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' ...........................-----------------_--_--_ ._ ...___......__ ....mall faithfuls eons t t # li sae f <br />„_,,,,,, <br />10t+h. da� of ...... ...........JY.,,e„._ <br />irtatde ,and %entered, ttsto the ------- _ ._.__---------------•-----F•,x�l . <br />with the City of South $er-d, Indian? and shall fulfill al the conditions ard stlpulatlons ihardit 2C <br />according to the true intent and rneaz .,:ng th----of, in all resp,-_Ls, then this obilga€ion €o se <br />to be and remain in full force and virtue in iaw. In the eve. the said City shall extail lam' <br />leoxpetion of said work, such extension shall not a in -iy way release the aut let ou €h%t bood; <br />Plhis shall l6 a construction bond, and the sureties on the sarne4hftll not be'held i' ppn �! <br />maintenance and repair of the improvement after it has been accepted bthe and pa�$1 <br />ssba�l beheld responsible for the fait'•{ul compliance with all other conditiosn% stipt ti 8tl <br />$livered ty t r set out in the contract. <br />�VI i iv i `S otir hand& and Seals this....... 1.4 :......-.day oi....... . <br />is <br />STANDARD ACCIDENT INSURANCE C <br />C- � ..Lzi �...__ ..._..........p er ..Q... <br />........._IOU&+e---ia.: 'ssL .............(SEAL) r..,.,.....��r.....,..���� <br />The.above bond approved this--- ....--_.. }"�l.tt ,----•-t �► off.. , ,...,....J1.tl '� '�,,,., Illy: ,,. <br />L. P HARDY <br />Public Improvement ►ntrad ° <br />MENT, Made s out <br />inta Mil ��. r u L <br />i� '� by and bet�ree4 _ �� _, v- :y <br />€! PE t t _ It • c. •.s,• • a •.s: Higkmays Material . Co, <br />f MIdisSth•..•tY�tatBi''-'*`mm <br />rVed to as the ``Contractor" ), and. the City'ar Sotitth.8e f In <br />the Q %y of St** Joseph, and State of Indiana, `aid tlirQUA. �aa Boe►r� �' Fccbli <br />VO a (hereinafter rof srred. t6 as : the City' ') , ;under and: by Ivirtue cc &AAA* of <br />the Assera Ascombly of the SUte of Indiana entitled AnAat <br />wAii`Copp %iCas, s approved March 6: 1905, and a.11, amendato' ina <br />iota <br />Wilktessath, tkat the contras ter eovons�ts aidr agre*6 to sonstruot <br />ggrads, sorb and walk on Magnolia streets Kesolusake Street_, Pulaski Street, <br />from Indiana Ave. to $. J. I. & I. R. R. is the City of Ssuth Bead, Indiana. <br />at and for the following prie*s:- <br />3082 lin ft. of curbing per lilt ft, $.40 <br />14080 sq. ft. of **neat walk per sq. ft.. 017 <br />1188 eu. yds. of Fill (grading) per su, yd, 1.60 <br />and to perform all +work in the. prosecution of said improvetrlent tender and according; to the terms and croft-+ <br />dit%ons. of Improvement Resolution No.1177 _. adopted by the Board of Public Works....�i�C.:.lr`� a 1923 • <br />and -the plans, profile and specifications on file in the office of the Department of Public Works, which said <br />resolution, plans, profile and specifications are made a part hereof as fully and effectuall* as it copied and <br />set out herein at full-length. <br />The contractor further expressly covenants and agrees that itt the prosecution of said work all proper <br />skill and care will be exercised; that he = '`t rrone�_- '_ "� a=-d t o" all excavations and darirous places, <br />and will use all due and proper preca+ition tc arev1.1* injury c) ivy person or pro^arty; that in the event 21 <br />any -injury or damage resulting'from the wor'- or res-llti^.a from anv r—itter or theng connected therewith or <br />arising therefrom, to, -any person or property, `he �11 pav and liquidate the same at his own expense, and as - <br />spine the liability therefor; and in the event of any c}a r_i pr claims being made or any action or actions being <br />brought against the city by reason or on account of orgrolvin-g out of sv;ld work or its construction, the said <br />contractor will at his own expense defend the same, and vnll pay any judgment recovered, therrin, and will in <br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, <br />expense, paymerit or judgment recovered in connection with such claim or elaimi, acti it or actions. And if <br />within ten days after any such action is begun, the city shall notify the contractor of the pendency thereof, <br />tht-n any judgment rendered against the city shall be conclusive against the contractor and against the surety <br />on hia construction bond, as to the amount, liability and other matters pertaining thereto. <br />And the- concract-or agrees to mai.itain said improvement and make such repairs as may lye necessary - <br />d and in the ma.ner as fixed by the spi-ciffreations, and to secure the end it i� therew <br />tO Me i Jfh OV Roard of Public Works a bond .;th sufficient surety tiierom in i�i lm Aui��i#lI hll� d $� she <br />,end in doing such repair work the contractor and the surety on his itk%>�htaa b�d ahill big <br />§0javt to the swne, liability to the city and an_v other person for any injury or damage to alb pefo(aA of ROW <br />@fly ii7 {he tame wauner and to the same extent as is fixed in the last,praceding pl r raph iovori tho p -I <br />ij <br />01ji0i work, <br />Arid it is further agreed by and between said part'-s that the acceptance of the work providod 'jof ill ti <br />cnflfrAr- or the payrneiit thereof, shall not constitute a waiver on the part of the city of an of Ills Moll}f <br />ipl)s (if this contract, %tor shall it release said ccrttractor or the sureties on his bond for the to I.hfii psl=fol lil= <br />atjt'ft tfittrtnf; lint shall the acceptance be prima facie evidence of the perfortuarice of afly pfoVisioo ®f €ill§ <br />fofilriwt4 except to tile. extent of entitling the contractor to the contract price therefor, <br />`t°lie emitr-aetor agrees to pay for all labor and materials used or furnished to be used In tlia fflalftllf W <br />illch improvement and in the performance of this contract, whether done or fi%rtt43hed f@f hilt *r hI§ iiKpf#tt <br />pAIRalaa, sew vogor or subcontractor; and the city may reserve out of any allawwance mad@ @f ltfly a0i111 4 <br />ih #ate 0 ft mtractor or h;lz assigns, or out of the amount due him or his assigm upon fba w �a ofi <br />0 the 'work, a® mtich as Mal �cessary to pay all laborers or niateriai men fa. a ®nnta die thifi! fof <br />'ilk &A Of Wktalals used @r furnished to be used in the performance of this eonttt"t and tho "# of <br />Mid WW-R,, and tho m�-=Aty trzauircr, acting as city treasurer, tnxy retain. wancy Golk_tad from Of0piffy <br />14WV ef-% agatatld- 44id ttuproveUtent to pay such debts or until the contract", shawa that oy Mv# beLcp <br />paid .VP w4fitd <br />