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753
<br />July 20th. ,1920. Continued, -
<br />The following bond. and contracts approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agrement , Made and entered into this 2nd. day of July 1920 by and
<br />between H. N. Barnes of the County of St Joseph and State of -Indiana (hereinafter
<br />referred to as the " Contractor")., and the City of South Bend, in the County of St.
<br />Joseph, and State of Indiana,_by_4nd-_thr ough its Board of Publdc Works, (.hereinafter
<br />referred to as the " City") , under and by virtue of an Act of the General Assembly of the
<br />State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved March
<br />6,1905, and all amendatory and supplemantal sects thereto: -
<br />Witnesseth, that the contractor covenants and agrees to °construct Grade,
<br />curb and walk on Walnut .Street from Sample Street to Prairie Avenue, in the City of
<br />South Bend, Indiana. at and for the following prices:--
<br />7580 lin. feet of curbing per lin ft........................ .45
<br />2165 cu. yds of grading per cu. yd.......................... 1.25
<br />37100 sq. ft. of cement walk per sq. ft..................... .20
<br />d,id to perform all work in the prosecution of said improvement under and according to the terms and con-
<br />ditions of ImprovementResointion No- .--7-73............. adopted;by the Board of Public Works .... maz._4- 1920.
<br />and the plans, profile and specifications on file =n the office of the Depa:-tment of Public Worts, wbich said
<br />resolution, plans, profile and specificafions are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />?�e contractor further expres lv covenants alrd ayrc-s tb t in the prosecution of said work all proper
<br />skill ar,d care �`,l be exercis_s; tt- he "? ;' all _-_ wva'ions and dangerous places,
<br />and .-;tt use atl due a.rd p-n )Pr pr� `ioa to or t ; „--.T person. or 1;--^
<br />any injury or damage resulting frc-m t'.---- • t fry , -v or tl-',nc- nor *mod tli- ;*1
<br />.Y .. ., n, t �Z or
<br />arising therefrom, to any per^ i or property, rev "-I, 1 :idn c? s re st 1 -s ovrn expense, and a�;-
<br />stime the liability therefor; and in the event of any cta*.r-i or cla;ins bung rn dt er any action cr act'ons
<br />bro .ght against the city by reason or on account of or gro�-riug otit of -_-`d torso or its c-n'trr=ctio-1, s->. 1
<br />contractor will at his own expense defend the same, and -rill pay any judgment recovered therein, and u ,' i.-i
<br />all respects fully indemnify and save harmless said city, its officers, agents or reoresFntatives from al' cast,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. A rl f
<br />within ten days after any such action is begun; the city shall notify the contractor of tiac pen- -cv ther {,
<br />t1;4?n any judgment rendered against.the city shall be conclusive ageinst the contractor and against the surety
<br />can hi:3 construction bond, as to th !mount, Iiability and other matters pertaining thereto.
<br />3t t%+� €.;t�a� err 'r. ass<x:,:Yartu saYc1 i : ut _u : ;ae such repairs as may cc necessary
<br />l it Eff tf� 4t the tt st r" fixed by the s�c-ti�trons; siac3 to seen-_ tkte maiatena.?tce end repair_ thereof
<br />tot # with 64 Board of Public Works a bond w Ah sufficient surety thereon and its an amp*n� " rRXe-4 by; t4? ,
<br />Az,d in doing such repair %work the contractor and iht surety on his Wiiar4utem bond, ihal1 l't
<br />wihj#oet W th@ §at,,e liability to the city and any other penson for any injury o4 damage, to tiny pert y n pr prr p-
<br />ofyhl th@ §41na manner and to the same extent �-s is fixed in the last preceditig pai;�. raph coycri?ig the €-c ,-:-
<br />§tyiA@-fj� work,'
<br />And it is further agreed by and between said pat% s t1,71,t the of the Wtil°k p1 ntt3rlt r1 fcat
<br />r• iitf€A4, of the payment thereof, shall not corisiitute t t:: , cr on the past of tht city of wky of Vw' llf
<br />1Qr:s ef.th6 ,contract, nor shalt it release said c ' -or or the st<,'et-ies on hit bond for thi ful,`1 i,41 pf'
<br />Riom th�r�of i riot' shall the acceptance .be :prii a facie evidc;.,.e of the performance of arty pro y1§161 of.
<br />9011tfltet, Wept to the extent of entitling the coi-itl-r.ctor to the contract price therefor,
<br />Th@ contractor agrees to pay for all labor and materials used or furnished to be used in the of
<br />®1 eh Irdprovefficnt and in the perforr.iance of this contract, whether done or furnished for hiti, of his
<br />4§11gage, auccaaaor or subcontractor; and the city may reserve out of tray 41lowance mftde on ltny egC ! 1 i,
<br />in
<br />Itvor of the contractor or 1`assigns, or out of the anLvtiirt due hire or his assigns upoii the eof y1,!ft'o,i
<br />of tho Wort.., so much as my cessary to pay all laborers or material then. for #o iounts d z tlt lrrt foe
<br />work don% or Materials usia or :urwshed to be used in the perfortr<ar ee of this tong' et told th,, d0l'a ' of
<br />94.id World uld the Witnty treasurer, act, ig as city treasurer, snrJ retain fttotxey lsll. ,ted frot i projl i a,€y
<br />p
<br />�p�KOM Mft%9`_d for Sala iraprovenirTit to pay.sucn del%ts or t;r,i-il tl-•< r%4M r>.c;ir,r if..Ciiis they l`if7 t3
<br />i.:e co nt--n—cr agrees to remo- _� all rvl�_,ish, earth, and nn}zsed triaterial in the streets Or sides thin_ (_,A
<br />upon the completion of the improvement or the repairing thereof.
<br />The work of.making such improvement shall be completed according to the terms of this contract on or
<br />beforethe ---------------------------------------------------- ------- ------------------ day of--_---------------------- ---- 14----
<br />unless the time for the completion of the san-c shall be extended in writi:- - by the Board of Public Works,
<br />And it is agreed that any such erten :ion of titre, or anv altera`ion of this cc-itract. 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 />ties_ .
<br />It is agreed that the contractor shall not ?.ssign this contract, or sub -let the work or any part thereof to
<br />be done herezmder, tvitho t the .r-i`.:en co:: :r_t of the Board of P:,blic Works.
<br />It is further agreed a~d stipule--d fh1. t `7° contractor shall gi-,e to residents of said city and county
<br />.preference in the emplovrnt.nt of all labor necessary in the perfort-tance of this contract, and failing to do so,
<br />shall forfeit to the city th,, sum 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 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 malting of such improve-
<br />ments. ,
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of the plans; profile, specifications and resolution afores .id, the itnd.ersigned binds himself or ;tg;]f.
<br />.nd the respective siacccssor or assi rs of such parr rs.
<br />TIT TESTIMONY WHEREOF, We. the foregoing named parties, hereunto set out
<br />hands this 2nd. day of July 1920.
<br />HARRY N. BARNES
<br />CITY OF SOUTH BEND, IND IANA. Contractor
<br />BY H. F. ROSTISER
<br />JOHN F, DEHAVEN
<br />Its Board of Public Works.
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