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The following bonds and contracts were approved by the Board.
<br />PUBLIC WpROVEMENT CONTRACT
<br />This agreement, made s � entered into this 8th. day of Ma -L
<br />byl and between J, B. Ba"rnes of *,he County of St. Joseph and S�t,ate of ,Indiana of-
<br />after referred . to as the " Contractor".) 0 and the City of South Bend, in the County Of St.
<br />Joseph, and Stai,e of Indiana, i y-and_ through-iis_Boar-d--of Public. Works (hereinafter referi
<br />to as the " city"), under and by virtue `of an Act of the General Assembly of the State
<br />of Indiaralt entitled " An Act Concerning Municipal Corporations," approved,March 6919059
<br />and all amendatory and supphemntal acts thereto;
<br />Witnesseththat, the contractor
<br />©
<br />Genants and agrees to construct.. grade, curb and walk on 0,;ftten Street from Prast
<br />Street to south line of Melrose,Addition, under IMprovement Resolutuon No. 1124. In the
<br />C itJ of South Bond' Indian at and for the following prices-
<br />1229 lin. feetof curbing or lin ft...........••••••.4©
<br />5625 sq. ft. of sidewalk per sq. ft................ .16
<br />1229 cu. yds. of grading per cu. yd.............. .85
<br />�411d to -perform all work in the prosecution of said iim ovemerty;tn4et- At *e %rtm sod vou�
<br />ditions of improvezr!ent *esoht loft i�t�. _ � — yadoptect by a hoard of Public, i 19�3 •
<br />ana jn the office of the ijepartrrrent of Public VtTWorks.d the plans, profile anti specitcallons 96" a i sal
<br />resolution, plans, _ppr�o a 4rQd sgecM, cations are made a. part bereQf as, fully and effectually as if eobietl anc�
<br />set out 'herein atfall length:
<br />The. contractor furtlier ,expressly tovenants and agrees that in the pproseoution of said work all proper
<br />*tl be exercised; th-2t he ,<11 r• op°'' _ -- — __ o r t all excavations and dangerous places,
<br />skill and care
<br />and 41t rise a'! -due ar.d proper precalition tc sr)r , * :nj,l y +o ary person qi F. o, !`v, thaf jn the event of
<br />a4yinjury or da:ms.ge-resulting from the y or rem Atir.a from ?-v TM,+,t -,r or thingg connected`therewith-or
<br />arising therefrom, to any person or property, he -`II pay ark liquidate the same at his owrf expense, and as-
<br />1&me the liability therefor; anillin the event of any clairi ar claims being tnade:or any action or actions being
<br />brougTit against the by reason or on account of or growing out of =rd work or its construction, ih.� said
<br />tsia tractor- will M'his own expense defend the same, and c; ill pay any judgment recovered therein, and will in
<br />tesply uemtii and save harmless said city, its Officers, agents or .}representatives from all cost,
<br />�e ntat serovered' in connection with such claim or claims, action or actions. And #
<br />'� nw t ��. +' is begun, the city shall notifi the contractor of the pendency thereof,
<br />m any j ment rendyred agate the clity shall be coneiasift against flee contractor and apinst the surety
<br />,s ccerstructioii mod, a�i.t''ainoitui.aDiiii- and other matters ,pertaining thereto.
<br />And- the contractor $grees to n'rai.ntain said improvement and e_iake such repairs as may Le ,uecessary
<br />the period and'in the manner as fixed by the specifications, and to secure the maint6nance and repair thereO.1
<br />-to file with the Boird of Public Works a bond with sufficient surety thereon and in an amount as fixed by the
<br />Specifications. And -in doing sucb Repair wor'� the contractor and the surely on his guarantee bond shall be
<br />subject to the same liability, to the -city and any -other person for any injury..or..dRmage to any persort or prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />And it is further agreed by and between said pdrt':z!s that the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall not constitute a waiver onthe part of the city of any of the provis-
<br />tons of this contract, nor shall it release said contractor or the%sureties on his bond for the faithful perform-
<br />ance thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of this
<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 making 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 may reserve out of any allowance made on any estimate
<br />in favor of the contractor or h:c assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much u may. -cessa y to pay -all laborers or material men for arAounts due them for
<br />park done or materials used o� jurnished to be used in the performance of this detract and the doing of
<br />Said work, and the county 'treasurer, acting as city treasurer, may retain'`mongy, colte.ted from property
<br />owners assessed for Wd iirfprOwefat11t'tb'pa j, such'debts or until the contractor snows that they have been
<br />paid or satisfied
<br />e cc.:, to renii, - aft ru,==�i�. eartin. and uni.sed'material in the streets or sided theru4
<br />b.
<br />upon• the completionf ,f the irnnfo-2m_:it or the repa=ring thereof.
<br />- The work of making such improvement shall be completed according to the terns of this contract on or
<br />13efbre'-........ ___ ----- ------------------------ day of--------------- -- -------------- - 19.........
<br />unless the time for the com_pletron'of the sar shIaTl be extended in writi:.g by the Board of Public ZWorl�s.
<br />And it is agreed that any such externion of ti,»2, or ary altera`ion of this contract or of the manner or m
<br />ffeth-
<br />od:of doing such work shall in no way affect the duties
<br />ties. , obligations or liabilities of the contractor or his sure -
<br />It is agreed that the contractor shall not assign this ( , , `ract, or sub-Iet the work or any part thereof to
<br />be done hereunder, withovt the written cone -^t of the Board cf P::')lic Works.It is further agreed and stipula—d. that ;-7,, contractor shall give to residents of said city and core rty
<br />preference in the. employment of all labor necessary in the performance of this contract, and failing to do so.
<br />shall forfeit 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 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, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making
<br />Snents. of such iinprove-
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />terms of Jhe .plans, profile; specifications and. resolution aforesaid, the undersigned binds himself or itself.
<br />and the ri�pective successor or assir_.s of such: r•art es. '
<br />In Testimony Whereof, We, the foregoing named parties, hereunto set
<br />our hands this 8th, day of May 1923. ,
<br />CITY OF SOUTH BEND, INDIANA. JE8._SE N. BARNES
<br />Contractor.
<br />BY L. B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F. HONER
<br />Its Board of Public Works,
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