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The following bind and. eentract approved.
<br />►1k Improvement contrad
<br />THIS Af�C.Miy ONT ;ire and yp� entered into tl��,yis.,,.�.�.de,y,
<br />I.1 f lot I . I by and between ;.
<br />H, L. Davis & Son
<br />tbs cnmt St Jose h Indiana
<br />.. y1 l , � f . , , ♦ l . , , t l l f .� 1 #, Stai/g
<br />(hereftaf'ter referred to as the "Contractor* , and the City of South Bend, in
<br />ate Cotmtg afr St. Je>sep , and State of Indiana, by and through its Board, of Public
<br />'forks (hereinafter referred to as the ;' City"') , under and by virtue of an Act of
<br />the General Aseembly of'the State of Indiana, entitled ``AnAct Conoerning iai.,
<br />Corporations,''' approved March S, 1905,, and all amendatory and supplemental
<br />acts thereto:
<br />Witnesseth., that, the contractor covenants and agrees to eon-
<br />struct grade, curb and walk on Chalfant Street, from Eddy Street, to E. end of
<br />Coquillard Park, in the ,City of South Bend, T-ndiana. at and for the following
<br />prices:-- ,
<br />3528 lin. ft. of curbing per'iin ft............ $.40
<br />16640 sq. ft. of cement walk oer sq. ft. .17
<br />2092 cu. yds. of grading per cu. yd. 1100
<br />:.Liu to perform all work in ffie prosecution of safd improvement under and accordl rg to fhe ttrws and c__ ;
<br />s
<br />ditions of Improvement Resolution No. adopted by the Board of Public l�orfss......,..,,,_,,, ,,,, •:
<br />and the plans, profile and specifications cn lHiein the office of the Department of Public Works. which sai `
<br />resolution, plans, profile acid specifications are Yna.ft a. part hereof as fully and effectually. as if copied and
<br />set out herein at full length.
<br />The contractor further aexpressig covetiants in# agrees i+at in the prosecution of said work all proper
<br />skill and care 17,ill be exercised; that he 1.�ill proper' - 7-era- and pro`est all excavations and dangerous places,
<br />and vrill use ail due and proper precaution to prevent inju-i- `to Any person or pro^e•rty; that in the event 91
<br />any injury or damage resulting from the w-)r'- or resul*irg from anv ,ratter or thing connected tileretvitli or
<br />arising therefrom, to any person or property, he v-11 pay a.nri liquidate the same at his own expense, and as-
<br />sume the liability therefor; and in the event of any claim or -claims being made orany action or actions being
<br />brotight against the city by reason or on account of or growing out of said work or its construction, the said
<br />contractor will at his own expense defend the same, and .ill pay any judgment recovered thereWn and will in
<br />all respects fully indemnify and- save harmless said city, its officers, agents or representatives froth all cost,
<br />expense, payinent qr judgment recovered in connection with such claim or claims. action or-acrions. And if
<br />within ten days after any such action is begun, the city shall notify the contractor of the perrilency thereof,
<br />thxn any judgment rendered against the city shall be conch*wive against the contractor and•against the surety
<br />Aalz construction band, as to tb - _amount, liability and other matters pertaining thereto..'
<br />.L..nd thi congralator agrees to mainntain said improvement and mare such repairs as may be necessary t.:s
<br />e period -and in the manner as fined by the specifications, and to secure the to tut€UP" �C� t� 44 theregi
<br />jo ale with the Board of Public Works a bond .with sufficient surety thereon and to an atUount 4% hid by �tho
<br />pecifications. And in doing such repair word the contractor and the surety on hid arantee Wnd %hill
<br />Rultject to the same liability to the city and auv other person for any injury or damage to any pergwA or priNtl,.
<br />er ty in the same manner and to the same extent as is fixed in the last preceding paragraph M-krifig the 1 4- .
<br />strucstion work.
<br />And it is further agreed by and between said cart^.ems that the acceptance of the work tovld@d for ltl thk
<br />contract, or the payment thereof, shall not constitute a waiver on the part of the city of any of the prOvi�
<br />lems of this eontr4ct, nor shall it release said contractor or the sureties oil his bond for the fsfthfOl perform=-.
<br />slice thereof; nor shall the acceptance be prima facie evidence of the performance of any provisl®h Of ill s
<br />Contract, except to the extent of entitling the contractor to the contract Rrice therefor.
<br />The contractor agrees to pay for all labor and materials used or. furnished to he used in the txakitIN of
<br />such improvement and in the performance of this contrast, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made op any egtimat�
<br />in favor of the contractor or },;,z assigns, or out of the amount due hhn or his asslgms ups the,dOtnpletiim
<br />.att- �
<br />f the work, so much as may to pay all laborers or materist tmon for atiountil dve theme fog
<br />C done or materials used or furnished to be used in the performance Of tills Mtraet afid the doing of:
<br />aaid work, and the county treasurer, acting as city treasurer, may retain nwney oolletted from pfopert. '1
<br />4owners assessed'for said improvement to pay such debts or until the cbtxtracfOs` s s that €l"iC�+ ki�aboo.
<br />,mod .or satisfied
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