChk ng sit and singular the provls,ons and
<br />i j=. J"� 9(0resaK ti 0Indctegned binds $isnscif c; itself,
<br />64 the tr"fin sucemor or asstg" 4 stseWs"ere.;
<br />In Testimony Whereof ire, the f . hal�>l ennt<o
<br />set -our hands this 24t h. dW ate' ApVff y
<br />r -
<br />'CITY OF SOUTH BEND INDIANA.r
<br />-t rooter -
<br />BY. L. B. SLAUGflT
<br />L. P. KAM
<br />ALBBRT Fe HONERS
<br />Its Board of Public Works.
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