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<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement , Made'end entered into this 23rd.-day of September 1919.
<br />by and between-H. N. Barnes of the County of ,St. Joseph and State ,of Indiana(herainafter
<br />referred to as the " Contractor"), and the City of South Bend, in the County of St.
<br />Joseph,, and State of Indiana., ;.:byr and through its Board of Publid Works,( hereinafter
<br />referred to as the " City"),- under and by virtue of an Act of the General Assembly
<br />of the State of Indiana, entitled !: An Act Concerning Municipal Corporations,"
<br />approved March °6,1905,* and ill amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to construct grade,
<br />curb and walk on Beale Street from Portage Avenue to Kessler Blvd. in the City of South
<br />Bend, Indiana at and for the following prices:- `
<br />980 lin. ft. of cubing per lin ft..............$.33
<br />1349 cu. yds. of grading per cu. yd................95
<br />5115 sqo ft. of cement walk per sq. ft.............15
<br />uald to perform alf worn in the prosecution of said improvement under and according to the t: n -•is e,on-
<br />di"'sons of Improvement Resol+xtion No......_.7a------------ adopted by:the Board of Public W�r1rs...,.SCptembcl^ 3,19?9-
<br />and the plans, profile a.rd.spPcifications on file in the office of the 'bepa tzr-ent of'Puhlic W.crks,, wrich said
<br />resolution, plans, profile and specifications are made a part hereof as fully and effectually as if dallied ane
<br />set out herein at lull length,
<br />con tractor further expressly covenants and agrees th�.t in the prosecution of said worlc all proper
<br />strill a. d care --. �'l br exercise i; tl the ''1 n-on - i r o` ` all e�:ravations and dangerous places,
<br />and'`;'l use c'{ dn- and pl—per Fria `iQn f7 Qr` V t f 11'•1 y ") : y per On or � ! ^ rct� ti,l;t i'1 *t.n EYSYit r j
<br />atiy injury or damage rest.':=ing from t'zP v or rc nl`:,g from a-y —pier or tiIlg connn^.--d the.reivi-Ti or
<br />arising therefrom, to any persn-i or propi�r`p, he •�11 nay a-,�i lir:iidate the same at his own expense, and a.s-
<br />sumt the liability therefor; and in the event of any claim or claims being made or any action or ac6ons b^'
<br />brc_lght :against the city by reason or on account of or growing olit of �--mid wor'r. or its constrtiction, ;; s'21
<br />contractor will at his ,own expense defend the same,and will pay any judgment recovered. therein, and vv i i
<br />,,,all respects fully indemnify and save harmless saidl 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. , Aad f
<br />within ten days after any such action is begun, the city shall notify the contractor of the pen1.en.cy ther f,
<br />th .n any judgment rendered against the city shall be conchisive against the contractor and ,against the surety �'-
<br />o.a his;construction bond, as to tl, -,mount, liability and other matters pertaining thereto.
