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- 163
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<br />PUBLIC IMPROVEMENT CONTRAM,
<br />This Agreement, Made and entered into this 1� th day of October 1920.
<br />by and between H. L. Davis & Son of the County of St. Joseph* and State of Indiana
<br />(hereinafter referred to as the " 0 ontraa Iotcr"yo •azfd the City of ,South Bend, in the County
<br />of St. .Josoph9 and State of In37fihs;-by and Vhrougi3` its Boaid .,of Pubiic� Works# (hereixafter
<br />referred to as the " City*), under -and by virtue, of an Ae,t of the, General Assembly of
<br />the State of Indiana, entitled " An Act Concerning Municipal Corporat ione", approved
<br />March 6,1905, and all amendatory and supplemental: acts thereto:
<br />Witnesaeth, that to contractor coven at* and agrees to construct Grad®,
<br />Curband walk on Rase Street and Kessler Blvd. from Portage Avenue to Beale, Street, in the
<br />City of South Bend, _ Ind iana, at and for the following pr ices
<br />2055 11n. ft . of curbing ' 6X7X16 per lin ft................ r 5.
<br />4,216 cu. yds. of kzrad ing par cu. yd...... . .............. ... 1000
<br />114,525 sq. ft, of cement walk per sq. ft.............. t. _.... .195
<br />to perform all.work in the prosecution o; said improvement under and aecortling to the terms avl tea=
<br />dlitions' of Improvement kiesolltti.on lvo.`.. ....e-7------- adopted by the Board of Public Works..A�aw�., �t,,,1920,
<br />And the plans, profile ar�d specifica+ ons on file in the office of the Department of Public Workd, which. 81
<br />t'esolution, plans;; profile and specifications are made a part hereof as fully and effectually 9A it copied and
<br />set out herein' of -full length.
<br />The contractor further expressly covenants and agrees thnt in the prosecution of said work all, proper
<br />skull ar.d care i't be exercis d;'th he =`t all:excava+ions and dangerouslaees,•
<br />and'tvM use all due and p-ooer preca=ltioa to or•t f�:_ t i n0i -v t^ _rrrcv person or F, arty • that i-1 *he e ent
<br />any injury or damage resulting frQrn tl,-� v or re ,?l'srg from ?-y 7^ .tr�r or thinnrer¢Pd �Vterewitfi or,
<br />arising therefrom, to any pers-m or property, he t;ll ray Prd lie.-idate the ss:Yre at iris oivn expanse, and as-
<br />swine the liability therefor; and in the event of any clam or claims being made or any action or actions bz,.va
<br />brought against the city by reason or on account of or growing out of s-'d wor" rr its conetrtrction, t ,> sal 1
<br />- eontractor.will at his own expense defend the same, and -;vilI pay any judgment recovered therein, and wi" in
<br />sail respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />ttacpense, payment or judgment recovered in connection with such claim..or claims, action or actions. A .�d f
<br />*ithi'n ten days after any such action is begun, the city shall notify the contractor of tin" pendency ther ^f,
<br />f the any.judgmeat rendered against the city shall be conclusive against the contractor and against the surety
<br />an We caaametino bond. as to tip = cmount, lia.bili* and other matters pertaining thtret6.
