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11922 Continued,
<br />cis and seals tl:is........ 1Q_ih......... ......day oL............ .-..-J, e.--' =i_
<br />Ameri an SSur ty Company of Staples &Ackerman -
<br />By Jacob MY�olverton . _. .. FLI.) _.,_...,...�:
<br />......Res. -cent-Xi-ee--P-te•s dent..- .. :%) w..._
<br />Hugh�f s`v �d� t-f 13th• _ ..._.
<br />Resident "Ass scant u�ecnete;fir.-------_-_m_.
<br />P# HARDY
<br />Fi�01TER,'--- ------
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />June 1922.
<br />This'A reement, Made and entered into this 13th. day of June 1922
<br />by and between Heim.Uonstruction Company d1f the Count of St, Joseph and State of
<br />Indiana (hereinafter referred to as the " Contractor"3, and the City of South Bend,
<br />in the'County.of St,.. Joseph; and State of Indiana, by and through its Board of Public
<br />Works, (hereinafter referred to as the " City"), under and by virtue of an Act of the
<br />General Assembly of the ,State of Indiana, " An Act Concerning Municipal Corporations,"
<br />approved March,6ml90-5_ and.all amendatory and supplemental acts thereto:-
<br />Witnesseth,
<br />that the contractor covenants and agrees to construct Grade., curb and walk on Various
<br />Street, in the City of South Bend, Indiana, at and for the following prices: -
<br />Curbing per lin fto:* ... .... ..... .55
<br />Grading per eu°yd....;...............1.50
<br />Cement walk per sq. ft ? • *.e • ... 000000 .28
<br />and to perform all work in the "prosecution of said irnproveai-ent tinder and according to the tsrmas ttwd tnatt,•
<br />ditiotis of litproventent Reseilut on No. ,-- :- ------- adopted by the Board of Public Works.. 4' $,y .,3r d.1922.
<br />apd the Plans, profile tend specifications on file in the office of the Department of Public Works, which sai�
<br />t�solutfkr pltalAfi secifications- are made a part hereof as fully and effectually as if copied slid
<br />let out'irerkn a all lctgti,
<br />hC ctintrt�ar ftirthtf, expressly Covenants and agrees that .in the prosecution of: said work all proper
<br />skill attd c re rt�t:ise cretcas�,i tfr�t he A Aron *•_y- )T� �* d protAct all excavations and dangerous places,.
<br />and =gill tl« 1! due an�j p oner'prn +itton tb pr v a* tntu, to ii erson or * nAr '
<br />any nit+r�r flr damage rkOu�ting.fr6ni the tFr,r: or res ii+fr from�ayy matter orthingt onncctPd therewith
<br />arising t�1 refrorir, to a ►y per�Ari or gropPrty;: ht v 11 pay ar-i lic uidate .the same at his own expense, and as-
<br />tliarrit< fhe $bi ity.therefor; and itt the.event;of any cla=_ri or clams beingmade or any
<br />ny action or actions bein
<br />brotig t 8 t}tnst tlic,city by reason of on a�cdducit of:or_growing out of s;id utorkor its construction, the sal
<br />eontr4ct or j�1►lii `fits own exp ose defend the same, and trill pay any judg;nent recovered therein, and will In
<br />all resp+rt~tll`#ally indetiinify and s8 - harmless said city,..its officers, agents or representatives from all cost,
<br />expense, p��crt►en or iudgment recovered- in connection with such claim or claims, action or actions. And if
<br />within ten?_ztay�_ fter.any such action is begun, the city shall notify the contractor of the pendency thereof,
<br />thmt "y ent ra",fred against'the city shall be conclusive against the contractor and against the surety
<br />�za file osii3trtscfic > ; as to th : axnw-uuat, li&bifiW and otter wafters pertaining thereto.
