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Wednesday August 9th.9 1922. Continued.
<br />I:n Testimony Whwreof, We, the foregoing named parties, hereunto
<br />set our hands this 7th. day of August 1922. H• L. DAVIS & SON
<br />BY L B. SLAUG R
<br />L. P. HARDY
<br />Its AROW gf Pine Works. CUDIS)li'R'ltC°li'ION B0,112D
<br />If. ^w S , _ That we. ----- --H - sw---lDavis---&---r4'p4............ .
<br />of the, C;cx-�.;tjr cf _......._._......__...... y_..�jfsBlRp-------------- State of ..................... ... ..Indeiana
<br />. <F<S r rtl3c.F
<br />p;l, b.nd........................Hartford.----Qom9 ny_...__ .........
<br />of the County of......._.... .............. _.... ....._.._. -------------------------and State of---- ...... ..C.O-nne.C-ti.ctlt...... ,.._.,....,_......
<br />,,
<br />as sureties, are held and firmly bound to the City of SDath Pend, Indiana, in the sari•of........... 9AA...,..._........_.„ .
<br />'�'.+iAtis$1td.-llille_.._hllnSe ---ikwelit+y'-----_--------------------------------------------- ------------Dollar s ( 1,920.170'•.
<br />for the payment of which,well and truly to be made, we jointly and severally bird ourselves, otix l.c�, ->,
<br />e;-zcc:utors, adrninstrators and assigns, firmly by t.hes:° presertcs.
<br />The conditions of the obligation are such that if the above named .... ..........
<br />faithfuiiy comply with the foregoing contract,
<br />mad@ ftml cnter�_A into d,1(;.._...... ....7th - ._.._-._._..-_ __. d4 Au�ust.:.�,
<br />with the City of South er.�, fn.lzanz rand shall f,.._ii alr Liv� conditions and stipulations therein contained,
<br />accordin to the trite intent and 1nea�i=rg th eof, in all resit--.ts, then this obligation to ba void, otherwise
<br />to be art remain in full iorce and virtue in lava. In the eve:.. the szid City shall extend the time for the
<br />Completion of said work, such extension small not in aay way release the sureties on this bond.
<br />This shall be a construction bond., and the sure -'es on the same shall not be held responsible for the
<br />malntenance and repair of the improvement after It his been accept._.d by the second party, but such sureties
<br />shall be h@ld responsible for the .fait'4ul compliance with 4 1 other conditions, stipulations and requirements
<br />cov@rtd by or get out in thj: cbntrz.ct. .
<br />WITNESS our hands and seals this ............7&h#........ .VARY pj,ioT..- - .........__, >MUU922-.,,:• 1Q..
<br />............................(SEAL) . .Hertfordx... ccident�rap�nd .Inde�,t��
<br />....BY _O....L... DAVIS.............................. ....(S AL) ......�.t...w�...G n .At;t„ . facer.....( XA��.
<br />Q t"e
<br />The above bond approved this..-- Ath —..... .....day of......... Aug1.40...�:l��dinue.�!
<br />L. B. SLAUGHTER
<br />L.
<br />_. _
<br />P. HARD
<br />ALBERT F. HONER.
<br />Board of Public NVorltk
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement, made and entered Mtn into this 7th. day Of
<br />August 1922 by and between H. L. Davis & Son of the Coutty of St Joseph and State of
<br />Indiana, (hereinafter referred to as the " Contractor"),, and the City of South Bend,
<br />In the County of Ste 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 Assemba.y of the State of Indiana, entitled " An Act Concerning Municipal Cor-
<br />portions, " approved March 6919059 and all amendatory and supplemental acts thereto!
<br />Witnesseth, that the contractor covenants and agrees to..construct
<br />grade, curb and walk on Sixteenth Street from Mishawaka Avenue to Grand Trunk Railraod,
<br />In the City of South Bend, Indiana t and for the Following prices:-
<br />4266 lin. ft, of grading 6X7X16 per lin ft. $.27
<br />8276 cu. yds. of curbing per lin ft. .<<
<br />18960 sq. ft. of cement walk per sq, fte
<br />and to perform all work in the prosecution of said improvement under and according to the terms eni
<br />ditions of Improvement Resolution No.adopted by.the Board of Public Works.,Aguat...L l922.
<br />and the plans, profile and specifications on file in the office of the Department of Public Works, which said
<br />resolution,. plans, profile and specifications are made a part hereof as fully and effectually as if copied and
<br />set out herein at full length.
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill and iare -,will be exercised;that he -will properly and pro`-ct all excavations and dangerous places,
<br />and will use all due and proper precaution to prevent injury +.i :ny person or property; that in the event gf
<br />any injury or damage resulting from the w-?r': or resulting from any matter or thing connected therewith or
<br />arising therefrom, to any person or property, he V-'Ill r.2y aT-1 lie'tidate the same at his ovan expense, and as-
<br />sume the liability therefor; and in the event of any claim or claims being made or any action or actions being
<br />brought against the city by reason or on account of or growing out of s, A work or its construction, the said
<br />contractor will at his own expense defend the same, and :rill 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, payment, or judgment iecovered-in connection with such claim or claims, action or actions. And J
<br />within ten days after any such action is begun, the city shall notify the contractor of the penfiency thereof,
<br />then afiy judgment rendered against the city shall he conclusive against the contractor and against the siiroty
<br />on lCa9�i W�?7,Ptructioaa 4u!, d?was to for am,ount;lia lit gild othcr ratios pe taiui. ipr aG r?a f 7 eC:;��?.
<br />_ t t a i y.,
<br />the period at d tit tl.t ; r �+ t r:t by i ne s»Pcifications, and to `secure tiie maintenance and rtpaiz ri reoi
<br />to file with t"-te Poard c f I t.Wic Vi or3-s s b4t id with su"kient surety thereon and in an amount as fixerl by the
<br />spc�ifiications. And it, doitig stick rc i s it v.,ork the contractor and the surety on his guarantee bond shall be
<br />s'ct to the sate liability to the city and any other person for any injury o
<br />aW�r damage to any pers,:.n or piop-
<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 />Ai,d it is further agreed by and between said part—s that the acceptance of the work provided for in this
<br />contract, or the payment thercacf, shill not coi_stitute a waiver on the part of the city of any of the provis-
<br />lot s of this contract, nor shall it rJea:;e said ccntr .ctor or the sureties on his bond for the faithful perform -
<br />At -ice thereof; nor shall the acceptance be prir._a facie evidence of the performance of any provision of this
<br />C011trUt, Wept tea the e tcnt of entidirg 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 making of
<br />such i-ilwovement and in the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, stio,v,,,,sor or subcontractor; and the city may reserve out of any allowance rude on any estimate
<br />to favor of the Contractor or 1— assigns,, or out of the aniount due him or his assigns upon the completion
<br />of the work, so riiuch as m Y cessary to pay all laborers or material men- for amounts due them for
<br />work done or materials Used or furnished to be used in the performance of this contract and the doing of
<br />said Nvtr rk., and tfxe county trcasurer, acting as city treasurer, may retain money collected from property
<br />owiwrs a.ssc.ss d for said improvement to pay such dcois or trait the eontractur s1 ow,5 that they have been
<br />
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