<br />,t r ;*4 R4 i4 r , --§ fh t 1VT The r��a:_ i cap=, ,, ate„ tIk o,sti c i e t��e u� *t><e py4 rr ��
<br />* '1' ' a , spa 6-ent sty thtland 1> 4 wa m b�ht *A tixt4 ibv t�,
<br />` #i * MA f4M..r -VTfork thf Contractor and flat NIX"ty on hip Amsmayattibba Q 1 hE
<br />) fry to try sty, a0A any other pets= ?'ar an ; p or dam to mAy peril; ;,,i bf pf p-
<br />s #* fnrw gf Ai to sly —fame extent as is fixedl, in the last prtceding paragraph &�thnq Ahe tbh-
<br />F�Fif�t9Fl
<br />A-44 it jo f 4ffhgf ILKT- d by sn4 bcfween said parts; s .t1lat the 3rcceptanee of the wotk provrdtd fiat ih ih6
<br />F04Tg4j. Pr th@ v4yf get thRrgpf, Aball trot constitute a waiver on the part of the city of any pf the previ�=
<br />1of.§ 9f M1✓3 g®i'lt 4'etmf §hall it r4le'a0re said coutra<;tor or the sureties on his bond for the iafthful p0_R,6fTUF
<br />og @ thgropf 1 R@r §N411 the ace-eptance be prima. facie evidence of the`perfortt►gnce if anjl -pros tltl lit Wig
<br />'98144kgt� @*Rpt to th@ @Xtant of entitlifig the contractor to the contract price therefor, .
<br />f Thp @par -Anon li f@@@ to pay for all labor and materials .used or furnished to be used In the/ fflakilgi of -
<br />1149 PFOVOMPM @ -M the performance of this contract, whether done.pr furbished for kith; or his dgetit,
<br />t1 @@; llll@p@§107 or .wbcontrwor and the city may reserve out of any allowance mr#dd on trey estittitttil
<br />Iivor off @ contractor or MR coigns, or out of the, amount due him or his issigns upotl the completim
<br />IN t�@ work, @® vntwh sal ma), jeeasa.ry to pay all laborers -or snaterist men for stwouttts ;due them kv
<br />9f_k i�00 9f &ttrisl8 wed 3r furnished to be used in the perforniance of t�i>f cdnirs a isnd;ttte dt�t-toi!
<br />h14 W Ni RIM th@ -fl 4aty treasurer, acting as' city treasurer; rna retain tn.ortey cofti�td l' hath �ifbpefty
<br />ow VT 9940, 94 tV ale arQV=tftt to pay sued debts or =dl the r ra thoty# tmt miry ors Wit*
<br />and uTP".S d ritaw ial 11i the stm,C is or i i4<- i .v� • �,.
<br />t+QL the comple.1in' '` the iconic -rmzt or the repairing thereof.
<br />The work of making such improvement shall be completed. according to Ce tents s of t k; co-at.v .et Oil
<br />before the -------------_ - ------ ------------------ l9-t] ..---._.------_----day of .......... ........... snb ur ry �.9�Qs 1.9......... „
<br />unless the time for the completion of the same shall be extended in w:„'ti-gig by the Board of Public Wortcs;
<br />And it is agreed that any suc4 eaten -ion of tir-i-, or any altera `ion of this contract or of the manner or mii th-
<br />od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure-
<br />ties.
<br />It is agreed that the contractor shall not assign this contract, or. sub -let the work -or any part thereof to
<br />be done hereunder,withot„t the written cons..nt of the Board of P hlic Works.
<br />It., is further agreed and stipula`ed th, t contractor shall e-i ,re to residents of said cite, and eourst:y
<br />preference in the employfn%,nt of all labor flee-2ssary in the. performance of this contract, and failing• to do so,
<br />shall forfeit to the city the sum of ten ddllars for each failure to observe this stipulation:
<br />And upon the perfornia.n.ce of all the terms and conditions ,of this contract, and things to be done and
<br />performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, co1-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such impz-ove•
<br />Iments.
<br />To each. of the coi dit!onc and stipulations of thi€ contract, including all and singular the proeisipns anO..
<br />terms of the, plans, profile, specifications and resolution aforesaid, tor;; ui lernigr,.ed binds himself or its:J-`.
<br />and tl-e respective successor or as+;i :s of such Darties.
<br />In. Testimony Whereof, We, the foregoing named parties,`' hereunte
<br />net our Made this 19th. day. of Oct. 1920. ;
<br />CITY OF SOUTH BEND, INDIANAt H. L. DAVIS & SON
<br />G. A. ELLIOTT Contraotor..
<br />H.P. ROSTISER
<br />JOHN 7. DEHAVB
<br />` Its Board of Public Works.
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