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The, following contract a'pp rov4d,
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<br />PUBLXC IMPR0VE&4ENT 1CONTRACT.
<br />This Agreement; Made and entered into this 16th. day of June 1920.
<br />by and between Bert Megan of the County of St. Joseph and State of Indiana (herein-
<br />after referred to as the." Contractor"), and the City of South Bend, in the County
<br />of St. Joseph, and State of Indiana,, by and through itd Board of Public Works, (here
<br />inaf tier referred to as the " City") , under and by virtue of an Act of the -eneral
<br />Assembly of the -State of Indiana, entitled " An Act Concerning Municipal Corporat ian
<br />approved March 6,1905, and all amendatory and supplemental acts thereto.
<br />Witnesseth, that -the contractor covenants and agrees to construct
<br />grade, curb and walk on Various Streets in the C ity� o£ South Bend, as ordered by the
<br />Board of Public Works at and -for -the followig prices:
<br />cement woliC par,sq..f"t.. .. .... ....:............ .30
<br />cement Gurb,ar;7in.ft............... ...... .60
<br />Grading -per cu. yd..�...... .............:........ 1.25
<br />, d rb perform all work in the prosecution of said improvement under and accordlug to the terms and can,
<br />ditions of Improvement Roesolution No 778 '
<br />_______ ______ adopted by tie Beard- of Public TJVorks.....,.....,.....,.,,,....,
<br />and the plans, profile Prd specifications on file *-t the Office of the Depa..tment of Public Works. wi+i+'h said
<br />resolution, plans, proflt and specifications are made a part hereof as fully.and effectually as if copied and
<br />set out herein at full length.
<br />9. sort"actor further expressly covenants and agre s that in the prosecution of said work al] prop: r
<br />sill a Care +1 b exercisr.i, th * he�ner'� - d 1 0 ;+ all excava.ions and dangerous ptr s'k,,
<br />and '1.ttsc v' d„e a rd r� °)er Pr ,;:, on to pr v t inju y to xi.y person or p .2-ty; tba: i•, f
<br />a91+y,injtjry or dam,, p zees ,lting fr,:ar°t` A tR,4.�. or •re +t` g fr,)n: --y 7- �t*nr or thin, moo,, o tad th rAZ—sJ' or
<br />arising therefrom, fo any pere--i or property, he v-111 t?V arl i lie.-idate t' e S" 1e at l7S own expenSA, i^ ? a{,..
<br />stln,te the: liability therefor; and in the event of any clam or claims being made or any action or act ons t ::' 7
<br />brc:-+ght aga;n t the city by reason or on account of or growing out of s`d rior'• or
<br />' contractor will' at his own expense defend the same, and - •,,ill pay any judgment recovered therein, and all respects fully indemnify and save harmless said city, its officers, agents or representatives from ail cam-'
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actin.^.s. A 1 f
<br />within ten days after any such action is�begurt, the city shall notify the contractor of tn�_ per-?t-cv th-r
<br />tboa R4 judgment rendered against the City shall be concirsive against the contractor and against the sirn,ty
<br />Q laic constriction bond, as to th � amount, liability and other matters permining tb reto.
