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<br />ZuAa&X se n'EP_1111! gr 13th.. 1921. Continued,
<br />PUBLIC TMPROVtMENT CONTRACT,
<br />This Agrement, made`and entered into this first day of September l 21 by
<br />and between Farr N. Barnes of t e Cou>A of St. Jose h and Stag of ImdiaxaherelihQi'ter
<br />refereed to as t o eI Contractor" 9 and the City of South Bend, in the County of St -
<br />Joseph. -and State of Tndia>aa, by and_ through its Board of Public Works (hereinafter
<br />referred to' as' the " Cit " ' fir) ua�er and b� virtue �of alb Act of the General A�sel�tbly of
<br />the State of Indiana entitled"" An Act oneeranixg Municipal. Corporations, approved
<br />Marek 6,1905, and ali amendatory and supplemental acts thereto:
<br />Witnessetk, that the contractor covenants and agrees ton eo>estrust grade,
<br />curb and walk on Webster Street from Indiana'Avenue to Prairie Avenue, ix the City of
<br />.-Soutk Bend, Indiana at'and for the following prices:-
<br />1300 lia. ft. of curbing 6 X 7 X 16 per lix, ft,,,,,,,,,,,,,.o$05
<br />:250 cu. Ids. of grading per cu. yd. ........ ..,!...... .. .90
<br />2200 sq, ft. of cement sidewalk per sq. ft......... ....-,.,, .20
<br />and t4perforin all work in the prosecution of said improvement under and according Xo the terms and c ,.:
<br />ditlons of. Improvement Resolettion laic►....: �1 : ..�, adopter# ty J&e Board cif Publie World... ,1.2 1921.
<br />end the plans, Profile and specifica#ions 'on file in the office .of the f)epa-trhent of Public Workssh sa{�'
<br />resolution, plants, profile and ' specifications.'a,re tn�de a part hereof; as f4fly and effectually as if' w,pi,d and
<br />set out.hereln at full length. ° x
<br />The
<br />further expressly covenants and agrees that in the prosecution of sail work: all°proper
<br />skill and care will be exercised; that he • r1l ro rla t , n, � � a .
<br />p PQ , all excavations, and dangerous places,
<br />and will use -'all due and proper -precaution to prey t lnivi y *-i ry person or 1 r %. r4.y; that in the event , ,f
<br />`i1y-{n <lry or damage resulting from the war?; or resliltirg from - -cv matter or thin,- !onnectoad therewith or
<br />ar sting therefrom, to any person or property, he n-41-pay ate liri:tidate'the same at fiis own expense, and as.
<br />sume the liability therefor; and in the event of any clair-x or claims being made or any action or actions
<br />brought; against the city by reason or on ac.courit of or growing out of s .id work or its construction, the safe
<br />contractor will at his own expense defend the same, and will 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 />wMensei � payment or judgment recovered in connection with such claim or claims, action or actions. Atid ;I
<br />within ten days after any such action is begun, the city shall notify the contractor. of the pendency thereof,
<br />dtim Any judgment re=ndered.against the city shall be conclusive against the contractor and against the surety
<br />oti:his coustru' etion bond, as -to tb- amount, liability and other matters pertaining thereto,
<br />Alai 'rite tUas`ra ,or aKT cs 'w rr: r i~a.1n sas4 zu
<br />the period and in the manner as, fixed by the s»P6i7cadons, anci to sec re .:.` t ,.__ ,
<br />to file with the Board of Public .Works a bond With sufficient surety thereon anti. in an
<br />Specifications. And in doing such repair work the contractor and the surety on; hi<graraut
<br />aubject to the sase liability �o the city and any other person for any injury or dar;;age to any ps
<br />arty in, the same manner and to the same extent as is fixed in the last preceding paragraph co a�;:,;
<br />struction work. And it is further agreed by and between said r•zrt 2s, that the acceptance of the wor-c gpovidpd # 1
<br />contract, or the payment thereof, shall rot constitute a waiver on the part ,of the city of airy � t t';�L 1;, �. ions of this contract; nor shall it release said cca+ractor or the sureties on his bond for -the faitl iul pertc
<br />°rice thereof ; nor shall the. acceptance be prima facie evidence of the performance .of any provision of t 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 makhg w
<br />ouch improvement and in,,the performance of this contract, whether done or furnished for him'
<br />or his agent., assignee, successor or subcontractor; and the city may reserve out of any allowance, made on any estim,at®
<br />in favor of the contractor or t ic. 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 there for
<br />work done or materials used or curnished to be used in the performance of this contract and the doing orf said worK, and 'the'County ,treasurer, acting as city treasurer, may retain money collected frgm property
<br />owner assessed for said -improvement to pay,'such'debts or until the contractF`�s�:that`they itiave been paid or satfcfied
<br />e co .i a C- ab to remo- ail rvbl' =,1i, ea.r-h. and un^_sed matenal in the stTcata at
<br />!!ft®n ths Conip.14tion.o# the ift rftrt=vet or, the repairing tl?e
<br />++ck reoi.
<br />The work of tr+akfng s ttnprovetnent skall,be cA
<br />`ef�rd the ravleted according to the terms of this e:ontrant ®u tits
<br />t.
<br />icon the thne�for the �Completi n of Ti; saj,e�shal bb ex ---
<br />Completion e i be ext need in w+-�t .g by the
<br />lhbl'�elioPs; Attd {t 16 agreed that any such e+ctengton of time, or any alteration of this cor'.met'or of the .manner or loth Od pp,of dolbir such work shall in no way affect the duties, obligations or liabilities of the contractor by It{s oitr6� ` lip@F
<br />It is agreedIbat the contractor .°:hall not assign this,-ract, or sub -let the work or; any part thereof to
<br />he done hereunder, witho,'t the written consent of the board o.f. Public Works,
<br />It It further agreed and stipulated that t',! contractor shall give to residents of` $md city, and county
<br />peeferohce In the employment of all labor necessary in the performance of this contract, and failing to do so,
<br />shell luffelt to the city the sum of ten dollars for each failure to observe this stipulation,
<br />And upon the performance of all the terms and conditions af'th,is: contract,-and`'things to be done and
<br />rerforttied by said contractor the said city agrees to cause the cost' aft d6m such' -work to be assessed, col- 4
<br />eeeed find paid to said contractor in the manner fixed by the statute governing the making of such Improve.
<br />To tack of the conditions and stipulations of this contract ' includi ig alf and, sinoar the provisions and
<br />tftista of the plans, profile,, spe cificatxor's and resolutionaforesaid, th 6 to dcroigned binds himself or f tsal<f,
<br />l►tiid llrs f'o peutivt suettssdr Or assigns of such parties -
<br />In Testimony Whereof We, ;'the foregoing wed parties, hereunto
<br />set our „hands ; this,,. first day of- Septembdr 1923
<br />R CITY Off' SOUTH BEND INDIANA. W "�: BARNES
<br />'BY, G,. A. ELL,I&T: CONTRACTOR
<br />H. F. ROSTISER
<br />Its Board of Public.Works
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