<br />t°na;he concrue`or a�recs to maintain said improvernent. and make such repairs 'as may be necessary
<br />the period acid in the manner -as fixed lay the specifications, aild to secure the maintenance and repair therea
<br />to file with`Vie Board of Public Works a bond with sufficient surety thereon and in an amount ac fixed by the
<br />specifications. And in doing such repair wovlc the contractor and the surety on his guarantee bond shall br
<br />subject io the sar_ie liability to. the city and any.w4er perscm for any injury or.darnage to any persc.n or prop=
<br />erty in the: sa,ine manner and to the same extent ns is fixed is the last preceding paragraph covering the con-
<br />struction work. -
<br />Aad € is further ;agreed by and between aeid'psr6es;tb%t.tie acceptance of the work provided for iristhis
<br />contractt;:or the payment thcrv�of, 'Aal net cc. st-Itute a waiver ontike part of the city of'any of the provis—
<br />ions of thus contract, nor. shall it release said eenit-actor. .e.r. the sureties oa his hond for the faithful performs .. .
<br />once the ; nor shall the. acceptance. be, prima Eric ev rieace of the performance of any provision of this
<br />_ contracti except to the extertof entitling the contractor to the contract -price therefor.
<br />The contractor agcrees to pay for, all I
<br />abor.;ia& materials used or furnished to be used in the =whelp of
<br />such improveirierit and in. the perfortxiaricc of this contract, whether cone or furnished for him, dr his agent,
<br />assignee,, successor or •subcontractor; and the city may reserve out of wily allowance xmie ,pri ally estimate
<br />in favor, of the contractor- or i-: assigns, or out of the a -mount due him or his assigt % upon" the-conipletibt
<br />of the work, so much as mai, •cessary to pay all laborers or materiai'mexa for ain�otmts due 'theid fi r
<br />work done or `material,s used or furnished to be used in the performance of this _contract and the doing of
<br />said work, and the county treasurer, acting as city tres.surer, may retyaht money colvAed from property
<br />owners assessed for said irnpfoveeicnt to pay sack debts or uncR idtc aontre aftr sus tit. *oy hays hs.r
<br />paid or satisfied
<br />�� e : • Tc remo• a!l rub5isit, earth., ?xul tmused nmterial iw the streets or apace
<br />apon. the 00Tmpletton --the imprc ueme t or, the repairing thereof.
<br />The' work of-waldrg snrh..improv-nzent shall be completed arc(w&ng to *e terms of As oontraet on cc
<br />beforethe .. -....................:*t-----------------day of.......... -.......... ---------- ................................ 19...........
<br />unless the tidie for the completion of1he- Sane shalt he exten.kd its writing by tfie Board of Ppi1k Works,
<br />And it is agrreed that any su}extens;6n of time, or any alteration of this contract or of the m- anner or meth,
<br />od of doing _such work shall tn. no way affect the duties, obligaticas or liabilities of the contractor or his sutra-
<br />ties.
<br />It is agreed ghat the contractor shall not assign this allr' -ract, or stab -let the work or azy part thereof to ---
<br />be done h ettnder, witl�ort`the written cons: nt of the L., rd of Public Works.
<br />It is iirtll.er agreed and stipulated that t contractor shall give to residents of said city and cavuty ,
<br />preference in,ihe exrtpfoymrr nt of all labor necessary in the performance of this contract, and failing to AD so,
<br />shall forfe k to tTre pity the sum of ten dollars for each failure to observe this stipulation.
<br />And t ozr the.pedorml
<br />ance of all the terms and conditions of this contract, and things to be done and
<br />pperformeA )i Batt �o tractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lect �daii to sal contractor in the manner fixed by the statute governing the making of such improve -
<br />TO eacL Qf tih" t:sriditiosa and stipulatistas of this contract, including all and sing slag thy. provisions and
<br />" ,"''.4 txF tine plans; pr®file, specifications and resolution aforesaid, the gored binds li:mself or itself__
<br />t i "^ rrMmcti* successor or as4g v; of such parties.
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