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The following bond and contract a•-pproved.
<br />i
<br />Public Vmprovemi!nt Contract.
<br />This Agreement, Made and entered into thislst. day of November 1922
<br />by and between H. N. Barnes of the County of St. Joseph and 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 Board of Public Works, (hereinafter
<br />referred to as -the " City"") ,-under aha-by vittue-of-an`AcL of the General Assembly of
<br />the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved
<br />March 611905, and all amendatory and supplemental acts thereto:
<br />Withesseth, that the
<br />contractor covenants and agrees to construct grade curb and walk on Eckman Street frOm
<br />Michigan Street to Vandalia R.. R, in the City of South Bend, Indiana at and for the
<br />follwing. prices:-»
<br />1085
<br />lin. ft. of
<br />curbing per lin
<br />ft.............0 30
<br />1009.cu.
<br />yds. of
<br />grading per cu.
<br />yd. .60
<br />5695
<br />sq. ft. of
<br />cement walk per
<br />sq. ft. .13
<br />and to perform all work in the prosecution of said impsrovem-ent under avFo, to tlic tr J�J',tg *,�qa c
<br />.e
<br />ilttlana o£ pro r + ect i�epelittiori oA ..o .__ adopted by the-BnPird of Ilubli +�i7m,�°Icy rl�a� I �,1922
<br />. t tc darts, farftdle and s ec ft�atic� s file m 71 e office of the Dept: tment of Public �� oAti s, �, i 1; s 4i
<br />Tapplationt plans, pr0flle, Pit d specifications are crude a part hereof as fully and effectually at if aw!
<br />��t (�i11� �te.rst�► ax #ixlt lenttt.
<br />Ths 1;orttrarOr fuiifier expressly covenants and agrees that in the prosecution -of said work -Pith t.;,oper
<br />� iii andr .l'11 r'rili be e is d, that he
<br />prop '�F .., .r : ci p- o�^ct all excavations and dangerwis place 9
<br />and will tusfj all duct and propor precaution to�pre-V.nat injury t., r.y person or p:^,)nArty; that in, the ev �.at
<br />gil,� #iijitt l d6 rta4ti t'ttsikllirxi rom the Ivor.:_. or resnit_irg from ° y ?ratter or thing, connected tltertnvitlt or
<br />al'lki4lfl tti i' li i�rtt, tt� airy 1>et"son or property, he • ��ll rav ar 1 !ie .idate the saxr;e at his own expeme, and �.s-
<br />Cgwo, tliti llRbifily tlhorofor and in the event of any claim or claims being rriaiie or an ac-ion'pt actictnti being
<br />rwilt�'ht n1y4'M tact city by reason or on account of or gro�sving out of s, . work or -its construction, tlae s_zid
<br />golitr t tzar will at lift, vvvn e;t petise defend the same, and trill pay any judgment, rocolered thc;rein, and will in
<br />itil rx=;;tilt€ r`t (idly ►tidelatiff;y' and save harmless said city, its officers, agents or repzesentatives from all cost:
<br />;t iy. itietit or jttdtriant recovered in connection with such claim or claims, action or, artiorts. And i
<br />'lvdhiu tvii dttiyd af'tor any such action is ;begun, the city, shall notify the contractor, of the pei R r.cy tb..Qreof,
<br />tli Vi 0.tl jud,,gtwat rendered against the city shall be conchisive ag-ainst the contractor and against the surety
<br />Oiti Wx brmid, as to tb- amount, liability and othzx rnatters pertaining thereto.
<br />.&na the con rac: or agrees to niailntain sai(1 1111)17U ..... xA'L =i i
<br />the Period and In the wanner as fixed by the a»Pcifications, and to secure the i-naiatcuance a.i-u repair L,: .
<br />to Me with Via Board of Public Works a bond wyv th sufficient surety thereon and in an amount as fixed by t ._
<br />�pecfficatfons, -Arid In deitig sttch repair Nvorle the contractor and the surety on his guaratitee bond shall be
<br />(lubject to the saute litt,bility v) the city and any other person for any hijury.or damage to any per, a or prop -
<br />arty in the same unsttirier chid to the slime extent as is fixed in the last preceding .paragraph covering the tali;
<br />stritctfon work.
<br />Atld It is further agreed by and between said-perVits that the acceptance of the work provided for in ibis
<br />contract, or the payment thereof, shah riot constitute a waiver on the part of•t-he city of any of the provis-
<br />Ions of this contract, nor shall it release said centrsacior or the sureties on his bond for the faithful perform-
<br />&nee thereof; nor shall the acceptance be prima facie evidence of the performance of any provision of. this
<br />contract, except tQ the extent of entitling the contractor to the contract price therefor.
<br />The eontractor 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 11tt; assigns, or out of the amount due him or his assigns upon the. completion
<br />of the wo&, so much as ma3 ,cessary to pay all laborers Or mateeriai men for amounts due them for
<br />work done or materials used or furnished to be used in the performance of this contract and the doing of
<br />saidwork, and the counter treasurer, acting as city treasurer, :nay retain money collected from property
<br />owners assessed for said improvement to pay such debts. or uutif the contractor shows that they hate been
<br />paid or satisfied
<br />ab.-ees to remo--e all rubbish, earth, and unused material in the streets or sides t?tere�t
<br />upon the completion of the improvement or the repairing thereof.
<br />The work of training such improvement shall be completed according to the terrris of this coatract on or
<br />beforethat:._. ...:............................... .. ...... _.day of ..................................... ....... •---- --.. .._ _...--_.., 19.......
<br />••M
<br />antem the tirre for the completion of the sar-e shall be extended in w ritf. g by the Board of Publ,c Works.
<br />And it #s agreed that any such "tension of time, or ary alteration of this contract or of the inanner 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 />-tins.
<br />Itie agreed that the contractor shall not assign this '-ract, or sub -let the work or any part thereof to
<br />be dotte hereunder, wit:hotif the writ/en co n.t of the &_. rd of Publ+c Works.
<br />It is futther agreed and stipulated that t',� contractor shall give to residents of said city and coimly
<br />preferenct- in the employment of Pill labor necessary in the performance of this contract, and failing to Oo so,
<br />shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation.
<br />And upon the performan,ct of all the tennis and conditions of this contract, and things to be done and
<br />perfermed by said contractor the said city agrees to cause the cost of doing such. work to be assessed, col-
<br />eeted and paid to -said contractor in the manner fixed by the statute governing the making of such improve
<br />tin its.
<br />To each of the conditions and stipulations of this contract, including all and singular the. provisions and
<br />terris of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself
<br />-And the ra+:pective successor or assi-zus-of such. vartiec. '
<br />In Testimony Whereof, We, -the foregoing named parties, hereunto
<br />set our hands this lst. day of November 1922. -
<br />CITY OF SOUTH BEND, INDIANA. HARRY N. BARNES
<br />BY L. B. SLAUGHTER Contractor.
<br />L. A. HARDY
<br />ALBERT F. HONER
<br />Its Board of Public Works,
<br />
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