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<br />PUBLIC IMPRO E,1ENT CONTRACT.
<br />This Agreement made, and entered into this 23rd. day of September
<br />1919 by and between.H. N. Barnes of the County of St. Joseph State of Indiana,(hereinafter
<br />referred to as the " Contractor"), and the -City -of South Bend, in the County of St.
<br />Joseph, and State of Indiana, by and through its Beard of Public Works (hereinafter
<br />reffered to as the " City"),, under and _ by_ v irtue of an Act of the General Assembly of
<br />the State of Indiana, entitled " An Act Cnneerning Municipal Corporations," approved
<br />March 6,1905, and all amendatory and supplemental acts thereto:-,
<br />Witnessetb, that the contractor covenants and agrees to construct
<br />grade, curb and walk on Humboldt Street from Diamond Avenue to Portage Avenue, in the
<br />City of South Bnd, Indiana at and for the following pr ices: -
<br />1380 list. ft.-of curbing per lin ft................$*32
<br />1181 a u. yds . of grad ink per cu. yd......... . 525
<br />6800 sq. fit. cement sidewalk per sq. ft........... .145
<br />and to perform all work in the prosecution of said improvement tinder and accordinK to the ter is and wn-
<br />d1doft§ of Tmprov@trent Solution No...... ............ adopted by the Board of Public `1Vor1k9` -1
<br />-72244919.
<br />gfid th@ pl4ng, profile s.nd pecifcations on file in the office of the Department of- Public Works,, wFiirh said
<br />esol# tler�i pl rt®,, pprofile ant specifications are made a part hereof as fully and e:`-fectually-as° if. copied an
<br />S@t. ®dt h6min at (lull length.
<br />T'tie contractor further expressly covenants and agrees that in the prosecution cif. said work all proper
<br />@k111 grid care v;i:l tie exercj'ded; th-t he ail- excavations an dangeroiis.
<br />end i 111 Use alt-due t,..rd prcper preew+ition `to pr.ve::t ii�,u;-y +) ry person or p-o^ ,rty that f-t `'.:e event ^
<br />imy Injury nr damage resulting from the -wnr': or res;il`t g from a•-y t+er or thing connected there�v tll or
<br />ariging therefr©m, to any per§on or property, he -�11 nay and liciriidate the same at his own -expense, and as
<br />afire the liability therefor, and in the event of any claim or claims being made or any; action or actions being
<br />bm.ight ags.irl8ft'he'city, by` reason or on account of or'growing out of s-..id y,'.ork br its construction, the said
<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 />akpOnse, payment or judgment recovered in connection with such claim or claims, action or actions. And 4within test days after-arity such acdon'is begun, the.eity shall notify the contractor of ti2e pendency thereof,
<br />tlikn any Judgment rendered against the city shall be conclusive a.gamst the'contractor and against the surety
<br />CIA lets cdlvAtrnction bond, as to t1- amount, liability and other matters.pertaining thereto,
<br />r .__:i the c i r .cr a r °es to _ _ t,. _aln
<br />the.lic'.1'iod and in the manner as f fed by the sppci`)..a1ions, a d to Sit iC , _,c j ialtl '1L t ;,
<br />`.to file with the Board of Public Works a bond with;sufficient surety the_,coi and
<br />a} cif .a.tionS. And in doing such relx3ir'work the contractor and, the surety o;'i bi: g)laia;te lhn�d s i:,i
<br />,r bj,°ct to the sa.i ie liability'to th.e c ity and airy other'p rson for ally 1} ry cr, d o ly p ;,
<br />rrill the lc. I1;ailller and to the ,.sine e> itcnt _ s is fi Xed ill the last precc:dtnr; 1' _:. 1
<br />t.y e')
<br />A�,J it is fitt-tl:er agreed b an 1.�'c� �.z sxi anti that i, a t' y d p es t. t t._e cc l;..ilc�e of n, �,vot-13 „Je � '�:�t i!, i -
<br />1 t li t'ztt;t, OI" 1�he payliieilt t11CrnOf, si-r?il not COnst7ttitc', a waiver on the part Ot }I'- (. �r Ol C� ^�y i 1 �'. �; -
<br />4 ,i!zi of this contract, nor shall it release said con-tra.Ctor or the sureties oil Hs boi'-rl ie)t
<br />tlie,;.'f:Of; IiOt' Si13ll the aCCeF)tat1Ce ll.e p;,,,a-fa,cte eY1C1et1Ce Of the 1>ere)r-:is;,,�'.0 OC A,'iy pt'UY7.`;'Ut .
<br />r.c ;lf la t, except to the e_ctent of entitling the coiitiactor to the contract price 0, to or:
<br />The coel4:ractor agrees to pay for all labor and materials used or furnished to be used in the tnak; :� o
<br />such i :ioro-vetnent and in the performance of this coat:a.ct, w'iether done or furnished for hiin, or his g r t
<br />as_=igllee, successor or subcontractor; and the city may reserve out of any allowance im de on any estt, - ,1.e
<br />in favor of tkle contractor or i assigns, or out of the amount due him or his assigns upon the cotcipiet:ion
<br />Of the work, so rt:uch as mal cessary to pay all labcre,s or mat?rial men for z.r, ct.nts clue thin for
<br />work done or ,materials useu :itrnished to be used in the perfor.rlance of.this colt act and thl� rioikig o€
<br />said t,-Or, and the county t. :1 'T', uCt .li- as city tr--?.surer, i 1.1J retnln n oacy c—, "ed fmm property
<br />Olin", ,,S 2s''SSvd for said ,t` x ..>: ttO _'}' Z �. .'S "'i 1.1 �. ;C' Y'i; at y, ,y
<br />l _e co.: a flare s m relno a?l ru itin, ear:.;;, and unined material in the strt<;ts or si.Jr. s ' > l r7$
<br />upon the completion of the improvement ol; the repairing thereof.
<br />The work of making such improvement shall.be comaieted according to the terms of this contract on or
<br />beforethe ---------------------- --------__dav of----------------- -- --- ---------------------- ................ 19` ....;
<br />rtniess the time for the completion of the sar shall be extended in v ;ti _g by the Board of Public Works,
<br />And it is agreed that any such extension of tits, or anv alteration of this contract or of the manner or'meth-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor shall not`a.ssign this contract. or sub -let the work or any part thereof to
<br />be done ---hereunder, witho ,t the w it.en co =1t of the Board of Public Works.
<br />It is further agreed and stipulated that, t'w, contractor shall_ give to residents of laid city and coltnfy
<br />preference in the employmFrit of all labor ecessary in the performance of this contract, and failing to-do so,
<br />shall forfeit to the city. the sum of ten dollars &or each failure to observe 'this .stipulation.
<br />And upon th>• performance of all the terms and conditions of this contract and things to be done and
<br />performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, � of
<br />lected and paid to said confractor in the manner fixed by the statute governing the making of such improve-
<br />:ments.
<br />To each of the conditions and stipulations of this contract, including all and singular the provisiorts :, n_d
<br />terms of the plans, profile, specifications and resole*ion aforesaid, the undersigned binds_ hil�iseif or h . {
<br />and the respective successor or assj:�-,a's of. such r.a-t-es.
<br />Ir. Testimony Whereof, We, the foregoing named parties hereunto
<br />set our -hands -this l.8th. , day of September 1919.
<br />CITY OF S Ott TH -BEND, . INIS IANA.'. - HARRY. N. , BARNES'
<br />Eu
<br />G. A. ELLIOTT 'Contractors
<br />HARVEY F. RJOSTISER
<br />Its Board of P>.xbl Ve W€;tir`iCs
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