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593
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<br />The following bond and contract approved.
<br />PUBLIC IMPROVMIENT C00RACT,,
<br />This agreement, Made and entered"into thin 6th., J% of December 1922
<br />by and between H. N. Barnes of the County of St-. Joseph and State of Indiana (hereinafter
<br />referredato a's the " Contractor"), and the City of South Bend, in the County of St
<br />Joseph, and State of Indiams, Board of Public Works, (hereinafter
<br />referred to as the " City"),,under and by virtue of an Act of the General Assembly of
<br />the State of Indiana, entitled " An Act Concerning Municipal Cprporat�ons, " appro ved.
<br />March 6119059 and all amendatory andau-ppi<emental acts thereto:«-
<br />Witnaesseth, that the
<br />contractor covenarkts and a reel to aonstruot pipe sewer on Eck n Street from Michigan
<br />Street to Fellows Street, n the City of South Rend, Indiana at and for the following
<br />proces:--
<br />520 lin. ft. of 15 pipe per lin
<br />445 'in.. ft. of 12" pipe per lin ft. ...............2.80
<br />705 lin. ft. of 10" pipe per lin ft.........:.......2.00
<br />282 link ft. of 8" pipe per lin ft.................1.00
<br />928 tin, fto of 6 pipe per lin ft.................1.00
<br />53 lin. . of er lin
<br />1 stQrE11ftwater ,grates,manholes eapch,......o....a•..........15.00
<br />5 manholes curbs and covers, each .............�..920.00
<br />aid to perform all work in the prosecution, of said improvement under and accordln t4 the terms sad
<br />1082 November 22nd.1922
<br />ditions of Improvement #tesoll Lion No.._._....._ _; adopted by the Board of Puhlk `Vilorks.,,.w,o..,.�„.
<br />and the plans, profile and see¢ fications on file to Phi office of the Department of PAllo Work;. wt+lch se$
<br />resolution, plans, profile and specifications are made a part hereof as fully and eff'eptiialty as ,if copied and
<br />set out herein at full lens th.
<br />The contractor further expressly covenants and as:rees thpt in the.ptosecutton pf said worts sit proper
<br />skill and care r;Il be ex re snd; that -he .:'1 pron v � a �-ot r* all excavattorl and dangerous places
<br />aind oF,111 use all dve and: proper preca',t On to pr v A injury. t-) ,r_y person or p r� --r€y; that in the event
<br />any 3njtat°y car r1s.t ry. p resulting frcm t'ln ���o `' n r^s„1firo, frnm.a-.y m"tter or thllngg:c©nnected there'witt or
<br />arising therefrom, to any pers^-n or property, -h.2 z 4 n iy ar i lic��idate the sane at .His own expense, and as-
<br />sale the liability therefor; and in the event of any cia M or clafnas b"ing made or any action or actions being
<br />brought agsimt the city by reason or on account of or groi.�riiig out of s ,d `niil or its construction, the said
<br />contractor. will at his own expense defend the same, and Stull gay +arty judgment recovered therein, and will in
<br />.all respects fully indemnify and save harmless said city, its bigcersi agents or representatives from An cost,
<br />expense, payment or judgment recovered in connection. with such claim or claims, action of actions. And if
<br />within ten days after any such action is begim,.the city shall notifythe contractor of the pendency thereof,
<br />thai any judgment renderect against the city shall be conclusive against the contractor and igainist .the surety
<br />an his construction bond, as to tb- amount, liability and other matters pertaining- thereto.
<br />Pmd ilie covtractQr agTeP.S to 1maintain said improvement a:,u 1 .Si:: SUch repairs as w y
<br />the4er od acid in the manner as fined by the sn�cifications, and to secure the waintena.snce and repair then,!
<br />to t with the Board of Public Works a bonawith sufficient surety thereon and in an amount as fixed by the
<br />specifncationsi Arid tit doing *such repair world, the contractor -'Ind the surety on his guarantee bond shall be
<br />subject to the suvie liability to the city and any other person for any +njury,or damage to any pers {�i or prop=
<br />erty in the same manner and to the sr,trne extent as is fixed in the last preceding .paragraph covering the con=
<br />struetton work.
<br />Avid it is further agreed by and be*weer► said part'�-s that the acceptance of the work provided for in this
<br />contract, or the payment thercof, shalt- not constitute a waiver on the part of the city of -any-of the provis=
<br />iovts of this contract, nor shall it release said ccnrrk ctor or the sureties on his bond for the faithful perform=
<br />ittnte tbtrtof; tear shall the acceptance be priana facie evidence of the performance of any provision of this
<br />cvtitrsct 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 improvcment 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 od any estimate
<br />In favor of the contractor or 1�assigns, or out of the amount due him or his assigns uporr the completion
<br />of the work, admuch as mas •tessary to pay aIl laborers or i:na.terian men- for aviounts due them for
<br />work dons air materials used or furaished to be used in the performance of this contract and the doing of
<br />-said work, :and the, county. treas;trer,.ncting as city treasurer, may retain ,money collected from property
<br />,owners assessed for said improvement to pay -such debts or u_Ltit ilia cu.:tracter shows that they have been
<br />paid:op satisfied — -
<br />l..e ca.,L--a ... to remu -, all ru3??sli, earth, and ta.m}qedtrtnl i.4 t gtPee
<br />upon the completion of the ivn_os w,em2at or the repaIA4 Rb?#_itf,
<br />Wore
<br />work of ma.kirg siteh �mpr��rr►et►t shall bi cottvnie�ed s►et �� to -� lniftts of thtj 4 t et'f
<br />,l• e the-e....... ..- .. ............ -.sines .�...s. a.a � .,.,day of .ca<a�
<br />unless the time for the comp -toe t4t4en404 tit W04---t by the �os�� e ' ��jt� W44
<br />And it is agreed that any surh rxten,yion of 0nt, or 4"v nittt,000n of thty c; fplket or of the maltt3er of meth.
<br />od of doing such word shall in no way affect the dutiej, dbligstirit=s or 116111tiea of the cottiraetut or his sure$
<br />ties.
<br />It is agreed that the contractor shall not a:ssigtl this '-Y uHKk, dr bub-let #ht wont at any Part thereat to
<br />be done hereunder, withti+f the written cd d_tit of thp.l; -rd Li Public ittorles,
<br />It Is further agreed and stipntla}ed t!a..t ftj! con+ractor ihall give to realdents of said cif and comitypre:fer@nce in the employment of all labor nnec�ssary in the performa:ttce of flits contract, anti fn�nif to flit gn,
<br />shall forfeit- to the city the sum of ten dollars for each fsiltjre to observe this stlpuiation, .
<br />And upon the performance of all the ternts and conditions of this contract, and things to be doffs And
<br />pperfot n:} d by said contractor the maid city agrees to cause ttts cost bf doing such work to be assessed, eel=
<br />iccted 4tpaid to said contractor In the manner fixed by_ the _tltstutd Ovarri t'lg, the inaking of such Improves
<br />sac�tt, To each of the oonditions and Wpulations of this acotract, mat &ft and siagular the proWslonunnd
<br />terms of the plant, profile, specific bons and.reeolopfon sforisa#da iodcalined blub h1mooil or itself
<br />and the r4b*pective successor or assig!,s- of such. -parties.
<br />In Testimo ny Whereofi, Wel the foresdii*g named parties, hereunto
<br />set our hanis. this 6th. day .of i)ecerntaei 1922.
<br />CITY 8F SOUTH BEND, INDIANA.: MARRY No, BARNS, Contractor
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