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Public Improvement. Contract.
<br />THIS AGREEMENT, wade and entered into -this, v* c* 44 016-0 » v *aay
<br />19...., by and between J. A, Barnes
<br />of is Ot t�...... 6 0 * 14 J*O* * *0..... and State of...... ... I d it$r;$ .: # .....:.......... ,
<br />thorn wtax; referred to as the ` `Gontractar' s) , and the City of South Best, I
<br />!the 00 of St. Joseph, and State of +' Indiana, by and through its Board of Public
<br />(horo re+rred to the . Cty4 a under and by virtue otf
<br />'ohs %Aoral Assetlt of the State of Indiana, entitled `*An Act ConeorningM $01.
<br />10orporationaI,' * approved Maxch fi, 1905, and all amendatory �suppUzentAIL
<br />_
<br />V.Titne,sseth_, that the contractor covenants and agrees to
<br />construct grade, curb and walk on Randolph Street from Caroline Street to
<br />Robinson Strept, in the City of South Bend, Indiana at the following
<br />prices: .
<br />1140 lin. ft. of curbing per lin ft................45
<br />5200 sq. ft. of cement walk per sq. ft............ .18
<br />403 Cu yds. of grgd3.nc- per Cu* yd................ .75
<br />a to perform all work in the prosecution of said improvement under and according to the tertne vA con.
<br />ditions of Improvement Resolution Iwo..-._11 ____ adopted by the Board of Public w9r�l,,,.."X:i1 4,1923
<br />and the plans, profile artd specifications on file i4 the of&ee'of the Department of .Public Works, whilih sal
<br />resolution,_ plans, profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set; out herein at full length.,
<br />T'he contractor further'expressLy covenants and a_gTees .that in the prosecution of said work- all proper
<br />skill;aud care ->011 be exercise3; tli^the - ''_I t ~on F �` .c: all excavations and dangerous places,
<br />and +; i'1 use: all due and proper pr ca,itiorr tc ry person or p-c .arty; that in the evr-zit t>f,
<br />any injuryor darria.ge resulting from the v �.` or r� t1 t^ front a-v *ratter or thin- connactecf therevvith or
<br />Arising therefrom, to any o property, he 11 raw arm lin tidate the same at Kis owxi expense, and as-
<br />sut ie the ha iIity therefor; and in the event 3f any c➢.a:ra or claims being made or any action or actions beintr
<br />brought akiltist the city'by y reago* or on account of or grotvipg out of s� id worlr or its construction, he say
<br />contractor will at his owti txpente defend the same, and will pay any judgment recovered therein, an , will in
<br />all i'espict$ `fully indem y and save harmless said city, its officers, agents or representatives from all cost,
<br />ta.pense, payment or ju ment'recovered in connection with such claim or claims, action or actions. And #
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />thin any judgment rendered against the city shall be conclusive against the contractor and igainrst the surety
<br />on his construction bond, as to th amounU liability and other matters pertaining thereto,
<br />y na the contractor agrees to maintain said improvement ai. J t.ta t su it
<br />the period and in the manner as fixed by the specifications, and to secure the in'anntetiannc-e, and repair ' _ ;;
<br />to file with. the Board of Public.—Works<a bond with sufficient surety thereon and in an amount a% fixed by `'.
<br />opeI ifieations. And in doing such repair work the contractor and the surety on his smaratntee l owd shall 11
<br />sitbject to the'same liability to the city and any other person for any injury or damage to .any peril .nn of pro a=
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering $lie cq_i
<br />;atruction work:
<br />And it is._ further agreed by and between said Tart?.-s that the acceptance of the work providod f.®r 14 Vt T3
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city .oan-iy of the provis-
<br />loans- Of this contract, nor shall it release said contractor or the sureties on his band for the faithful. peffor;n=
<br />ante thereof; nor shall the acceptance be prima facie evidence of the performan ce of any provision of tlu
<br />Contract, 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 or furnished to be used in the making of
<br />such improvement and in the performance of this contract, whether dove or furnished for hire, or his agernt,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estittnate
<br />in favor of the contractor or 1 assigns, or put of the amount due him or his stssigrns upon the completion
<br />of the work, so much as, mad-.cessary to pay all laborers or snaterias mean for stnsounts dim them for
<br />work done or materials used or furnished to be used in the performance of this contract wid the doing of
<br />said Work, and the county treasurer, acting as city treasurer, may retain money rol;e=ted from property
<br />owners assessed for said improvement to pay such debts or until the contraczef shows that they hava beece
<br />paid or satisfied
<br />l:fe co :t--a' 'o:- agrees to remo--e all rubbish. earth, and unused.tnaterial in the streets +Efr sides therea
<br />upon the completion of the improvement or the rA*airing thereof.
<br />The work of making such improvement shall be completed according to the terms of this contract on or
<br />before the - - -- --- --.- dab of _� _ ..... �- .-......,..._....., I9....,:....,
<br />unless the time for the completion of the same shall be extended in'writing by the Board of Public WV 7 _s;
<br />And it is agreed that any 'such extension,of tune, or any alteration of this contract or of the ma_ nervr meth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor orahis sure-
<br />ties.
<br />It is agreed that the contractor shall not assign this cfu tract. or sub -let the work or' any part thereof to
<br />be done hereunder, without the written cons mt of the Board of Public Works.
<br />ft is further agreed and stipulated that t$e contractor shall give to residents of said city ar_d county
<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 upon the performance of alI the terms and conditions of this contract, and things to be done and
<br />performed by said contractor the paid.6ty agrees to cause the cost of doing such wdrk to be assessed, cUl-
<br />lected and_ paid.to said contractor in the manner fixed by the statute govmming. the making of such improvers
<br />iMeants.
<br />To sash of the conditions and stipulations of this contract, including all and si bgular the provisions and
<br />tersus of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or 4tself.
<br />and the reepeetive,successor or assigns of; such parties
<br />TN. Testimony Whereof, Wei the fgregoing named parties, hereunto
<br />set our .hands this '28th. day of May 1923,
<br />CITY OF SOUTH BEND, INDTASA. J. A. B,4R TES
<br />L. B. SLAUGHTER Contractor.
<br />L. P. HARDY
<br />AL,BERT F. HONER
<br />Its Board of Public Works.
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