|
237,
<br />Tuesday .Holy 15th, 1923. Continued.
<br />'Grading per cu. yd.... ...... ......... 1.05
<br />586 lin ft. of margirml curb per -li» ft.,,, ..... .4o
<br />8765 sq. yds. of sheep asphalt pavement
<br />using Mexican Asphalt per sq. yd.-..1.90
<br />i to perform all work in the prosecution of said improvement under and according -to the terms and coa-
<br />ditions of Imptovewent Resolitf;on Nvo... 1104:........... adopted by the Board of Public YNorks... '.�i e....2-7 1923
<br />and the plans, profile and specifications on file in the office of the Depa-tment of Public Works, which sat
<br />resolution, plans, profile adtf specifications are made a part hereof as fully and effectually as if copied and
<br />set Out herein at full length.
<br />"be rontraetor further expressly covenants and agrees that in the prosecution of said work all proper
<br />skill ai4 care - M be exercised; th?the ,:,t r, on `.tr -r 1 l' all excavations and dangerous places,
<br />and , 111 use all, due irid proper precwi+* to pr ,� * m,•v.ry ^ry person or F c^arty; that in the event tip
<br />any injury or datna:e resultingfrom the frotoe from. .v met*.er or thing connpcteci theravaith or
<br />arising therefrom, many person or property, he � ill pair ar � lie_-idate .the same at his own expense, and as -
<br />sumo 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 raid work or its,comtruction, the said
<br />contractor will at his own expense defend the same, and v.,ill ray any j0gment.recovercd therein, and will in
<br />-all respects fully indemnify and save harmless said city, its officers, agents o ' epresefitatives from all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. And 4
<br />within ten days after any such action is begun,. the city shall notify -the contractor of the pendency thereof,
<br />th n any judgment rendered against the city shall be conchtsive against the contractor and against the surety
<br />on his eonstruction bond, as to tb .,amount, liability and other matters pertaining thereto,
<br />t no the e6ntractor a%peas to maintain said improvement a::;, ,- 4_:e. au :1,}
<br />AV
<br />the, srw'uf�c ti , and to soMtft tb� mem io-ttati A VA Milt th e3
<br />4W � With VA AW4 9f Public 1i "Us a bond with sufficient surety tkereo� and ib ga atui�ht � h
<br />kk � 00119 And in doing ouch trepalr work fhe contractor and the surety to hit vAar&n % b0fid a I hi
<br />r#ib Pff P 69 9944, JjAM11 y to the city and any other person for any hijury or. damn to any par�K%ll tw OWO-
<br />l t ill the fling Mk4 met And to the lathe extent as ii fixed in the last preceding paragraph aoveflhg th% g011=
<br />NOIF" 911 wpf-k,
<br />AA -A it i�4 NftbPf aLUeed by and between said rart'.es that the acceptance of the word Provided top jn tjlfg
<br />f-.w4 PA r tbe. yli�snt t`hergof,-;gha.11 not constitute a waiver on the part of the city o any of the pfavis_
<br />MIA 0 t is aontr t nor shall it release said contractor or the sureties on his bond to partef =
<br />llliC a 1ilrra0 i ll�t. s all the acceptance be prima facie evidence of the performance of any provislo of this
<br />pti0t -ll9.1t PNV"t to the extent of entitling'the contractor to the contract price therefor.
