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<br />PUBLIC IMPROVEMENT CONTRACT,
<br />° This Agreement, Made and entered into this 13th., day of August
<br />1919 by and between Harry,N. Barnes of the Counny Of St. Joseph, and State
<br />of Indiana (hereinafter rferred to as the " Contractor"), and the City of s
<br />South Bend, Indiana ; in the County of St.. Joseph and State of Indiana,by
<br />and through its Board of Public Works, (here inaftor referred to as the
<br />"City"), under and by virtue of an Act of the General Assembly of the State
<br />of Indiana, entitled " An Act Concerning Municipal ;Corporations," approved
<br />March 6,1905, -and-all amendatory and supplemental aids thereto: -
<br />Witnesseth , that the contractor covenants and agrees to construb
<br />sidewalk, grade and curb on Cleveland Avenue from Diamond Avenue to
<br />Vassar Avenue at and for the following prices:-
<br />lin. ftof curbing per lin ft................$.32
<br />1387 cu. yds of grading per cu. 3 :4
<br />6635 sq. feet of sidewalk per sq. ft...l............ .14�
<br />and to kerform all work in the prosecution 4 said improvement -under and accor .the terms and cpn-
<br />ditions 4$.Improvement Resolution No.. WL .............. .adopted bp- Board�f::Pat'blic
<br />and the .lansi profile and 'specifications on file itt the office of the I a tment of Public :Works, which said
<br />resohtion, plans, profile. and specifications are made a epeoi: lly and effectually. —as if copied and
<br />set ifrtt herein at full length.
<br />The contractor further expressly covenants and aggW-1hat-In-Ille prosecution of said' work all proper
<br />skill'ana care grill be exercised; -th t he ,`1I prop �Y —:_ : all excavations and dangerous places,
<br />and will use all due and proper precitition to prev.,::t irkit-y-4-1 =ry person or pro^-?r`v; that :-I `he event of
<br />any injury or damage resulting from the w�r':'or res:,lti-o from —y - -_*ter or thing or
<br />arising. Were from, to any person or property, he v11 nay and liquidate the .same of -his ovin expens4, and as-
<br />sume the liability therefor; and in the evert of any. claim or claims being made or any action e- L
<br />actions L''ir:
<br />brought agairmt the city by, reason or `on account of or growing out _rt d wGrl: or its conrtrr.ction, r s- * 1
<br />contractor will at his own expense defend the same, and will Ray any- udgment recovered th-erein, and ti •�" in
<br />all respects fully indemnify and save harmless said city., its officers, eats or representatives from all cost,
<br />expense, payment or judgment recovered in connection with such cla in or claims, action or actions. A.r-f f
<br />ivvithin ten days after any; such action is begun, the =*y,shall notify tic contractor of i.r+_ per_4r-- -cv ther f .
<br />alien any udginent rendered against the city shall be conclusive again t the contractor and against the surety
<br />on his construction bond,' as to tb amount, liability and other matters pertaining ..thereto.
<br />And the contractor agrees to maintain said improver—nt and su-.-h repairs as ritzy oz II�C2s.;a-
<br />the period and in the manner as fixed by the specifications, and to secure tine maintenance and repair tna -t,,
<br />to file with the hoard of Public Works a bond with sufficient surety thereon and in an amount hi -fixed b4jT h.
<br />specifications. And in doing such repair work the contractor and th surety on his .guarantee bond shal`-be
<br />subject to the sarvie liability to the city and any other person for any . niury Ar -damage to any pers`t a or�
<br />erty in the same manner and to,the same extent as is fixed in the last .preceding paragraph coveang t`he A-
<br />° struction work.
<br />And it is further agreed by and between said parties that the ace eptance of the work provided for in -ItHs
<br />Contract, or the payment thereof, shall not constitute a waiver on he part of the city of any of the provjs�;
<br />ions of this contract, nor shall it r:.lease said contractor or the suret es on his bond for the faithfulperform
<br />ante thereof; nor shall the acceptance be prima facie evidence of the performance of any provisiog-of this
<br />contract, except to the extent of entitlipg 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
<br />such improvement and in the performance of this contract, whether one or furnished for him, `
<br />assignee, successor or subcontractor; and the city off
<br />may reserve but f any allowance made on
<br />in favor of the contractor or 14t assigns, or out of the amount due im or his assigns upon tht:
<br />of the work, so much as mai �cessary to pay_ all laborers or tenmen foie amounts dui_
<br />work done or materials useu yr :urnished to be used in the perfor ante of this contract and the m
<br />acid wort[+ and the county treasurer, acting as city treasurer, may retain money collected from
<br />owners assessed €or said improvement to pay such debts or until the contractor shows that they
<br />mid or satisfied6 We
<br />ear*ti, anal un�.std aterial in the strt.-As or sides c.,_ oof
<br />man the eompie inn the imnro,r9m ::,t or the repwring thereof.
<br />The work of Tokirg such improvement shall be completed accorc ing tothe terms of this contract on or
<br />before the., t .da of.
<br />unless. the time for the cor^o ;t ...............�..... ........ y .Na almher,..l9.19...... 19.......,
<br />1 on of the sar,e shall be extended in :°iting by the Board of Public Vilorts,
<br />And it is agreed that any such eaten -ion of time, or any alteration of his contract or of the manner or meth-
<br />od o£ doing such work shall in no way aftect the duties, obligations o liabilities of the contractor or his . e,
<br />ties. ti.
<br />It is agreed that the contractor shall. not assign this contract, or sub -let the work or any part thereof to
<br />be'done hereunder, withoat the writren cons Ant of the Board of Piib is Works. r °
<br />it is further agreed and stipulated that.'aa contractor shall Div to residents of said city and county
<br />° preference in the employment of all labor necessary in the performa ce of this contract, and failing to do sq,
<br />shall forfeit to the city the sum of ten dollars for each -failure to observe this stipulation. And upon the performance of all the terms and conditions of thi3 contract, and things -to be done and
<br />performed by said contractor the said city agrees to cause the cost o doing such work to be assessed; col-
<br />lected and psad to said contractor in the manner fixed by the statute g verning the making _o€ such ,im�o -
<br />meats,
<br />To each Of the conditions and stipulations of this contract, includi g all and singular the pro* ons -ate
<br />tertrms°of the,plans, profile, specifications and resolution aforesaid, th undcr*igacc binds himself' or itself,
<br />nr..d the respective successor or assigns ot such parties.
<br />IN TESTIMONY WHEREOF, We, the forego g named parties M*t
<br />out hands this 13th., day of August 1919.
<br />HARRY N. BARNES
<br />CITY OF SOUTH BEND, INDIANA.
<br />BY G. A. ELLIOTT Contractor.
<br />SARVEY'F. ROSTISER
<br />JOHN F. DEHAVEN Its . Board of Pubolic Works.
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