<br />fl the contractor ag'reas to maintain said ii ipiorcment ar-ci zaaKe uciz ie�ais's as rnsy :;� i c � a
<br />to Affod and in the Manner as fixed by the s?.Pcifications, and to secur€ t'ie maintemaAce and repair there.;,
<br />e with the Board of Public Works a bond -with sztflicient surety thea'eon and in art ikmoUht as fixed b. the
<br />1poo c-Atlo a, And in doing such repair work the contractor and the surety en hi, gttattan>te hiofid st+afl be
<br />4ohleet to the same liability to the city and auy other person for any injury or ciattiage to tiny pet r
<br />arty In the fli4we tnaulle€r and to the: same extent as is fixed in the last preceding pets 'aplt Cott r; cg till e i•Y
<br />el't o€ti€ n work"
<br />33d It :further agreed by and -between said parties that the acceptance of tiro work e d doq Nl' j € 0 Ni
<br />€t tl+piste tltc paytttettt th,;roof, , khall not constitute a waiver on the past of the city o rA€iy of the paw ish;
<br />i€at €t of 0116 cotttrct, riot shall it rclea:.e said contractor or the sureties on Ilia bold for thij fgititltd
<br />AM-0 t1lo e-of 1 not` ahall the acceptance b:e prima facie evidence of the perf€�t'rmilcc of Ray PrOVl€ 0a of 1.4�.4
<br />tttlttcit cycapt to the extent of entitling the contractor to the contractpries therefor,
<br />Tht contractor agrees to pay for all labor and materials used or furnished to=ha used In the mA ifiof
<br />atich Improvement and in the performance of this contract, whether done or furnished for hit , or hlo a al'i t
<br />aaaiUttee, aucceaW, or subcontractor; and the city may reserve out of any allowance dada on auk` @oVywato
<br />In far of the contractor or )--- assigns, or out of the an.ount due him or his assigns upon the eo �l-fton
<br />of the`work, somuchas'Mal cessary to pay all laborers or material ,then for of ounts dim thew fog
<br />WOrk dOA4 Or materials ns;u ,,r furnished to be used in the performance of ties contmet otd it-, del�tg of
<br />said cud the ebotta t , trettsaarer, "az tiaig as city treasurer, rnaq retain t?nost 1;>>ted from prsp 'ft
<br />� ?i era aaa a ed ft .said 1t2sI3 c�tazent to pay such debts or vutTil-t.3c.efjotractc� s'iow's t1aat #€{: y r.yq t, r•'t
<br />It=fief $fit° ��ti��(i�i
<br />to rerri<> -,aIt ru> ,1311, earth, and un<:sed- matey sil itl -the Streets oi! .8idi i{.
<br />lip-011 th# CON-1plction ,of the iviprowtm�_nt or the repairing thereof. gg �tt
<br />Tips work of iraking such Itnprovement shall be completed a17Crd* t rh a bf this couttaott on
<br />hf-e ,, ,,,,,,,,,,2ri.-- --day 17 C
<br />- of -------......................, .,
<br />ttuiil�s .tho turf§ for the coti',p,etion of the sarle shall be e xtended in writi-.g by the Board .of. 00 Wo'rk's
<br />And it is sgrepd that any such extension of time, or any alteration of this contract' or of the manner or tuflthn'
<br />ad of doing Botch work shall in no way affect the duties, obligations or liabilities of the contractor or his eur®r
<br />ties,
<br />It is agreed that the contractor shall not ?:ssi. n this co+:tract, or sub -let the work .or any. part thereof to
<br />be dune h®rounder, 'utit'thoi+t the v,,rt+ en i,;o„ nr, of the Board of Public Works,
<br />It Is further agreed and stipulated that L. contractor shall gi=,e to residents. of said ci slid cotinty
<br />Wmferenca in the employment of all labor necessary in the perfort. arce of -this —c ntraA, anti failing to do so,
<br />ih ii forfeit to the city the sum of ten dollars for eac1 fail, re to observethis stipulation,
<br />And upon the performance of all the terms and- conditions of. -this contract, and things to be done and
<br />pplarftrmtd by said contractor the said city agrees to cause the cost of doing such woir� t4.k�e iassepsed, col
<br />lletcd and jaid to said.contractor in the.manner fixed by the --statute governing the makfhg of 'Vgh iMproVe*
<br />`ice fattat the mditions and stipulations of this contract, including all and singular OW provleions and
<br />t fit of thl Anne, profile, specifications and resolution aforesaid, tlhe urfd�rsigtleEi � s Mrawif or itself,
<br />d thl teepecti iut`€ Ss®r or
<br />as,
<br />sf s of� sari
<br />.In Testimony Whereof, We, tha, foregoing named parties hereunto
<br />set our hands this 23rd. day of 'September 1919.
<br />CITY OF SOUTH BEND, INDIANA.., HARRY N. BARNES
<br />BY G. A, ELLIOTT Contractor.
<br />HARVEY F. RNSTISER
<br />Its Beard of Public Works.
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