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5 0;
<br />Wednesday August 1st., 1923. Conti_ hued.
<br />The fallowing bonds and,contrgets were approved by the Board.
<br />P Putolk Improvemmt Contriwt
<br />80,60rod inton0fle _�W&. 1W Rod bo two on _!_1L__
<br />H. N. Barnes
<br />St. Joseph Indiana
<br />.
<br />® l�llili►tttitapit►•il��ttLtA®lrrrrr�r�r��.I�r�•ttrre-rra+�,rrr�!�-�t�q
<br />VOOFF64 to as the 'Contractor! ! , and the Mr, of South Bond, in
<br />€ 0 fit, JaNsph, Od hate of Indianat by and through its Board of Public
<br />® 6i - of ra ee-rod to as the City I I) , under and by virtue of an Act of
<br />�f Abblibbbly off` the Sto.to of Indians.. entitled I I Pm Act ConcerningMunicing
<br />approved March S, 10051, and all amendatory and sugylementea
<br />Witnesseht, that the contractor covenants and agrees to enstruct
<br />grade, curb and "'walk on Colfax Avenue from Ei line of Sunnyside Avenue to west
<br />line of Sunnyside Manor in the City of South Bend, Indiana at and for the fellwing
<br />Prices:--
<br />254 lin. ft. of curbing Per lin ft 5 X 7 X 16.......9Se40
<br />1180 sq. ft. of cement walk Per sq4 ft. .165
<br />1070 Cu. yds. of grading Per eu. yd. .48
<br />and to perform.ali work in the prosecution of said improvement under and according to the terms and con,
<br />ditions of Improvement Resolution No.adopted by the Board of Public Works.. Agri 1 ?. ,1923 •
<br />and,the plans, profile and specifications on file in the office of the Department of Public Works. which said
<br />resolution, plans; rofile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work till proper
<br />skill and care trill be exercised: that he W-411 proper'^ _ �-` ?! 'd p- o`�ct all excavations and dangerous places,
<br />and .ni?l use al! due and proper pracadtion to nrev ^t injv.--v to any person or pro.^erty; that in the, event 91
<br />oily injury or damage resulting from the wart- or res='lti front a.".v matter or thing connected therewith or
<br />arising therefrom, to any person_or property, he N- 11 ay ar^. Jicuidate the same at his own expense, and as.
<br />sume the liability therefor; and in the event of -anv claim or claims being made or any action or actions being
<br />'brought against the city. by reason or on account of or growing out of said work or its construction, the said
<br />contractor will at his own expense defend the same, and vnll .pay any judgment recovered theiein, and will in
<br />all respects fully indemnify and save harmless said 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. And if
<br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />then any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on his copstruction bond, as to th- amount, liability and other matters pertaining thereto.
<br />P nd the con Tractor agrees :c was 3 ain said improvement and wake ouch repairs as may to xtecessaty
<br />the period and in the manger as fixed by the specifications, and to secure the maintenance and repair therc6"
<br />to file with the Board of Public Works a bond with sufficient surety thereon and in an &rdount at 'fixed by the.
<br />specifications. And in doing,such repair work the contractor and the surety on his guarantee bond shtill he
<br />subject to the same liability to the city and any other person for any injury or damage to any penoft or prop
<br />erty th the same mariner 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 dirt*_s that the acceptance of the worst provld@d for its this
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis-
<br />lons 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 estifnate
<br />in favor of the contractor or 1: assigns, or out of the amount due him or his assigns upon the coistPletion
<br />of the work, so mucl: as nia-N cessary to pay all laborers or material men for amounts dice their for
<br />work dmt or materials used or furnished to be used in the performance of this contract and the ng of
<br />said worst, and the county treasurer, acting as city treasurer, maj, retain money g6llelted from propartir
<br />owners assessed for said improvement to pay such debts or until the contractor allows that they have beef'
<br />paid ar satisfied
<br />'i lie coov-a *or agrees to.remo all rubbish. earth. and unused Mst@iiAl in tilt Awma of slidel ftfed
<br />N11z7n the completion .of the improvement or the repairing thereof.
<br />The work of making such improvement shall be completed aecordillo t@ th@ t@FM4 Of fhjll fofltrt so t
<br />beforethe ........... --.......... _-......---------..---------------- ----------- ------ dav of..�,,._______�, :,:.:��:.�::::—::.::.— _, � :z: - � - :4
<br />unless the time for the completion of the sar,,e shall be extended n w. tin g by f4 �i6A of �fiiij+� t� lie
<br />And, it is agreed that any�such extension of time, or any alterA.0on of this C�rfiact of; of th@ ifilihhsf Of lfil by
<br />od of doing such work shall in no way affect the duties, obltga€togs or llahiiltles of th@ wi€rash®€ of his si to
<br />ties.
<br />It is agreed that the contractor shall not assign this t--,j tract, or sublet the work @f any Daft thsf@df to
<br />be done hereunder, without the w riv_en cons mt of the Board of VOille Wofk&
<br />It is further agreed and stipula*ed th?t r.6A contractor aha,ll give to €esldeiifs of said My mid a hty
<br />.preference in the employment of all labor necessary in the performance of this ebfitiact, and 'oiling to de lie,
<br />Shall forfeit to the city the sum of ten dollars for each failure to observe this stipulatioft:
<br />And upon the'performance- of all the terms and conditions of this cdnttaet. And thingo to be data a
<br />pperformed by said contractor the said city agrees to cause the Cost of doing stick irefh to he stsscsse , cif'
<br />ieeted"paid to said contractor in the manner fixed by tits statute governing t M ttg Of 6itth IMPOV i;
<br />meats.
<br />To each of the conditions and stipulations of this contract, including all and, fiftigttlat the J'&TV>f 'ah
<br />terrors of the plans, profile, specifications and resolution aforesaid, thu ttrtdessisard bind i fll4ttseltf Of It j
<br />And the respective successor or assigns of such rant=es.
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