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Wednesday May 3rd., 1922. Continued.
<br />the following bonds and contracts were approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT,
<br />'This Agreement, Made and entered into this lst. day of Ma 1922 by and
<br />between H. L, Davis & ,Son 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. Joseph
<br />and Stake it Jdiana, by and through its Board of Public Works (hereinafter referred to
<br />as the City l, under and by virtue of an Act of the,General Assembly of the State of
<br />Indiana, entitled An Act Concerningg Municipal Corporations, " approved March 691905, and all
<br />amendatory and supplemental acts tfie.reto:
<br />Witnesseth, that the contractor coveants and agrees to construct grade,
<br />curb and walk on Donald Street from Leer Street to the east line ;of Kline Street, in the
<br />City of South Bend, Indiuna, at and for the following prices:-
<br />2600 lin.
<br />ft.
<br />of
<br />curbing per
<br />lin
<br />ft.
<br />$,30
<br />2661 cu.
<br />yds.
<br />of
<br />grading per
<br />cu.
<br />yd:
<br />.45
<br />12000 sq.
<br />ft.
<br />of
<br />cement walk
<br />per
<br />sq. ft.
<br />.13
<br />and to perform all work in the prosecution of said improvement under and atccord W to the tern" ee-d 0%M_
<br />ditions of Improvement Resolution No.. 933 ------------- . adopted by the Soard of Public Wf rks..,.DgQA,,,9x.�922..
<br />and the plans, profile and specifications on file in the office of the-epa-tment of Puhlic.'Vilorks, wY�ieh.• sal
<br />resolution, plans, profile and specifications are made a part hereof. s fully and effectually as if copied and.
<br />set out herein at full length, s
<br />The contractor further expressly covenants and agrees that i "the prosecution 'of said work at] proper
<br />,skill and care ,ill be exercises, th-t he -=�1 prune v - — -.' --d p ^ct all excavations`a,nd dangerous places,
<br />and .rill use all due and proper preca i"ao i to or-_v t 1n)ury'+n i.y "person or p e^er+y; that in the event i
<br />airy injury or darm-.ge resulting from the �v� `_ or res-tl°; frohi a-,v matter or thin connect-ed.therewith or
<br />prising therefrom, to any pers^-i or nroper*y, ht � 11 nay and ?�c ��ate the same at is own expense, and as-
<br />suine the liability therefor; and in the event of any Clain or clains`�being made or any action or actions being
<br />bro'<aght against the city by reason or on account of or growing out of s-.:d work or its constrttetfon, the said
<br />contractor will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />expense, paym-ent or judgment recovered in connection with such .claim or claims, action or actions. And if
<br />within *n days after any such action is begun; the city shall notify the contractor of the pendency; thereof,
<br />the an: y tt dg ;-rent rei,dered against the city shall be conclusive against the contractor and against the surety
<br />oil Pais c ,atr�-ctic.i l ::_ 1, as to th � =mftou :t, 1iiab,:ity a::d other matters per aiaring thereto.
<br />And the contractor agrees to maintain said improvement and make such repairs as may be necessary fo,
<br />the period and in the manner a* fixed by the sw-ciications, and to secure the maintenance and repair thereof
<br />to file with the Board of Public Works a bond v,ith sufficient surety thereon and in an amount as fixed by the
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall be
<br />slsbject to the same liability to the city and any other person for any -injury or damage to any pers to or Prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />A2d it is further agreed by and between said r..r!',2s tb.at the acceptance of the work provided for in this
<br />contract, or the payment thereof, shall rot ce �stit.?te a r,•aiver on the part of the city of any of the proOw-
<br />iwts of this contract, nor shall it rJeaLe said c.. .':-_ctor or the sureties on his bond for the fa.itliful perforla
<br />a sec thereof; nor shall the accepta ce be pri; a f_ is eviucnce of the performance of any provision of this
<br />contract except to the extent of entitli ..g the c(- or to the contract price therefor.
<br />The contractor agrees to pay for all labor a.id E-.a"v:ials used "or furnished to be used in the making of
<br />such improvement and in the perform a= ce of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may rose: ve out of any allowance -made on any estimate
<br />in favor of the contractor or f,:� assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as rna3 �cessary to pay all laborers or nnateriai inen for amount' dale them for
<br />done or materials used or iurnished to be used in the perform=i ce of this contract and the doing of
<br />maid work, and the county treasurer, acting- as city treasurer, may retain money coil�-dted from property
<br />jowners assessed for said improver-ient to pay such debts or instil the contractor sl;ov,s that they, have Won
<br />-or satisfied
<br />L :e co..t-ar`o' agrees to remo--e all ru5'oish, earth, asd um-sed material im the strcata Cif r.' a t::ereA.4
<br />upon the corpletion of the improvement or the repairing thereof.
<br />The work of making suck improvement shall be corafaleted according to t'.he tcri-As of tt,s t,_•A-- (!t an or
<br />be -fore the------------------------------------------------------------------ -- -day 01 .................. ............... 19.,..... „
<br />unless the time for the completion of the sane shall be extend-i in writing by the J3oard of Publ:e Worlts,
<br />And it is agreed that any such extension of time, or any alteration of this ccrtract or of the a ,; ., l,,r or meth- '
<br />o,A of doing such work shall in no way affect the duties, obligatio~:s or liabilities of the contf�-ctor or his sure-
<br />ties.
<br />It is agreed that the contractor shall not assign this -ract, or sub -let the work or any part thereof to
<br />be done hereax,ider, witho, the ti =it' 2n co-.s:-r:t of the i�:.; :rd of Pll.blic Works.
<br />It is further agreed a :d stipul d tl + c�n.,actor shall give to residents of said eiLy wid county
<br />j,i :f eretice. in the employ , : rat of all labor czersary in the performance of this contract, and failing to do so,
<br />_111 forfeit to the city the su- of ten colhrs for each failure to observe this stipulation.
<br />And upon the performance of all the ter*pis and conditions of this contract, and things to be done and
<br />perfon--ed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lectcd r.rd paid to said contractor in the r- i ::..er fixed by the: statute governing the making of such improve.
<br />1;;: c As.
<br />To each of the conditions and stipuirtions of this contract, including all and singular the provisioias and
<br />tera:_s of the plans, profile, spccificatioYk3 and resaiution aforesaid; the ur-�ersigned binds himself or itself.
<br />and t:.y rd.-,p�tiye successor or a::ssi. rs of such parties.
<br />In Testimony Whereof, we, the foregoing named parties , hereunto
<br />set our hands this 1st. day of May 1922.
<br />CITY OF SOUTH BEND, INDIANA.
<br />BY . L. B. SLAUG71TER
<br />L. P. HARDY
<br />ALBERT F. HONER.
<br />Its Board of Public Works,
<br />H. L. DAVIS & SON
<br />BY 0. L. DAVIS
<br />Contractors.
<br />
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