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The following contracts and bonds were approved by the Board.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Agreement , Made and entered into this llth. day Of October
<br />1922 by and between'Philip CohenOfthe County Of St. Joseph and State Of Indiana,
<br />(hereinafter referred t0 as the " Contractor"), and the City Of South Bend, in the
<br />County Of.St. Joseph, abd State Of Indiana, by and t1:rOugh its Board Of Public Works,
<br />(hereinafter referred t0 as the " City"), under and by virtue Of an Act Of the General
<br />Assembly Of the State Of Indiana, entitled " An Act Concerning Municipal;COrpOratiOns, "
<br />approved March 6,1905, and all amendatory and supplemental acts thereto:-
<br />Witnesseth, that the contractor covenants and agrees t0 place water
<br />taps On Leer Street, from Calvert Street to Ewing Avenue, in the City Of SQth Bend.,
<br />Indiana at and for the f011OwIng prices:-
<br />12o-�aps'bn'lbngaside, teach.. .......................023.60
<br />20 taps on long side, each 19,60
<br />and to patforia all work In the prosecutiar, of said irnproverWpnt under and accordirgg to the terms ate his,
<br />�ltlefts of I rov'ett►efit 'Regoluflon Via...], C1 , adopted .by the Bnard of Public Works.... � 2nd .1922.
<br />wid tho platts, profile and specificati6ns on file in the office of the Department of Public Works, wa 10 SUL14
<br />roi4olutlon, plan#, profile and specifications are made a part hereof aq fully and .effectually as if copied s id
<br />her, out, herein at full length,
<br />`1'he. contmetor further expressly covenants and agrees that in the prosecution of said work all proper
<br />ble,111 ;tnd care 5'ri11'be exercised; that he -till property,, ",i 'ar.d p--otnct all excavations and dangerous places
<br />tvI Will use all due and proper precaution to preveznt injury to ..r.y person or proms rt:v; ghat in the event 01
<br />Afty hijury or da.tuage resulting from the w"r': or resultir from ary **ratter or thin contnej,.t;td therewith ®r
<br />arlttinFp therefrom, to any person or property, he 11 nav ar lir ldat thv same at is own expense, and as»
<br />sumo the liability therefor; and in the event of any clam or claims b�ing.made or any action or actions being
<br />brutiglit against the city by reason or on account of or grmniig out of s ° i. vi-)rk or its construction, the said
<br />contractor will at his own expense defend the same, and will pay any lr;.�.. rnent recovered therein, and will in
<br />ittl reapeetn fully indemnify and save harmless said city, its officers, agents or representatives from all eon,
<br />"Pensn, pa merit or judg meet recovered in connection with such claim or claim;, action or actions, And if
<br />within ten ds.ys after any such action is begun, the city shalt notify the contractor of the pendency thereof,
<br />th,;n ufty j'udgratnt tendered against the city shall be conclusive against the contractor and against the surety
<br />an bias constructiott %cEnd, as to th- grnotint, liability and otlt,z axaatters'pertaining, thereto.
<br />And the contractor agrees 6v a1c"iataw said improvement and ivake such repairs as may be necessary fug
<br />ezy�d ngt fin the ts&nncr as fixed by the soecifica.tions, and to secure the maintenance and repair' thereof
<br />e With Rgard of Public Works a bond yr th sufficient surety thereon and in an amount as fixed by -the
<br />st aff §, AAd in doing such repair work the contractor and the surety on his guarantee bond ahall. be
<br />ilia §arr-,e liability to the city and any other person for any +4jury or damage to any pers,rn Or pr©p-
<br />rfy in th§ §a� manner attd to the same extent as is fixed in the last preceding .paragraph eoverig'th� ty?r-
<br />l31 r€tip. w�rlt=
<br />Ahd it is f urdwr agreed by and between said wart= es that the acceptance of the work rovided for in this
<br />efltfa§t, o€ the payment thereof, shall not constitute a waiver onthe part of the city of any of the provls-
<br />this e@ntraet, nor shall it releaae said contractor or the sureties on his bond fat the faithful p@rfor =
<br />all@@ th@f@61 i not shall the acceptance be prima facie evidence of the performance of any provision of thi§
<br />k'@lltfdre , @Xrep1 to the extent of entitling the contractor to the contract price therefor.
<br />Th@ eontraetor agrees to pay for all labor and materials used or furnished to be used In tho 1paking of
<br />§Hreh j plo-v@nfent and In the performance of this contract, whether done,or furnished for himi. or Iftis ag@rtt,.
<br />§§stir}@@, §u@@t@sor or subcontractor; and the city may reserve out of any allowance made oil any astlfat@
<br />lfi favor of th@ @@ntractor or 11- assigns, or out of the amount due him or his assigns upon the aofplatl
<br />of A# work, §o much as Mal- -�cessary to pay all laborers or material Inca for amounts duo th@m 14V
<br />Work d.ofta or Material% used or furnished -to be used in the performance of this eontt'acf n4 the ng of
<br />mid i�WN and tht ounty treasurer, acting as city treasurer; ones setWn mores collected fi f®p@rt�y
<br />@v31i@ra Gast§€t4 JW eaij3 j.mprovetuetn to pay such debts or until: t c coatractvr 446we owt dw Wo brae,
<br />w';4M
<br />The coax--ao' agmzs to remo all rub5isk earth. and unused material in the streets or iw1,:4 c
<br />fivon to npletlon of the Improvement or the repairing them
<br />ATM ti+m* of foe su Imprcwtment sba.H completed accord - to the terms of tills �u t�1',,NCtt f ; kk
<br />Wert- ......4i'VLLVL4Vss:YlVwi
<br />_jell tie 1 b fof the completion�of the same Shan be extended in writing by the Board of lout&,, wofvr,,
<br />d 0 agretid that arty 5uth w4d'en4on of tim - or any altem-on of this contract or of the manger or ri =ltll,
<br />ed8�doirig skoh. work sl+all in no way affect the duties, obligations or liabilities of the contractor or his st tc£
<br />floc _
<br />If jb.agreed that the etmtractor shall not assign. this .v '-fact, or sub -let the work or any part thereof to'
<br />bitdo liareuilder, wither+t the written cond�ni of the bt.ard of Public Works,
<br />tt tl; tutther agreed and stipulated tl -?t t'3t contractor shall give to residents of said citx and ot,f3i-sty
<br />trtettkeb tit the ei itiyment of till labor necessary in. the performance of this contract, and failing -to do so,
<br />hi lj turfelt to the el�y the sum of ten dollars for each failure ;to observe'6is stipulation.
<br />AM upan tha performance of all the terms and conditions of this contract, and things to be done and
<br />@tlbtwed by bald e®ntractor ,the said city agrees to cause the cost of doing such work to be assessed, col-
<br />eeted atvi Paid to said 0-on.tractot- In the manner fixed by the statute governing the making. of such Improve-
<br />Tb
<br />aoh of tht Qaitdlites and stipulations of this contract, including all and singular the pr�ovIllons and
<br />tt b the►jatiat lei 8peeifi ittuns and resolution aforesaid, the undersigned binds himself or itself,
<br />1•tl rho t'sopettivi littccessor aY assil;!=s-of each -parties:
<br />In Testimony WhreOf, We, the gOregOing named parties, hereunto
<br />set Our hands this llth. day Of October 1922.
<br />CITY OF SOUTH BENDS INDIANA. PHILLIP COHEN ;
<br />Contractor.
<br />BY L. B. SLAUGHTER
<br />L. P. HARDY
<br />ALBERT F . HONER
<br />Its Board Of Public Works.
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