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Tuesday June 121h., 1923. Continued. -
<br />.............�.............. .......................................... .--- .................. ---shall faithfniiy, comply with the foregoing contract,
<br />-made and entered into the ----- ------A AI!&-- ---------- --- da of -June 4923 • v
<br />y _.._, �9.........
<br />with the City of South Berd, Indiana. and shall fulfill al'P the conditions and stipulations therein contained,
<br />according to the true intent and mea,iing th=reof, in all res,,<> Als, then this obligation to be void, otherwise
<br />to be anq remain in full force and virtue in law. in the eve. the said City shall extend the time for:tht
<br />com letion of wort;, such extension shall not in any way release the sureties on this bond.
<br />his shall be a construction bond, and the sure }it's on the same shall not be Meld,responsible for the'
<br />maintenance and. repair of the improvement after it has been etcce�ted by the set # jiar4 but such sureties,
<br />shall be held responsible for the fait'-ful compliance with all other'condit'sons, 'stipulations and requiremhnts
<br />towered by or set out in the contract,
<br />'9 =S'S our hands and seals this ------- ninth- -day 1923 a 19
<br />surance _( � a • rT - K _(SEAL)'
<br />John J. Lloyd r BYF. W.' KELLFR _..�._._. _ fzi, oecretmryr— Prey
<br />The above bond approved this.. .....12th........ ..dal, of .............. .�e ... j23; 29.......E
<br />L. B. SLAUGHTER
<br />L. P. HARDY ._._.... ......_..
<br />Board of Public Work&
<br />PUBLIC IMPROVEMENT CONTRACT
<br />THIS AGREEMENT, Made and entered into this nth. day of June 1923
<br />by and between The White Construction Company of the County of Cook and State of
<br />Indiana, (hereinafter referred to as the " Vontractor and the City of South Bens
<br />in the County of St. Joseph, and State of Indiana, by and through its Board of Publie
<br />Works (hereinafter referred to as the " City"), under and by virtue of an Act of the
<br />General Assembly of the State of Iridiana, entitled " An Act Concerning Municipal
<br />Corporations, " approved Marsh 691905, and all amendatory and supplemental acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to con»
<br />struet sheet asphalt pavement using Mexican asphalt on Sadie Street from Washington
<br />Avenue to Linden Ave. in the City of South Bend, Indiana at and for the following
<br />prices:-
<br />curbing per lin ft...............................50
<br />Cement walk per sq. ft.......................... .20
<br />300 lin. ft. of 8" conduit pipe per lin ft...... 1.00
<br />12 ;:tee► inlets, each............................13.00
<br />1+ inlets reset each ............................. 3.00
<br />2 manholes covers'reset each....................3.00
<br />571,-cu. yds. of 'grading' per cu. yd.........:...:1.05
<br />96lin..ft;. of marginal curb p r lin ft...........40
<br />2185 sq. yds. of sheet asphalt pavement using
<br />Mexican asphalt per sq. yd.............. 2.82
<br />gild to perform all work in the prosecution of said improvement under and according to the #erms and con-
<br />ditions of Itnprovement Resolution No. -------�.1-3$ - - ,adopted by the Board of Public`Works__.J�da7rr h..2�,1923 .
<br />and the plans, profile and specifications on file :n the office of the Department of, Puhalic Works. which said
<br />re;;olution, plans, profile and specifications are made a part .hereof as fully andeffectually as if copied and
<br />set emit herein at full length.
<br />The contractor ftirtfier expressly covenants and agrees that in the proseeution of.said''woric all proof r
<br />skill 9-ed cane': 11 be exercised: ih; t he >:'l p_ooer'v �r -d 1 wo , all excavations ani-dangerous places,
<br />and v� .l use all•due a.r_d proper precafitio n to prevent 'injury to :ny person or pre^_-rty; that in the event of
<br />any injury or damage resulting from the war' or resulting from amV matter or thing conrected.therewirl .or
<br />arising therefrom, to any pers--i or property, he v- ll nav ar.-i liquidate the same at his own expense, and as-
<br />sume 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 s" id work or -its construction, the said
<br />contractor will at his own expense defend the same, and will pay any. judgment recovered therein. and will in
<br />all respects fully indemnify and save harmless said city, its officers, agents .t)�r representatives from- all cost,
<br />expense, payment or judgment recovered in connection with such claim or claims, action or actions. And f
<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 conclusive against the contractor and against the surety
<br />on his construction bond, as to th- amount, liability and other matters pertaining thereto.
<br />.. c :..'.mot _tat 'igrG:{'.S :tl :;;a; lain said 111�irJ't.'.'1.[ilt a-_
<br />the er nd and in the xiiaaner as fixed by the speed cation att�1 to secure rile min ri;enance al d repair t.
<br />to We with t.te Bard pf Public Works a bond -With sufficient surety tiler eon and in an amount a-, fixed by
<br />$penlhca.tiens. And in doing such rWair.. work the contractor and the btlr--ety on his guarantee bond shall 1,
<br />§134ject to the sar»e liability to the city and any other person for any 111jury or damage to any per= or pro;)-
<br />erty in the same manner and to. the same extent as is nxed in the last preceding paragraph covering the con-
<br />§trUction Work.
<br />&A it is further agreed by and between said ra.rt_'rs that the aeeeptanee of the work provided for in C—Is
<br />Contract, or the payment thereof, shall not c., :stitute a waiver or thf! Part pf the city of any of th§.provis-
<br />Wits of ibio.,contract, nor shall it release said conlizetor or the furetles on l;ls b nd for the faithful perfor t-
<br />a1ice thereof, nor shall the acceptance be prima fazzle evidence of the perfornianee P. Ally provision of this
<br />CwIMcta except to the extent of entitling the contractor to 4he contract price therefojr,
<br />'The echtractor agrees to pay for all, labor and materials tu§ed orfttr'nj§?3e€1 to he lased in the making of
<br />such lmproveu-vent and in the performance of this contract, whether dome Pr f4rAbbed imr him, pr his agent,
<br />aaI}garee,,somessor or subcontractor; and:;the city may reserve out -of any 019WAn60 }paw on stay estimate
<br />in uvor °of the Contractor or e-:� assigns, or out of the aumpant due hirn or No mognp apt e completion
<br />of the `mark., so wu& as ma, cessary.to pay, all laborers of Imatc ipq men l4 0- # due them for
<br />Work dout or Materials useu or 1-urnished to be used in the, perf6rmaw of lthit trp4the doing of
<br />s4id wm�sz¢ and tat county €rtasures, acting as city sreasuxgr,. ma t�tain , gpllt te$o� ji @F
<br />gvOley-rs a�sess�ds tor said iutgrvveu;etlt to pay such debts nor until t e -at owwo l ow ; yi '-bedp
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