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235,
<br />Tuesfty May 15th-v 1923.1centiuusd-
<br />....................... .. . ........... ......... ----------------------------- - -- - ------------ shall faithfully, comply with the ioregoing contract,
<br />made and entered into the.- -_---.._.TWI� .............. - - - ------ - day of--------------_._ ]j - 1 2 ,
<br />with the Cit ' j.oi South Bend, Indiana the
<br />;n? and sba'I fulfill alFtb- conditions and stipulations rein contained,
<br />according to the true intent a -Qea«_-_ng th�rtof, in all re_�,,- As, then this -obligation to be void, otherwise
<br />to be and re -main in full force and virtu-_ in law. In the eve.. the said City shall extend the time for the
<br />completion of said work, such extension shall not in any way release the sureties on this bond.
<br />This shall be a construction bond, and the sureties on the same shall not be held responsible for the
<br />maintenance and repair of the improvement after it has been accepted by the second party,but'such sureties
<br />shall be held responsible for the fait`{ul compliance with all other conditions, stipulations and requiretnents
<br />covered by or set out in the contract.
<br />WITNESS our hands and seals this .......... 741&w ... . . . ....... day oL ......... . ... . . . AX"1923 19.
<br />G494E INDEMNITY- CO,
<br />1AL) WILLISTO)L.r 4_QNJ3TR1gCTIOK C2E K�ALJ
<br />BY 1WM1
<br />.... . ....... ........ ---------------- w ------------------------------------ ---- (SUAL) .BY E.. A. COATES
<br />The -above bond approved tbi,,z� ............. I ............... Iploje a i Jk&tJ._(SEAP
<br />_.day of ....... 19
<br />SLAUGHTER
<br />----------
<br />L. Po HARDY-
<br />- ------ - ATBIRURT"'
<br />Roard of POHC worim
<br />PUBLIC IMPROVEMENT CONTRACT
<br />this Algreementl Made and entered. Into this ilth. day of May 1923,
<br />by and between The White Cons.truetion Company Of the COURty #f Cook and State of
<br />Illinois (hereinafter referred to as the w contractor")p and the City of South Bond#
<br />,in the Cou ty f St. 39s#ph9 and State of Indiana 0 by and through its Board of Public
<br />Works, (kereinariter referred to as the " city")9, under and by virtu* of an Act of the
<br />General Assembly Of the State Of Indians, entitled * An Act Concerning Municipal
<br />Corporations# ?,approved March 6919059 &Ad all amendatory and supplOMORiALl &0tG there . tot-
<br />h, that the contractor covenants and agrees to construct
<br />Shoot aspbalt pavement using Mexican Sheet asphalt on pox Street from Miami Street
<br />to high Street, .14 the City Of South. Bonds Indiana at and Per the following prices: -
<br />curbing per lin ft ......... 0*00#*****00*900*0*0$.50
<br />Cement valk .per Sq. .20
<br />300 Tin. ft.- of conduit pipe per lin ft ...... :.l.00
<br />10 new inlets
<br />10 inlets resets
<br />4 manholes curbs and covers, reset each******* 3*00
<br />1185 cu. yds. of grading per cu. yd.000,000*00681 05
<br />214 lin, ftLO of marginal curb per lin ft .......
<br />.40
<br />4543 sq. yde. of Sheet asphalt PSVOMOzt Using
<br />Mexican Asph it per sq* yd*s***2@79
<br />to perform 411 work in the prosecution of said improvement under and according to the tonas ar
<br />01601rut of Improvement ResnlutionV6. adopted by the Board of Public Works.__F 'N __91923
<br />;and the plans, profile and specifications on file in the 'office of- the � Department of Public Works. wbith W4
<br />resolution, plans, profile and specifications are made a part . hereof. as fully and effectually as it copied and
<br />met out herein at full len-th.
<br />ti
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill alid care r,M be exercis53that he rll all excavations and dangerous places
<br />jury he event
<br />and ' ,;It use all due and pro -Der precaution to prevent in -.r-y person or pron?rty; that in f
<br />_&irg from sny matter or thin connected theiewith or
<br />any.injury or damage resulting from thew-) orres, t is
<br />arising therefrom., to. -any person or property, he 1-411 pay ari liqui6te the same a- expense, and as.
<br />some the liability therefor; and in the event of .any CLa,irl or 4ims being made or any action or actions betiti
<br />brought against the city by reason or on account of or grow -mg out of said work or its construction,, the said
<br />contmetor will at his own expense defend the same, and vMl pay any judgment recovered therein, and will in
<br />all respects fully indemnify and recovered'save�harmless said city, its officers, agents or representatives from all cost
<br />expense, payment or judgment in connection with such claim or claims, action or actions, And 11
<br />Within ten days after any such action is begun, the city shall notify the contractor of the pefidtncy the -roof,
<br />tbc!n any judgment rendered Against the city shall be coneltisive against the contractor and against the surety
<br />an his construction bond, as to tb- amount, liability. and other matters pertainir4 thereto.
<br />tt
<br />ai
<br />e period and in the ma.iner �as fixeabythe si)f-citicationc, and to stc-re 111c ill, - i a
<br />ti, file. with 6e Board of Public Works a bond w'th sufficient surety thereon and ir. anamount as-151.�^d'-1
<br />SIAMfications. And in doingsuch repair work the contractor and the surety on higuarantee bond SlIvi-A L
<br />pi 'Viet t to the satrie liability to the city and any other person for any 41jury, or damage to any per , or pro:,
<br />rrly in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />0 uctiol) work.
<br />And it is further agreed by and between said rart7.29 that the acceptance of the work provided for in this
<br />contract,, or The payment thereof, shall not constitute a waiver on the part of the city of,any of the provis-
<br />ions of this contract, nor shall it release said contractor or the sureties on his bond for the faithful perform-
<br />ance thereof ; nor shall the acceptance be prima facie evidence of the performance of any provision of this
<br />contract, except to the extent of entitling the contractor to the contract pr;ce therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the making of
<br />u his agent,
<br />such improvement and in the performance of this contract, whether done or f rnisIVA for him, or
<br />ss-igrlee, Succes9dr'or srubconfrAdt6r;-and the, city may reserve out of any allowance made on any estimate
<br />in fa: vor of 'the edntractor or J;lassigns; or otvt,off the amount due him or his assigns upon the completion
<br />�-
<br />of the vroriz, so much, as mat- -cessary%topay all laborers or material men for amounts due them for
<br />work done, or 'Materials used, ?r, iurn4hed performance of this contract and the doing of
<br />said worii,.and the county treasurer, acting
<br />be used in the as city treasurer, nia z retain money colile:ted from property
<br />owners assessed f6r'siid_impfoV&i1dnt`to p.�Y` 9achdebts or until the contractor shows that they hav4z been
<br />or satisfied . . .. .. .
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