<br />ba r-Antract0r 11 rocs to pay for all labor and materials used or furnished to be Uffed In the nifi ib" ist
<br />llil ®��Ol1N. gild In the performance of this contract, whether done or furnished for hunt 0f hie aKwi�
<br />€t111 ti R44M.Of Or anbtltractcar, ; and the city -may reserve out of any sllowastee. Made an logy a9tlftiE
<br />Ill WYK Of t o a004llet t- Or 1 "' assigl1S, or out of the amount due Him or his sefig## upon the , 00#
<br />9 t l lwpl'h� go W11A 1k8 V143 ^Mary to pay all laborers or material men idr eitteu1jJ0 44le them Jff
<br />0"% of POWAU n"u ittraished to be used in the performance of this tftraaf ld f ag ot
<br />ll ll W%% hhd the *0"Aty trtwomr. nctiug as city treasurer;.;tnay retain money eoSlk:ltfd from opofty
<br />h � 3>lnyrk4VQKek to pay such debts or uUtil the coutraew s f tllss,l o 6#4�1 ssht�
<br />and un-sed material in the streg,,tg on; std€g tlteCt►ell
<br />upon the cornpleL.on cf the imrrovem-At or the repair ng thereof.
<br />The work of making such improvement shall be con;nle±ed according to the terms of this aonffteet out ar
<br />t tfore the-......--------------- . _
<br />11!dess the time for the completion of the sane s+,a','dby of ...._._..._........._.............�........................, 1Q..........,
<br />/��;.d it is agreed that any such eeten�ion of ti*,�, w 1 e e **_ended in wn't-1-•g by the Board of Publ;c Worlesc
<br />_ or any al erg. ion of th;s cc -%tract or of the manner or meth.
<br />n,' ()t doing such work shall in no way affect the duties, obligatior_s or liabilities of the contractor or his sure.
<br />11 is agreed that the contractor shall ugt assign this c �.r r-ract, or sub -let the work or any part thereof to
<br />he done, hereu:.:der, twithovt the writ en �o. t of the Board cf P;-')Iic Works.
<br />1t is further agreed and stipula.�-ed 1-b-t ta'� contractor shalt give to residents of -said city and county
<br />preference in the employment of ail labor necessary in the mrformance of this contract, and failing to do so,
<br />shall forfeit to the city the sum of ten -'•dollars for each failure to observe this stipulation.
<br />And upon the performance of all the terms and conditions of this -contract, and thingsto' be done and
<br />performed by said contractor the said city agrees to cause the cost of doing such work to be assessed, col-
<br />lected and paid to said contractor in the manner fixed by the statute governing the making of such improve-
<br />a:erzts.
<br />To each of the conditions and stipulations of this contract, including all and singular the provisions and
<br />dXMIs of the. plans, profile, specifications and resolution aforesaid, the. underogaed bi,ids h.i:: clf or itself;
<br />t?d..tiee rsrpective successor or assig s 'of such rart;eq
<br />IN TESTIMONY WHEREOF, We, the ' feregoiag, named parties, hereunto
<br />set,. our .hands this llth. day. of May 19230
<br />THE WHITE CONSTRUCTION COMPANY
<br />CITY OF SOUTH BEND, INDIANA ' M. E. WHITE
<br />BY L. B. SLAUGHTER Pros &. Treah.:,
<br />L. P. HARDY H. B. DETWEILER, Secy,
<br />ALBERT F9 HONER Ceatraeter.
<br />Its Beard of 'Public Works.,
<br />CONSTRUCT 1©14 180ND
<br />t t' _ . pzrc,;:._ts. That w
<br />of the Co+city of.....
<br />p4 and ...__--- t-.a i - 4 . State of .I...1�A�.3�...........a a..�..., as ptinct-
<br />lasd #-�..--S �e� eli& x. & Guaranty Company
<br />of the t of Baltimere
<br />"� s _ and State of --..—
<br />as sureties, are held and firmly, bound to the City of South Bend, Indiana, in the sum of .ztJg .............„..,�,
<br />�.,.4®li'stffiEil
<br />to o }w � -- �smir- t�.�. .. -- ~.Dollar! (S g 5J2 0
<br />p �n ' �'" hic , we an truly to be' made, we jointly and. severally► bind ours;A es, oti rigl �,
<br />executors, adrginstrators and assigns, firmly by these presents.
<br />Tltt; 6bnditions of the obligation are such that if th* above named....
<br />The - i i,ta... Cm�¢�s t1 ►1sn Co.
<br />
|