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770
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Riede' and entered into thlS 17th., da)t: of June. 19�9
<br />by and, between • Harry N.. Barnes of. the County or St: Joseph, and State of Ma#4ana '
<br />(hereinaftsr referred t as the. Contractor }, end tl�e ity' of South Bead, iw'the
<br />County of St, Joseph; -and State ' of Indiana, by' and tb' 64h its Board of Public
<br />Works, (he'reivafter referred to fs the-* Cityunder and by virtue of .Act
<br />of the General Assembly of'_the State of Ind*idaa, entitled " An Act Coneerait
<br />die pal Corporat ions, ", approved lurch 6,1905, and all amendatory' and sup
<br />mental acts thereto:
<br />Wit#esseU that the 6ontractor z►Ananlaand agrees to const uct
<br />cement walk.,, on, La Salle Avenue f' Briers meter St*`Vjosiph ;River to Bridge .goer
<br />East 8c�e, in the City o3' South Bend,. In�2 �aaa at the fo110sring prices: -
<br />63001q,. ft. of- cement srdewelk per sq. ft.........15
<br />4ad to perform all work in the prosecution of said improvement andtr and awol�dt � "
<br />ditfons of Improvement R--solution No. ._, ......... adopted by the Board of PublI@ Worea,�p��. a a��ee
<br />and the plain, profile" 2rd spe�ifica*ions on file in the office of cite Department ttt��'�Q ®� ��4bllq WQ_PGA ;b701 �
<br />�'0,�f�l"Ult1o•t, plans, profile and specif cations are made apart hereof as fully and �€�le_tt�ally
<br />#e out hcrein at full length.
<br />1,e contractor farther expressly covenants arld agrees that In the , rosealil•lon, of Acid v vk #il ,fir pvo-,, -
<br />s1 i11 and care , ;sl be ex rci�a , '1 -. he :l rYo*a , qp r l p A Ar g a w11P�vl tiPrlI At?#" } �q 9'�1+,�t1s�l s #
<br />��i 17 M1i .1 t1 Y ];l r. 4' i'!7) + ^y �f%.� �'�? i �r P,�f'- i �/'� F #�!b 2 i1 RT#nt .
<br />and 1 use dt-.e FM p over p cw on to nr i a v o t,
<br />ate injury or damage resulting from the w^Y oY re rt irg from rn-y �+�t*.er �� thll' e�?CI��Qtad theWl#�i �P
<br />arin1bg therefrom, to any pers^-i dr property b, ar+ ii( tidatc tho onma at rdq own expense, Od 44-
<br />sitme the liability therefor; and in. the event of any clatri or clainns bong marl& or any izodon or fkalo'n# �-41
<br />brri; ght against the city by reason or on account of or growing out of Old work or 1t& comtructit the #��'
<br />contractor will at his own expense defend the same, and viill pay any Judgment recovered there'll, and Wl' l lt)
<br />all respect& fully indemnify and save harmless said city, its officers, agents or r wa#entgtiv-2s from all eo#t
<br />expense, payment or judgment recovered in connection with such clahn or elai�&� i#otlptl or artjQn§, An€1 a�
<br />'tvtthin ttfl days after any such action is begun, the city shall notify the contr�etor of tt� a psridet ey
<br />tit, .it any hidgrntnt endered against the city shall be conclusive against the contmeitor AWagain#t the surcxy
<br />c.;t',3,it?ai,k:;{.rt.ction bor,l, as -to tY amount, liability and other matters pertaining thelwetq,
<br />And the contractor agrees to maintain said in,i ro n Brit r- r.�a:-.e 5+,ch repairs as mab•e r.ecessa:y
<br />the. period and in the manner as fixed by the sn�ci �catiez s, and to secure ,.ie mainter:ance and repair trice o"i
<br />to file with the Board of Public Works a bond vith su rcient surety thereon and in an amount as Lced by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />subject to the sar_,e liability to the city and any other person for any injury or damage to any. pers :•n or prop-
<br />erty in the same manner and to the sarne extent as is fixed in the last preceding paragraph covering the con-
<br />struction wor'
<br />`And it is further agreed by and between said parties that the acceptance of'the work provided for in this
<br />contract; or -the payrn - it tl� reef, sb7dl not constitute a waiver on the part of the city of any of the prov-is-
<br />ielis of this contract, nor shall it rclea-e said contractor or the sureties on his bond for the faith'ul perbciM-
<br />a nee thereof; nor shall the acceptance be prima facie evidence of the periormance of any provision of this
<br />contrast, except to the extent of entitling the oontractor 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 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 esti na"te
<br />in favor of tize 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 labore s or material men for amounts due them for
<br />p ork done or -materials useu arnished to be used in tie perfor..,ance of this contract and the doing of
<br />said w'orK, and the county tee ;.zrer, acti._g as city treasarer, may retain money co'1.-acted from property
<br />owl-Ac-s assessed for said improvement to pay sines Jeb,s G7 t__;- .l tltviat they have bccrl
<br />z c to remc atl n,,`,: Jn earth, and unr.sed t.,ateria.l in rift; str0_ is or sides 0: i'c
<br />.if or) the completlon c the irn. ;ro-2m it or the repa ring thereof.
<br />The work of n h improvetnent shall be coni-feted according to the tennis of 6tis contract on m
<br />b^fore the----------------- ............................._- ..-------.--day' of--- --------------- .....S ...........- .........., p.•-- y
<br />1 pp...
<br />unless the time for the ccs� +lotion of the sz.. e shall b extended in. wr ti:bythe oa.rd of Public Wo l s,
<br />And it is agreed that any such ?xte n-ion of t:n,e, or ary aitera`ion of this contract or of the manner or meth-
<br />od of doing such work shall in. no v7a.y affect the duties, obligations or liabilities of -the contractor or his sure --
<br />ties,
<br />It is agreed that the -contractor sha.11 not ^..ssign this contract, or sub -let the work or any part thereof to
<br />be done hereunder, withoot the Y, ri" en-o:_.::. of the Board of Public Works.
<br />It is further agreed ar.d grin +. =ar contractor sh:w'l give to residents of said city and country
<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 surn of ten dollars for each faill.ire to observe this stipulation.
<br />And upon the performance of all the terns and conditions of this contract, and things to be done and
<br />performed by said contractor the said. city agrees to cause the cost cf doing such 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-
<br />vaents.
<br />To each of the conditions and stipulat ens h`.s c_— tract, including all and singular the provisions and
<br />terms of the plans, profile, specifications and recolutio_i of _esa_d, the undersigned, binds himself or itsr,lf,
<br />sari t io respective successor or assigns of s _:ch i; -l-v as.
<br />In Testimony Whereof,, lie, the foregoing named parties, hereunto
<br />set our hands this 17th,, day of June 4919
<br />CITY OF SOUTH BEND INDIANA
<br />BY G. A. ELLIOTT
<br />HARVEY P. ROSTISBR
<br />Its board of Public Works*
<br />AMY N . BARNES
<br />Contractor.
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