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Tuesday January 24th., 1922. Continued.
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<br />F.JJ. Anderson City Engineer requested permission to emp* draughtsman in
<br />his office, same granted by the Board.
<br />Isaac Van Trump, Chemist of Chicago,.Illinois appeared before the Board
<br />and took up matter of contract for season for asphalt inspection. This matter was
<br />taken under advisement until a later date.
<br />Complaints of Councilumn Hull in regard to defective driveways on TaJ*1or
<br />Street in four hundred block and defective sidewalk.on Cottage Grove Avenue filed and
<br />referred to D. C. Layton, Street Commissiner for investigation and report.
<br />Communication received from Alexis Coquillard in regard to insurance
<br />on buildings in City Cemetery. Same referred to Cemetery Sexton J. P. Reed for a report
<br />as to how much insurance is needed and report to the,:Board.
<br />Petition received fon grade, curb and w4lk on Swygart Avenue from Indiana
<br />Avenue to Prairie Avenue. Resolution ordered prepared on same.
<br />Petition received for grading of Woodside Street from_ Mkhigsn Street to
<br />Fellows Street. Resolution ordered prepared on saute. ,
<br />Communication of renewal of Thomas J. McGrahh's $29000.00 Plumbing bnd and
<br />119000.00 Excavation bond signed by United States Fidelity & Guaranty Company by Thomas
<br />W. Witte Attorney in fact was approved by the Board and referred to Controller for file
<br />copy to remain in office of the Board.
<br />Bonds and contracts for the Robinson Street Grade, curb and walk and Leer
<br />Street grade, curb and walk presented by H. N. Barnes Contractor approved by the Board
<br />as follows: -
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, Made and entered into this 24th. day of January 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,'iri 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 and by virtue of an Act of the General Assembly of
<br />the State of Indiana, entitled " An Act Concerning Municipal Corporations, " approved
<br />March 6919059 and all amendatory and supplemental acts ther6to:-
<br />Witnesseth, that the contractor covenants and agrees to construct cement
<br />walk on Leer Street from Lincoln Way West to the Southerly line of'the Lake Shore
<br />and Michigan Southern Railway, in the City, of South Bend,. Indiana, at and for the following
<br />prices:-
<br />1900 sq. ft. of cement walk per sq. ft........;....,..,. .18
<br />-1 perf"M ati Work iti°elm ProscMi on of: said, iutptoveummat amimr and to 6 ,
<br />iri s ®f Itri r e isnit �tsxtn i No .?� _adopted b; lie-boarrd of, Fablic �14pWW&,gU ta,.,l� s 1921
<br />and plans, prof k and specification on file i the office o£ the Department-. of Public W,0 ks `Ni!�i k _ 81
<br />tas�lttt# , .plan , profile and spec icatiang ase ma3e a part hereof as .fully and effectually as 1� , �®p��d
<br />sat out herein at'full length.
<br />The contractor further expressly covenants and agrees that in the. pro&ecution of said work ,all prcipor
<br />Wll and -care will be exercised; that he will properly _• 3r i and protnct'all excavations and dangeroua,pWaa
<br />and will use all due and proper precaution to prevent injury to :ny person or pronarry', that In the �vPttt , i
<br />tryy Hury`'or damage resulting from the worlt or resulting from any matter or thingg connected therewith or
<br />artling therefrom, to any person or property, he vAll pay ar i liquidate the same at his own expense, and as -
<br />sums t,hp liability therefor; and in the event of any claim or claims being made or any action or actions beifl ,
<br />brought against the city by reason or on account of or growing out of said work or its construction, the said
<br />0®ntrActor will at his own expense defend'the.sx.me, and will pay any judgment recovered therein, and will in
<br />Atli r®apeets fully indemnify and save harmless said city, its officers, agents or representatives from all cost
<br />pehill pa r"nt or judgment recovered. in connection with such claim or claims,. action or actions, And
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<br />tVithtn scan 22ya after any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />then any t1► rtent rendered against the .city shall be conclusive against the contractor and sgaiart the suroy
<br />an hw aw"truiction bond. as to th.. arjount,.liability and other matters pertaining tiweto.
<br />And the cOntr'aCtcx a*recs to maintain said overnent are make such repairs as may be necessary foe
<br />-- 1he ppenod o► the msgaer as fixed b} the sp�Cil3 Zions, and to secure the maintenance and repair thereof
<br />to Sic *ith the Board of Public Works a boric[ witi� saff..t surety thereon and i in ark- amount as fixed by the
<br />specifications. And in 4oing snA repair work the contractor and the surety on his .guarantee bond shall be
<br />subject to the saMe liability to the city and any, other person for any injury or damage to any.person or prop-
<br />erty in the same manner..and to the same extent as io fined in the last preceding paragraph covering the con-
<br />struction work.
<br />And it is further agreed by and between said.lart s that the acceptance of the work provided for in tWs
<br />contract; -•,,or the payment thereof, shall not constitute a waiver on the part of the city of any of the provia'
<br />Ions of this contract, nor shalt, it Telea a said centrac:tor or the sureties on his bond for the faithful perform-
<br />ance thereof; nor shall,the aceeptance.be-prima facie evidence of the performance of any provision of this
<br />contract, except tq the c:;tent,of eotjtliug the. contractor to theeedtract 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 hie assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as may 1cessary to pay all laborers or rnat:eriai men for amounts due them for \
<br />work done or materials used or iurnjd e, to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting &a city treasurer, may retain money collected from property
<br />owners assessed for -said ttmprovemeat to pay such elebts: ar Jxnril the contmr",, s�t+haws that theyhsyt bee
<br />rs?id or satisfied
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