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772
<br />PUBLIC DIPROVEIXNT.CONTRACT.
<br />This Agreement, Mree _and uttered Into : V is z Ith.-* day of June1919
<br />by andbetween Harry N+ , Barnes of ,the County of St. -Jaeop , Bute of .Indians
<br />-. _ .
<br />(here imafter. refe rred .to.,as .;the " Contractor'), and the City tl fiend,
<br />Is the, -County of St. Joseph, and State of Indiana,-by.;sad, through � srd of
<br />Public Works,(hereinafter referred to ," the ". City% under a --by' vlra ten:
<br />Act of the General Assembly of � the State of Ind cans, ent is ed ..e, An Act
<br />Runic ipal Corporat ions, " approved march 6,,1905, .and all amendatory -and*x mmental
<br />gets theroto:
<br />witnesseth. that the dontractor covenants am is c< tract gr
<br />grade curb and walk on -St. ,Vincent Street from Riles ;n , AR. 11ne `ai -karur
<br />Heights Add it ion, in the City of South Bend, Ind Tana at Or *,hie .'nllvwl
<br />prices:
<br />1052 l in. feet of curb, per l in ft ............... $. 33 °
<br />947 cu yde. of grading per cu. yd.............. .80
<br />5334 sq. ft. of sidewalk per sq. ft.............. .15
<br />:Lou to periorra all wary i, ne ;_,roseclzti.on o" said improvement under aind acc%prdiag to the terms airu evn-
<br />daions -of Improvement R,-:sol,ttion Zvo.....bj)............... adopted by the Board of Public WorksApS.I.J...3,5_ 1919
<br />and tlhe pla,nF, prof';.'_e a^d sp-cifica.+;ons on file : , tl'e office of tl;= Depa= tmc-it of Public Works, vrh.+ch sal
<br />resc+jticn, p0"ns, * rOfi.l.e a.r specifications are made a part hereof as fully and e"ectually as if copied and
<br />set out herein at fell le—v th.
<br />contractor further exprtisly covenants and agrees thst in the prosecution of said work all proper
<br />st 11 1..;-•,1 Care. bs tr t he a.11 excava :ons and dangerous places,
<br />end VSC a i C�;! 2 d �' ^7P,r pr tii� F t or ' inir "V t } ^ry person nr p7 -ty Oat 1 1 ^.'' eJ nt tf
<br />any injury or d�_,rn.n ,�e r Sulu-g fr; Il tlj,: o S".1" J from a^y or thing f.,.T tAd thlere��'911For
<br />arising then -from, to a.ny perar i or property, he lv ll Fay am-; 1 r .,idate the sane at his own expense. and:a7s-
<br />stir e the liability therefor; and in the event of any cla�171 or claims being made or any action or actions
<br />arc ?ght against the city by reason or on a.ecount of or gro�.viilg out of s�.id work or its con tr,.+ction, f s^ •-i
<br />contractor will at his oven expense defend the same, and v^ill pay any judgment recovered therein, and vvi`' in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, payment -or judgment recovered in connection with such claim- or claims, action or actions. Andf
<br />e=. it',in ten days after any such action is begun, the city shall notify the contractor of toe per-itncy then-^f,
<br />t'n n rLny jv.dgment rendered against the city shall be conclusive against the contractor and against the
<br />sure -
<br />b t, 111.",biiiry an: oth er '":tatters pertaining thereto.
<br />Aa d tl'<=, crt.crL<_ar akrL: . to _... _ in S ;.4 jT '. ._ u T=iar. I1 I-epai.rs as inay I 3..
<br />the period and in the Mawncr as fi tic'_`t Ly the 8n C'`'. :C•nS, acid to secure ..ie maintenance and repair tt3 .'.t
<br />to file with t'.re Board of Public Works a bond i ;th su,!^cient surety thereo_, and in an amount as n:ted by
<br />Specifications. And in doing such repair work 'he contractor and the surety on his guarantee bard shall be
<br />:Subject to the same liability to the city and any oii_er person for any injury or damage to any pers :i or,prop-
<br />-rty in the same manner -and to the care extent as is fixed in the last preceding paragraph covering the,eon-
<br />struction work. °
<br />And it is .further agreed by and between said parties that the acceptance of the work provided for in,tbis
<br />contract, or the payment thereof, sh all not constitute a waiver on tr e part of the city of any of the prbvis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the fa.tli'xul per form. -
<br />&rice thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of thiv
<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 maki+ag 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. Y.-ay reserve out of any allowance made on any estimate
<br />in favor of the contractor or I— assigns, or out of the amount due him or his se3igns 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 />worlc done or materials used .r :urnianed to be used in the performance of this contract and the,doing of
<br />said work, and the county treasurer, acting as city t. er_s may retain rioney co'l--:-ted from property
<br />owners assessed for s^.id ir~�._^�e_ ` *o p..v a '.`_ -_, _..:r,'- 71, 3 that they have b(3,.n
<br />.{,i'. - t-;; - t�, and 2 _ L..-. _..,f_ 1'. t�._% :�t_t _{s `-.: ply i'.. .
<br />f"Z it i4• ti r,_ . g 4' ,
<br />16- iPlor of fro'N'i?g'g FR`A'lvnt r � Merit ei; l> be "a. �f <'lCoe•`T7". ' t.�l tii`y te;'�'tS of tlA C�. frakft i„! c: ,
<br />&r4ore {he:.._. ....... ........ ..„ - - v of. ------ l�
<br />j ,�''�j� ��_ G'd �b��'i#;ItEtbB�---�'9�9'� a lY:,.�
<br />ur:egg the time °for ;ht rt+�^;�?<`'a y�f.rb? sc. ail bv-.-terded V."r t:'� by thn Board of Pual.c Wo s,
<br />; d it 9' 4'& i13 a�iy K 1^h .'`:��=:�20'' } 1't'.`1�z, Or 9 v Ater. ;o of t''_-s cc -tract or of tht nvu-t1ur Or Yil t11'
<br />od of doing Nueh VV�'k sfisll iil'r4t� way atr t tli" �iYtY S, Obl.eatio O.' li2Cril�t. of tl:%.cont;ACtf?T or his $uYe^
<br />tier:
<br />-It to agreed that the contractor Phgll not -nssign this _co ,trait or sob -let the vrork or any part thereof to
<br />he done heretinder, wit:hoot the tin n - o-, : -of the Hoard of Pulblic Worlcs.
<br />It i9 further agreed and dtipula:,.d tn.a,t -: contractor shall gi ,e to residents of said city and county
<br />preference in the employrnvnt of all labor necessary in the performance of this contract, and failing to do so,
<br />'hy-ll forfeit to the City the sum of ter. dollars fc-� each fail,zre to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this contract, and things to be dome and
<br />urfuvm. ad �y said Contractor the said city agrees to cause the cost of doing such work to be assessed, Got-
<br />leeted and paid to said contractor it the manner fixed by the statute governing the making of such improve -
<br />To each of the , nd t:ru,atic: 5 P Y -tract, including all and singular the provisions and,
<br />of the plans, prof,le, s lci4catio s ara re tl�� undersigned inds k,ir:1$elf or its - fr
<br />peative auec0s —z, ssi r.•.s Cf s _ ': p v 3.
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