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257
<br />_ Tuesday July llth., 1922. Continued.
<br />Occupancy bond of Bedford Stone and Construction Company ordered
<br />released on the building- at the carrier of La Salle Avenue and Michigan Street.
<br />Excavation bond of Philip Cohn for 111,000.00 approved.
<br />Res 1 ti orda ed f r em t o Stull Street from Michigan, Street to
<br />Ma in Street and f Res Wyk ffreet; �o L&Ky t�e �Rreez.
<br />Communication recLeived from A. W. Subberra objecting to concrete
<br />walk being built oai�pperty at 1146 Cleveland Avenue and requested City have same moved.
<br />Board instructed clerk to advise property owners that he must remove
<br />wa 11 fr om City Property back to his line.
<br />The following bond and contract appro ed by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into this 7ty. -day of July 1922.
<br />by and between H. N. Barnes of the County of St. Joseph and State of Indiana (hereinafter
<br />referred to as the " Contractorl .. )_ and. the City of South Bend, in the County, of St.
<br />Joseph, and State of Indite, by and through its Board of Public Works, (hereinafter
<br />referred to as the " City"), under and by virtue of an Act of the General Assembly of the
<br />State of Indiana, entitled An Act Concerning Municipal Corporations, &pproved March 61
<br />1905, and all amendatory and supplemental acts thereto:--
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />grade, curio and walk on Bergan Street from Portage Avenue to Olive Street, in the City
<br />of South Bend, Indiana at and for the following prices:-
<br />4235 lin. ft. of curbing "per lin ft. $.28
<br />4a18 cu. yds . of grading per cu. yd. .so
<br />21175 sq. ft. of cement sidewalk per sq. ft. .13
<br />and to perform all work in the prosecution of said impzavein-nt tinder Pmd according to tke tames scud con-
<br />ditions of Improvement Resolution No. ._..- . 0...--.._..._-_. adopted'. , c Be rcl of Public WorksM
<br />and the plans, profile and specifications on file in the office of the' ,pa anent of Public Works, whuc� sand
<br />resolution, plans, profile and specifications are made a part he e ' a lu , `, and effectually.. as if copied and
<br />set out herein at full length.
<br />he contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and care i11 be exercised; that he ll prop�r'.v .-' s^ri P- t all excavations and dangerous places,
<br />and will use all due and proper precaution to pr2vc- injury *-) -:-ry person -or pro^erty>; that in the event wf
<br />any injury or damage result.:g from the war'= or res"i`'^g from a~v mitter or thing connected therewith 'or
<br />arising therefrom, to any person or property, he v-=11 nav are. 1-ic- idate the same at his own expense, and as-
<br />sume the liability therefor; and in the event of any claim or claims being made or anv action or actions being
<br />brought against the city by reason or on a.ccount of or growing out of sn-id work or 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 />C.xpense, payment or, judgment s occve; ec in. connection v ith such claim or claims, action or actions. And *f
<br />within ten days after an suct actin:, is begun, the city shall notify the contractor of the pendency thereof,
<br />thnrl any judgment rude; •' '_; ,.ins': tr,c ci± sl-ia_ be. conclusive against the contractor and against the surety
<br />on his c slur c0i� hc_ , �> L %ham az y ' and other Aaatters pertaining thereto. ,
<br />And the contractor agreas to maintain said improvement a.nd make such repairs as may be necessary for
<br />the period and in the znenzaer as fixed by the specifications, and to secure the maintenance and repair thereof
<br />to file -with the Board of Pulelic. Wcrk� r_d with sufficient surety thereon and in an amount as fixed by the c
<br />specifications. And in doing sucl elm;_ '-=ti ti. contractor and the surety on his guarantee bond shall be
<br />subject to the same liability to tlae city a.r_x. _• 7 user person for any injury or damage to any person or prop-
<br />erty in the same manner and to the amrn +.<- as is fixed is the last preceding paragraph covering the con-
<br />struction work.
<br />As-d it is further agreed by and betwtz. ::•ia part=:es tk t the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall n cc �i t tc a waiver on the part of the city of any of the prov6=
<br />ions of this contract, nor shall it release _t� ,r 6r tlae sureties on his bond for the faithfLit perform=•
<br />ante thereof ; nor shall the acceptance be pr:r=idperformance � f - evence of the perfance of any provision of thi
<br />aers
<br />contract, except tq the extent of entitling the ccn_traxtor to the contract price therefor.
<br />The contractor agrees to pay for all labor and ri:3terials used or furnished to he used in tke making of
<br />such improvement and in the performance of this contract, whether done or furnished for hint, 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;, assigns, or out of the ar fount due him or his assigns upon the cowapleticzi
<br />of the work, so much as may-cessary to pay all laborers or urmateriai men for amounts due them for
<br />Work done or materials used or furnished to be used iii the performance of this contract and the doing. of
<br />said work, and the county treasurer, acting as city trc s:`_rer, play retain money co. . 4—d from, property
<br />owners assessed for said improvemeat to pay sacii its or , *fir. cs..;:_.., .r :& a$ tpAt tkey h&&Vc b""
<br />pai r satisfied y
<br />ITRe contractor agrees to r@iiio;'-y all mbl5i3h, each. anti r:Mv?sed , trRiei ins Inc '.4tteeva
<br />1 #p plation bf fhb p= srRment or the repair rig thereof.
<br />Thft W06 ®t W441"N 640% lf"VrDvoklent S%RV be completed .:. , : uia t c Of
<br />Wove fop ==== _ •._.u,:w of-------------- 13 ,�
<br />milell the t}fie off tht cw ple'll4a of the sarrr shall be extended ix wr t --r try tine Sc> 1d 01 l.uiltic ��Norke,
<br />tad 11Rf�Pd Wit 9ftY 90h a �('i,�t_Eiii of ti�iC;, oI any alteration of ti s c:...tract or of to t=1Finer or t�etlk<
<br />94 of 4@itiq (itieh work @hill 11 do way aff`,(;t the duties, obligati-ns or liabilities, of the contvutor tit his l lo;.
<br />fjfo, f -ract. or sub -let the work or an art thereof tk
<br />�i 1� ��r�t� fhlit the f(�tttrt�� Pt �li.bll not assign this y P
<br />�+ # E weip"oldet, kV-ltho t the V; i ~n-eai tar of the b _rd of P;-)lic Works.
<br />j� flltthot 49tetA ttr,d Ei,ittl + tb t . contractor shall give to residents of said city and, zte
<br />t s�� W1 the eiriplovww-flt r'f 01 lth-01 in the performance of this contract, and faihiig t:
<br />� sit fit jt t the fit the spa f lets i °JArs for each faiitire to observe this stipulation.
<br />fi` I 5.y0ft the of all the l "iris and conditions of this contract, and things to bQ done 1Tt.
<br />1114t - t3y, r Mid tot aAttc 1 the said city ag rees to cause the cost of doing such work to be assessed, eol-
<br />_...tt the tt,._..a:c fixed by the statute governing the making of such improve
<br />t,at�
<br />5 E t ' 3 `it �' $: is contract, include o all and size dial' the .pro S'ioF3$ 'A,n<,
<br />} 1.�,'.plaaykaa _motif--tl ..* aid re,-Ji]tlo} 4it,_.,..;.3 t :•T x•1`:i T'. 7(I's "im'seff or M ifs
<br />e
<br />"'N VA Oi gig"-o> o ��` salt of Such 3a.rties.
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