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76S
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />THIS AGBEOWT, Made and entered into this 17th.6 day or -,-June
<br />19 9 `by >dnd between Harry N. Barnes of ` the - County of3t. Joseph and State of
<br />Ind -Una, Aheretn+after referred to as the ". Contraetorm), and the City of South
<br />Band, in the County of; St.: Joseph and State of Indiana; by and through ita Board
<br />Of Public Works � here,inafter referred to es L4" the ' City "i. coder and by � rt %f►
<br />of a -Ac% of the General Assembly of the: State of Indiana, entitled "Ana Act don-
<br />ber funictpai Corporations, " appro4eid lurch 6,1905, and all amendatt y
<br />v0 t a I Sete thereto
<br />Witneaseth, ` that the contractor eoveusats and agri4t to cohtruct
<br />grade, curb and : walk on Stanfield Street from Howard Street to St, Viftcant,.:
<br />Street in the City of South Bend', Indiana at and for the folloWisg primes: -
<br />604 tin. Feet of curbing per iio ft...«. ...... .. 633
<br />° i 4 cu yde. of grad lM per cu.
<br />2985 sq, ft. of sidewalk per sq. ft............ .,15.
<br />._iu to periorm all work, in t1le prpsecution of said improvement under and according to the terms arrci you
<br />ditions of Improvement solution No. ._..662 .......... adopted. by the Board of Public WorksApr. ,1919.
<br />and the plans, profile and spe ifiWtons on file . i the office of the Department of Public Works, wh+c said
<br />resolution, �a.ns� pro4+ ;and specifications' are made a part hereof as fully and efflectually as if copied' -and
<br />set out herein at f 0l lei gth.
<br />tie contractor further, P-
<br />,,,res-ty covenants are a rc2s th--t in the ,prosecution of said work all prosper
<br />skill ai,d care 5:1 b, eerc__,_' tl he :i r: n = _ d p- xmvations and dangerous pfaices,
<br />and ;11 use :c tt d+.,e and P'-07Fr a i 2 Ay `7 y person ^a -1 r "y; that in `he eve"v, Cf.
<br />any injury or da.ma.�e resulting from th • or rFG- itirg fr^.rr_ n-v mitteror thing conn<cted therewi't or
<br />arising therefrom, to any person or property, he °11 n�.y ar t+�:tidate tl e sameat his own expense, ansi<as-
<br />sume the liability therefor; and in the event of any. claim or claims being -made or any action or actions 15. ing
<br />bro"nght against the -city by reason or. on Iaccount of or growing out of sr.,,d vaor`k or its coristr+Iction lh s?i t
<br />contractor will at his own expense defend the same, and will pay any judgment -.recovered therein, and=rill in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all ,cast,
<br />expense; payment or judgment recovered in connection with such claim or claims, action or actions A d . f
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency' thert,of,
<br />th>>n any. judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />c.n bi, construction fora, as to tb amount, liability and other matters pertaining thereto.
<br />-And the -cot. rra,_or a.E,rc s of v::1-intaan s :'d tl. -- roll i,i 6..+,1 asTYa y be
<br />.. ` ;.
<br />the period and in: the mariner as fixgd by the sn�ca c� ,or s, a:ad to sgc"re , _,e niairi c-natace a d repair t ic.re ►1
<br />to file with tie Board .of Public ',,A orks a bone( th su�tc;ent surety thereon and ia. an a mount as rs<ed:by the
<br />specifications. And in doing such repair work the contractor and the surety o i -his guara,rtee bond shall be
<br />stbiect to the same liabili-v to the city and any other person for any injury or damage to a per�,r.1 or. -prop-
<br />erty in the -same manner and to the same extent as is fixed in the last preceding paragraph •coveri'ag the4 -:con-
<br />struction wor':.
<br />A_rd it is further agreed by and be*weep said parties that the acceptance of the work provided far in. this
<br />contract, or the payment th,_-r•eof, shrill not constitute a tvai ver o 1 the part of the city of any of the pr.ovis-
<br />iotas of this contract, nor shall it r.aea3c said contractor or the sureties on his bond for the faithful per orvn-
<br />ance thereof; nor shall the acceptance be prima facie evidence of the performance er` any provision of: this
<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 malu:ng of
<br />.such improvementandin the performance of this contract, whether done or furnished for him, or his _agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or '• :- assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as ma- cessary to pay all laborers or material men for amounts due them for
<br />w !lrk done or materials usert c; �urnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, may retain money co'!�fted from property
<br />ownc s assessed for said improvement to pay such debts or until the contractor s.."lows that they have been
<br />paid ©r satisfied '
<br />e a6 , to rtmo- -, a!l rv',`=si., earth, anal i mmsed material in the strt-,ts or sides fihereof
<br />upon the completion of the impro` em-.:-at or the repairing thereof. ,
<br />The work of makin sn�h irgpr ,vement shall be cornzf eted according to the terms of this contract on or
<br />before the %ter day of---------------Sapt } .............. .....,.,
<br />�.19.:
<br />unless the time for the ^om +,nn of the sane s'_iaii be e`_tended in wasting by tyre L�oai7d�of Pub'iic Works.
<br />And it is agreed that any.such exten-ion of bare, or any alters ion of this contract or of the manner or meth-
<br />4 of doing such work shall in no way a=iect the duties, obligations or liabilities of the contractor or his sure-
<br />_
<br />It is agreed that the contractor ehall not ,_ssign this contract, or s?rb-let the work or any part thereof to
<br />be done hereunder, wit.hcwt the wri, .e c:,.-.-.: aC of the Board of P,tblic Worts. °
<br />It is further agreed and s6otti?"'d `n,n contractor shall give to residents of said city and county
<br />preference in the employment of all la.! or a,ssary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten dollars for each faib.tre to observe this stipulation.
<br />And upon the performance of all the ter-nis and conditions of this contract, and things to be done and
<br />performed by said contractor the said city agrees to cause the cyst of doing such work to be assessed, col-
<br />lected and paid to said contractor in the mariner fixed by the statute governing the making of such improve-
<br />ments.
<br />To each of the conditions and stipulations c�` This contract, including all and singular the provisionss and
<br />terms of the plans, profile, specifications and re2olutio_a �foresa a, the undersigned binds himself or itself,
<br />and the respective successor or assigrts of such parties.
<br />'In testimony Whereof. We, the foregoing named parties hereunto
<br />set our hands this l7th. ;f day of June 1919.
<br />HARRY N BARNES
<br />CITY OF SOUTH BEND, INDIANA. CONTRACTOR
<br />BY G. A. Ems'
<br />HARVEY.F. USA
<br />Its board of Public'Works.
<br />
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