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<br />PUBLI IMPROVWENT CONTRAct.
<br />This Agreement, Made and entered into thi925th. day of April ,
<br />1923 by and between H. L. Davis & Son of,the County of St. Joseph and State of
<br />Indiana (hereinafter referred to as the " Contractor"), and theC 1,y ©f South
<br />.Bend, in the County of Ste Joseph, and State,* Indiana, by and_ through its Board
<br />of Public Works,.(hereinafter referred to as the "City"),.under avirtu te by vire
<br />of an Act of the General AsseeMbIT of the State d'f Indiana entitlee , Aeit Con-
<br />eerniug Municipal Corporations:, approved Larch 6019051, and all affie� ry :"end
<br />supplemental acts theretotw.
<br />Witnesse-th , that the contractor covenents 1&nd 1 sh
<br />to construct grade, curb and talk on College Street fro>n �Iumboldt Street AlaAvenue, in the Ctty'of South Bend, Indiana at and for" the following prieest•
<br />2194 line ft. of curbing per 1131 ft.......... .40
<br />10502 sq. ft of cement walk per sq* fte v e & e *17
<br />7304 out yds. of gra`sing per•cu, yd......... .60.
<br />�0. bj ;rfox„t all work in the prosecution of said improvement tinder and according to the tev. ms l ow, :
<br />;•itigns of Improvc-ment Resolution No. _ 1095 , adopted by the Board of Public lVorics,....Feb „w 271►��+��
<br />and the plans, profile and specifications on file in the office of the Department of Puhlic Works, which snit;
<br />resolution, plans, profile atid specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />77-te contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill au,d care 1'..1 be exercised; t_h^t he d l *. all excavations and ciaatggrt,)U, places,
<br />and ill use all due a..r.d proper prccaation tc pn n,� - invi-y t-) :ry person or i�t tFtt event. 0�
<br />any injury or damage resulting from the �;r^ or resift«a frnni ;.ny rritter or thin ^c;nnr`ct�d tEterk wi4 or
<br />arising therefrom, to any person or property,'`nP t 11 pay ar^ lict-idate the same at is own expens", ar•ti a,s-
<br />sumo the liability therefor; and in the event of any claim or claims being tn�de or any action, or actions boir,p
<br />brought against the city by reason or on account of or growing out of s^-d wort- or its construction, 4h-
<br />contractor will at his own expense defend the same, and will pay any judgment recovcred therein, andwilt iii
<br />all respects fully indemnify and save harmless said city, its officers, agents or representative,,;`from all cost,
<br />expense' payment or judgment recovered in connection with such claim or claims, action or actions. A �j l 'f
<br />within ten days after any such action is begun, the city shall notify the contractor of t) c vend.=,%(;v they ;af,
<br />then any judgment rendered against the city shall be conclr_si-ve against thr- contractor and against the surety
<br />an his constructioa bond, as to thr amourkt, liability and other matters pertaining thereto,
<br />lie cot. racccr agrees iomat * air. said SE' pno-:, .;,rrtt a:._ :_.!_ Sl]•_l! S fltYS aS
<br />the per od and it! the manner as fined by the s-)e cations, and to secure tfie maintenance ai-d repair t.i
<br />to file with the Board of Public W .rics a bond v-1th sufficient surety tli- reon and in an amount as fixed l,,,r
<br />specifications. And'in doing such repair wort1 the contractor and the surety on his giiuvar_te bond slZail'
<br />stzbiect to the sac:-;c°lliabihty to the city and anv other person for any injury, or damage to.any per` ° c.r pr
<br />euly in jhe same rrtaiiiier and to the saran eaxfert as is fixed in the last preceding paragraph coverii-,g tite c:-
<br />structi nn worn.
<br />A.,,I it is further agreed by and between saidcart:.s that the acceptance of the work rovide;i for i•.
<br />contract, or the payment theres-M thereof, salt not c".itute a waiver on. the part of the city of any of tit- pr:;
<br />inns of this contract, Dior sliall it nAcase said contractor or the sureties on his bond for th;. faithfui
<br />aree tlirreof; nor steal-1 the acceptance he prima facie evidence of the perforn-'once of any provisi(t) >>f t <<
<br />can- tract, except to the extent of ent1 31 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 nlal",
<br />such improvemeht and in the p&formance of this contract, whether done or furnished for hint, or his
<br />Assignee, successor or subcontractor ; and the city may reserve out of any al'.bw anc9 trade oil ally estim t t e
<br />it,
<br />favor of the contractor or 1-:� assigns, or ont of the amount due him or his assigns upon the concpIctioa
<br />of the work, so much as tna3 -cessary to pay all laborers or riateriat men $or artourits (lue, th(-in for
<br />work done or tnateriats used or furnished to be used in the.per€ormance of this contract and the doing; of
<br />said worx, and the. count` treasurer, ttcling as city treasurer, }nayy retain money colircted from property
<br />vwners assessed' for #Said improvemerA to pay such dc!:as or uittfi The con.tracter Okyws that they flare %*
<br />paid jor satisfle
<br />t°: e Cn.:l a = c:' agrees to remo- all rtiY__-sh, earth, and tin+zsed material in the streets or sides 'thereat
<br />upon :the con*letion of the!irn'_)7W'nin :nt or *:ie repa;ring thereof.the work of making such impr:n•, tment shall be completed according to the terms of this contract on or,
<br />before the-----------------------:------ --=-----=-------_----- _ -
<br />_ _ :_ day of ----------------------------
<br />unless _
<br />the i_itne for the co* pleb .n of the sa: P shell be extened iri:-g by the +Board of PubliclWorl•-s..
<br />And it is agreed th,,t arty sc^.h e.ter. ion f ti or any altem';on of this co-itract or of the manner or meth.,
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sore-
<br />tics.
<br />It is agreed that the contractor -hall net-.ssia-n this � _rart, or sub -let the work or any part thereof to
<br />be done herr_nnder, t; i*.h ,: ; :h : it �n _ .- of the Board _ ; R blie Works.It -is further a�°reed an l stV.Dula`_1 *hit -',> contractor shall give to residents of said city and conitty
<br />preference in the. entplc ,.-rr- nt cf -:11 Iat�or.nQc�ssary in the performance of this contract, and failing to do so,
<br />shall forfeit to the city the Su.n of ten collars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be done and
<br />gerforu:r:d by said contractor the. said city agrees to cause the cost of doing such work to be assessed,`coI-
<br />lectcci a.->ti paid to said contractor in the manner fixed by the statute governing the making of such improve-.
<br />ments..
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />terins of the plans, profile, specifications and resolution:- afort-said, tha und_er.5igned binds himself Or 4",:t4,_
<br />and the trt9pective successor or assi.,a of Gnrn T%nrt;Pc'
<br />IY TESTIMONY WHE1=F* We, the foregoing named parties, hereunto
<br />set our hands this 25tb. day of April==19230 .
<br />CITY OF SOUTH BEND, INDI ANAf
<br />H. L. DAVIS & SON
<br />BY L. Be SLAUGHTER BY 0. L. DAVIS °
<br />L: P. HARDY Contracl�or
<br />ALBERT F. HOMER
<br />Its Board or Pnblic Works. °
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