|
io2
<br />Tuesday May 2nd., 1922. Continued.
<br />Ig 3.. f___.= ,s t d�-y of....._._..............3'..._..........,.. McM1�22,
<br />„DAVIS BY ti. &iluSO-N.. BY OD. ACCIDENT AND INDEMTTYct.
<br />OMPANY
<br />,��y
<br />C. Wtorneyin a
<br />,,
<br />C
<br />... May May 1922.
<br />L ...1P _ HARDY .............
<br />ALBERT - F- S4NF&�:.a..............
<br />PUBLIC IMPROVEMENT CONTRACT..
<br />This Agreement, ,Made and entered into this 29th. day of April 1922 by
<br />and between H. N. Barnes of the County of St. Joseph, and State of Indiana (herein-
<br />after referred to as the "Contractor ), and the City of South Bend; in the County
<br />of St.Joseph, and State of Indiana, by and through its Board of Public Works
<br />(hereinafter referred to as the " City ), under and by virtue of an Act of the
<br />General Assembly of the -State o." Indiana, entitled " An Act Concerning Munici al
<br />Corporations, approved March 6,1905, and all amendatory and supplemental ac s
<br />thereto: -
<br />Wit s ' the he c tr ct ve n s dares t rad rb
<br />and walk on BrooC e�treet from �erlo►nsreet©neogngyet,> tie City
<br />mf South Bend, Indiana,, at and for the following prices:-'
<br />1660 lin. ft. of curbing per lin ft..30
<br />928 cu. yds. of'grading per cu. yd. .45
<br />7700- sq. ft. of cement walk per sq. ft. .13�
<br />and to perforat all work in the prosecution of said improvement under chid ac ckw<%W to the tuvNa tt.aj it a
<br />931 A a 1922
<br />ditions of Improvement Resolution No. adopted by the board of Public W(,ka,. �ALp aQa • •
<br />and the plans, profile and specifications on file in the office of the Department of Public Works which A47
<br />resolution, plans; profile and specifications are made a part hereof as fully and effectually as R O'nPik Alld
<br />set out, herein at full length.
<br />Tlw contractor .further expressly covenants and agrees that in the prosecution of saki woY all 1)1(!(f f
<br />skill and care will be exercised; th t he - tl rronerly ,)r Or:d P�'Ot-ct all exce vatinns And dangerom 0lact.fi,
<br />and v�riA use all due and proper pr caction to nrevcrt iniury to :,r:y person or pronct'ty; that in r1,3 evd.tt o
<br />any injury or damage resulting fro t`Ze ur�r?: or res�?ltir.g frnnl s* y m :tray or tbirt;� nnnected tl1 inwiA ar
<br />arising't'l erefrom, to any pers-)n or property, he -,7•;ll nav ari i linmidate the same at his dtwl4 e�per+se, Orel. as;-
<br />sume the.liability therefor; and in the event of any claim or claims being Triads or any action or actions being
<br />brought against the city by reason or on account of or growing out of ^.id work or its conc.±ruction, &h> s ;d
<br />contractor. will at.his own expense defend the same, and .vill pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, �aYrnsent or judgment recovered in connection with such claim or claims, action or actions. And f
<br />within feu days after any such action is begun, the city shall notify the contractor of the pendency kher`=
<br />6 "_ any jamig-ment rendered against the city, shall be conclusive against the contractor and against the surety
<br />. �. pe`tainiszg thereto.
<br />:�'t l_is dC:lSirictroa ho-td, as � t)a" a-.*=+_G'2. ii3''i.'.is and o`;1v'r matters
<br />And the contractor agrees to maintain said improvement and make such repairs as mad -be necessary -tier
<br />fhe_pef0d 494 ifl the sftanifer es fined by the kpt-cifications, and to secure the maintenance and repair thereof
<br />to e with the Board of Public Works a bond with sufficient surety thereon and in an amount as Sxed by the
<br />fpeeffieations, And In doing such repair work the contractor and the surety on his .guarantee bond shall be
<br />rlubjeet to the malt lability to the city and any other person for any .mjury or damage to any pers,An or pr'
<br />arty In the same Manner and to the same extent a-. is fixed in the last preceding paragraph covering the cou=
<br />otruetion work,
<br />Aid It is further agreed by and between said 1 -.rt" -s that the acceptance of the work provided for In thi's
<br />contract, or the payment thermi, shall not c ,` to a waiver on the part of the city of any of the prov!A�,-
<br />le� , ®of this cctntl'dct, nor shall it release said c f `r)r or the sureties on his bond for the- faithful p@ripej i=
<br />F. !hereof, nor shalt the acceptanc• be pncr3 f�?:::•� evidence oz the performance of any provision of this
<br />contract, txeept to the extent of entitling the ccnti.ictor to the contract price therefor,
<br />`ll'he contractor agrees to pay for all labor and i aterials used or furnished to be used in the majdng of
<br />'such improvement and in the performance of this cwitract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor ; and the city may resea-ve out of any allowance made on any 40im-4
<br />in favor of the contractor or _1„ z assigns, or out of the amount due him or his assigns upon tire- completion
<br />of the work, so much as may ,cessary to pay all laborers or viateriai men for arnounto duc theta for
<br />V G& &ft *. natetiab Med or iuraiahed to be used in the performance of this contract and the 49ing of
<br />said wor14 ak 'tbe county treasurer, acting as city trgasurer, my retain money collticted from property
<br />owners assesuA��ir acid tsaprovement %o m stick debts or until the co_ttracter e4awrs that they. have hw,;d
<br />aiel or latialiwat
<br />The contractor agrees to renao,-e all rubbish, earth, and unused material in ft-stroa" or 96M tlrcrs4
<br />upon the completion of the improvement or the repairing thereef.
<br />The work of making such improverneut shall be completed accor&ag'to the terms of t'�s CM uA
<br />ielore the. -------- ------------- --------------------dav o£---..........---
<br />unless the time for the completion of the sar;e shall b' estetld 4 is writing by the Board of Publl@ it ofke,
<br />And it,is agreed that any such extension of time, or any alteration of this contract or of the maim@r or troth=
<br />odd of doing such work shall in no way affect the duties, obligations or liabilifies of the eontraetor or hi§'trite--
<br />ties.
<br />It is agreed that the contractor shall not -ssign this !' -ret, or sub=let the work or any part theer ,0 tp
<br />be done hereu-rider, withov,' the -�:;ri. -.en co.;.'
<br />_ * of the ia_,ar i of P tbl e WorJks,
<br />It is further agreed and stip lased that =e contractor shall uivR to residents of said city and coi1ioty
<br />prefer•ei.ce in the employrnen.t of all labor necessary in the performance of this contract, and failing to do so,
<br />small forfeit to the city the sun of ten dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be dome and
<br />perfurr :cd by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />leacd t_rrd paid to said contractor in the manner fixed by the statute governing the making of such improve-
<br />f:a...itS,
<br />'Td c- sch of the conditions and stipulat-loos of tieis contract, including all and% singular 4he provisions and
<br />tern _s of the plans, grc:£cle, specification, and resolution aforesaid, the undersigned binds himself or itself
<br />and t';e res,ptctive succc,4Aor or zg ,27rs of such parties.
<br />
|