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PUBLTeC IMPROVOM. T CONTRACT ,
<br />This agreement'. Dade and entered into this eth. day of May 1923
<br />by and between J. A. Barnes of the County of St. Joseph- and Stata of" Indiana,
<br />(hereinafter referred to as the " Contractor"),_and the City of South Bend, in the
<br />County of St. Joseph, and -State of' Indiana, by and through its Board of ,Public
<br />Worksl (hereinafter referred.to alb the " City"), under and by virtue of an Act -
<br />of the General Assembly of the State of .Indiana, entitled ":An Act, Concerning
<br />Municipal Corporations, " approved March 6*19059 and all amendatory and supple-
<br />mental acts thereto:
<br />witnesseth I that the contractor covenants and agrees to eons-
<br />struct grade, curb and alk on forth side of Donmoyer Avenue From Michigan Street
<br />to Fellows Street, in t.he- City of South Bend., Indiana at and for the following
<br />prices:_
<br />1410 lin, feet of curbing per lin ft.................$49.
<br />6670 sq: ft. of sidewalks per sq_ft................. .16
<br />652 .cu,. yds, of grading per_ cu. yd.... 0 0 @1 *Do
<br />axle: io perform all work in'the prosecution of said improvement under and aceordbW to ltle term and Wd..
<br />ditions of improvement Resolution No. 1127 ..:..5 adopted br the Board of public Works,. March 1 � 1923,
<br />and the p4np, profile and specifications on file -m the office of the lDepartment of Public 'Works, wltirh deli
<br />resolution,: Platte, profile Arid specifications are made a part hereof as fully and effectually as if copied rand
<br />set out herein .at full kngth.
<br />Thefurtherurther expressly covenants and agrees that in the prosecution of said work an proper
<br />skill and care i-iii be exercised; that he -!7:11 prop -• =u p 0, T— ail excavations and dangerous places,
<br />and will use all 4ue and pr,Doer precavition to praaa,t injury +o pry person or p-c^;r°y; that i t the event Of
<br />any injury or damage re$ul-s- 4 :from th.. ur�r: - or res-zltirg from a-y r• i.tter or thing con nentPd theCewitFi ®r
<br />ansing therefrom, to any pem, i �r property, he -r-11 nav ar lic,;-idate the same at ii5 own expense, afl.d as=
<br />sume the liability therefor; and in the. event of any clair.� or claims being made or any action or actions l�ir!g
<br />brought against the city Iy reason or on account of or grooving out of s id work or its construction, the saki
<br />contractor will at iris pwrt expense defend the same, and -will pay any judgment recovered therein, and. will in
<br />all respects ;+fully: incien nif apd snipe harmless saiagents or r
<br />d c t� its officers, epresentatives 4rom all cast,
<br />expense,:payment or ? e recovered in connection with such claim or claims, action or actions. And I
<br />,within teq clays after any ip4i o%Alts begun; the city shall notify the contractor of ti►e 44ndencV thereof,
<br />thin any judgment renders against the city sha(1 be concirsive against the contractor -and Against the surety
<br />on his,-consttutiion band, as;to- thr amount, liability aAd other matters pertaining Thereto.
<br />lid G L.,,; a., 02 agrees- o ma7ataln said iun ro,,,"r..cnt a_ _, w,-� su_h repairs as ma
<br />the period and in the manner as fixed by the sn?cifications, anrl"to secure the maintenaure p,nd repair Hier : a to ftic with Vie Board of Public Works a bond %viWsuflicient surety thereon and in an amount as fixed by .h,°-
<br />apecifcations.: Attd in doing such repair worn the contractor and the surety on his guarantee` bond shall be -
<br />subject to the sair;e liability to the city and any other person for any injury or damage to any pers�m or prop,
<br />cr4 in thesa.me manner azad"to the same extent as is fixed }nAhe last preceding paragraph covering the cots-
<br />st�•1�o#arni.t�ark,
<br />lollAnd it is, further agreed by and between said rart�es that the acceptance,6f tfle rk rovided for in this
<br />s contract'- ox the payment thereof, shalt not co_.stitute a waiver on the part of the city o of ir,s,g of tkiis, co„tract, nor shall it release Said ecnit_r<ctor or the sureties on his bond for the is thfu hperformg-
<br />s nor thereof; nor shall the acceptance be, prir;; a facie eti-idence of the performance of any provision of this.
<br />cc tf) xet, exccf)t to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees *o pay for all Tabor and materials used or furnished fobe used-ln the making of
<br />it?)P) 01rcrncnt and 'm the performance of tihise'ontract, whether done or -furnished for -Min, -or his agent,
<br />n115:4glace, successor or subcontractor; and fhe city may reserve out of any allowance made -,on any estimate
<br />fae V of the cnnniuc actor -, };z assigns, or out of the amount due him or iris assigns stpon the completion.
<br />of the work, so pluck as tna� or
<br />to pay all laborers or inateriai men for amounts .due them for
<br />work done ,or materials 'Used or _ furnished" to be used in the performance of this contract and the doing of
<br />Acid work,: and the counter treasurer, acting as -city treasurer, ria7- -retain inaney-cull+-.ted #roarproperty
<br />owner assessed for 'said improvement to pay such debts or ui,cil the contractor shows bten
<br />Laid or satisfied i�Y,,,•. £ors
<br />rend - a!! rt�'; :3i1• earth, and unnsed material in the streets or sides .thereof
<br />apon the can_p e'!on cr the improvem-at or the repairing thereof.
<br />befThe work of making such improvement shall be completed according,to the terms of this coatraet on or
<br />ore the ------- f + - - — - --.__---------------&v of----------------- !....-r------.--------- — 19-.._-_.....,
<br />unless the time +he completion of the sar-e shall be exterded in wr_ti_.g by the Board of Public Works.
<br />And it is agreed that any such eaten -ion of tip-e. or anv altera`ion of *his ccnt.ract or of the manner or weth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor shall not assign -this cor _ract. or sub -let the Work or any part thereof to
<br />be done hereunder, without the wriV-en cone t of the Board cF P-%, I;z Works.
<br />It is further agreed and stipulated th?t ` - contractor shall give to residents of 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 />shall forfeit to>the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upoii the performance of all the terms and conditions of this contract, and things to be done and
<br />performed by.said contractor the said city agrees to cage the cost of doing ssich 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 rents.
<br />To each Af the conditions and stipulations of this contract, including all 'and singular the provisions and terms of rite pla.Rs, "profile, specifications and resolution aforesaid, the uuderfigned binds himself or itself,, and the raTpeetive successor or assigns of such parties.
<br />j
<br />In Testimony Whereof, We, the foregoing named parties ,.hereunto
<br />set mur -,hinds this 8th. day of May 1923.
<br />JESSE A. BARNES
<br />City of South Bend,' Indiana. CONTRACTOR
<br />By L.'-B.. Slaughter
<br />L,. ' P , Hardy
<br />Albert F Honer
<br />Its Board of. Public Works,
<br />
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