<br />And the contractor agrees to inai. t ain oaiC? �i-1pr0-?T: xneut a,�d nial:e .such repairs as may be necessary iui
<br />the periiod and in the manner as fix d by the snQci5catmns, and to secure tie maintenance and repair therecaf
<br />tOTle with the Board, of Public Wo' a a bond t-r th sufficient surety thereon and in an amount as fixed by the
<br />s159cifications, And in doing.such repair work the contractor and the surety on his guarantee bond shall be
<br />st:bjtCtto the sar_.e liability to the city and,any other person for any injury or darnage to any pi rs: n or prop -
<br />arty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the cwi
<br />struetion wore{,
<br />-nd it is further agreed by and between said panties that the acceptance of the work provided fpl, L., t' '
<br />arritraet, or the payment thpr.of, shw11 not constitute a -waiver on the part of the city of any of t' c; p}N,
<br />tc i.s of this contract, nor shall it rGleasc said contractor or the sureties on his bond for the faithfuletffja
<br />mice thereof; nor shall the acceptance be prima facie evidence of the performance of any proviszr�pn of
<br />aoz'ttract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor-ageets to pay for all labor and materials used or furnished to be used in the making of
<br />such linproverncrt and in the performance of this contract, whether done or furnished for him, or his agent,
<br />4116191100, Suedessor or subcontractor; and the city may reserve out of any allowance made on any esti,_�# tg
<br />In dsvpr of tte contractor or ' assigns, or out of the amount due him or his assigns upon the cornplaiion
<br />of fao Work, so r?u4t as ma- cessary to pay all laborers or material then for amourtts due theta for
<br />wwk dwue or materials useu ;� .arnished to be used in the per€ortrance of this ccoutract and the doing of
<br />sts d ttta�';:, a;d ttAm e:.tau;aty tr�.�a;:rer, sctiug as city treasurer, tray retain tdoncy collcdied from property
<br />€� 1� rs_ €t ge'Ssed fEar said itztlarW*A:Utent to pay sach debts or until the cvtttyavtr r &,lowVs t1r.3 t they fray°; be crt
<br />i�it1` satia�sed
<br />` .z �r,.:a �-a, �.' f'j remo � all rr:a.-.:..•
<br />�n..earth., and un,:sed 111atel ial N tilt ahr' ,%tfj 01'
<br />4pon the Cgmpletiot of or the repairing thereof,
<br />ghe orlr of rr+ql�ir; s+, }t improvement shall be cor.:nleted accordirg to the t@rliis of #his tol,tzttd bti tat
<br />befog e tiwe _
<br />tileGg the time for the cornpletion�of the sa. ---- s4^tl ba af`yz.................. ,.
<br />�` be eY ndPd in w by tl�a L�srd �f l hi+� Iojt-§,
<br />And It is afire€d that any € +:h e�titen^ion of ti-r;e, or any altera `ioninf thzs contract or tiP
<br />@d of doing such work shall in no way a sect the duties, obligations or liat5ilitiee of the conti,ottbr, of ltsrsu�
<br />tl@�:
<br />It is agreed that the Contractor elhall rot :?.ssign ;his Contract or sub -let the work or any part t}tet'eitf t�
<br />be don@ W@under, wirhq t t1iA _.en co. n of the Board of P.�hlic Worlts,
<br />It 4 Furth@r agreed and 5: nti� 1.+ed r.?„: contractor shall give to residents of said efty,a,tid edti'lly
<br />Fr@f@r@nest In the ejzrzpl®wt} nt of all labor necessary in the performance Of this co-itract, and fazlzfzg to dj 6#
<br />9611 fOrf@it to the city the sam of ten dollars for each fail+are to observe this stipula;tiott,
<br />And ouch the performance of all the terrns and conditions of this contraet, sand things to be dal
<br />�Orformvd by said contractor the said city agrees to cause the cost 'of drying such work to be a,ssisstd, ce1
<br />-00d Itud Paid to said contractor in the manner fixed by -the statute governing the taking ®f shalt lm re yea
<br />,ANta: p
<br />T4 tath of the onditieaus And stipulations° of this contract, including all and shigular the provi.Ni tt o and
<br />"-li%g d the pllhA%, profile. specifications and resolution aforesaid,! the undersigned .b1ndq f;smseff er ifs€ t,
<br />%Wftasor or assigr•s ,of such parties.
<br />IN TESTDIONY WHEREOF, We, the foregoing named parties, hereunto
<br />set our hands this 16th. day of June 1920.
<br />CITY OF SOUTH BEND, IYDIANA.
<br />BERT MEIiAN
<br />BY G. A. ELLIOTT Contractor.
<br />HARVEY F. RCSTISER
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