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513
<br />August 7th- 1923. Cant inue_d,
<br />....___._...-_--•.W------------- Alp ... YMP.�_------- _---- -------: ---- --.-shall faithfully comply with the foregoing contract,
<br />made and entered into the .-—---- _----------- �� i,- day of _--�Ojyt
<br />with the City of mouth Bend. Indians an mall iar,- l alfth� conditions an st stipulations therein contained,
<br />according to the true intent 4r_d rnea�,.n th—eof, in all, res, I As, then this .)bligation to. be void, otherwis¢
<br />to be and remain in full force and virtue in law. In the eve,.. the said City 'shall extend the time for the
<br />completion of said 'work, such extension shall not`in auy 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 lie 'held responsible for the fait'-ful compliance with all -other conditions, stipulations and requirements
<br />covered by or set out in 'the contract
<br />v1 i I dT'� _-- - --Ts-
<br />' ! ._ S our hands and se::ts this_....---...��,yl....-.-.._......tin,+ �a�...,:-,--_-Au�U.;S�1,�,..a,�2�:...
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<br />... .._.W..........................................
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<br />'I'lic :..hove bond approved
<br />L. B. SLAUGHTER
<br />Roard 01 tlb! NOVI
<br />Pubbc Improvement +"nilract
<br />F THIS AGnEMM, Made and ettered into this.:...,. lst� -� - ��,,
<br />19..,-.:., by end between,
<br />Gerald McGillicuddy
<br />St . Joseph
<br />�,�1......y, h. $i,ri, - _ - - -
<br />e} the �ik�4�..s�,4*tlMi�iatats�.s�.i �7V�iZrg iT1.t�ia.s:llr1# Indiana �ff pmw
<br />: be remoter.. furred, to as the 1TWntraot.= 111 Md the City of South Bend# in
<br />a 0er=V vr, t. Jps*Vh, + nil State of Indiana, by and throu& its Board of ftbx:i
<br />,go $ h re saner referred to as the ; r City") , under• and by virtue of 8
<br />,e 15eneral Assembly of - the State of Indiana, entitled,', `An Act Cowerri1z6.UUV"_1.w
<br />pal porations,"approved March 8, 1.905, and. -,all amsufttdzT 0A& AUYYi t
<br />acts ereto;.
<br />Witn.esseth, that the contractor covenants and agrees to construct.
<br />pipes sewer an l yton Street from Caresline Street to 409 feet east of Center
<br />of Caroline, Street, in the City of South Bend, Indiana at and fir the following
<br />prices:
<br />409 lin. ft. of 10" pipe -per lin ft. $2.40
<br />64 lin. ft. of 8" pipe per lin ft. .60
<br />168 lin. ft. of 6" house connections per lin ft. 1.15
<br />19 lin. ft. of manholes per lin ft. 8.00
<br />4 storm water grates, each 10.00
<br />2 manholes curbs and covers, each 18.00
<br />and to perform all wow in the prosecution ofsaid improvement under and according to the terms and eoci,
<br />ditions of :Improvement Resolution No.adopted by the Board of Public Works, ` t?1.ay Rth 11923.
<br />and the plans, profile and specifications on file in the ofrice of the Department of Public Works, which said
<br />resolution, plans, profile and specifications are made. a part- hereof a* hilly and effectually as if copied and
<br />set out herein at full length.
<br />The contractor further expressly covenapts and agrees that in the prosecution of said work all proper
<br />skill and care will be exercised; that he ill proper'-y d and potect all excavations and dangerous ,places,
<br />and will use all due ar,d proper precaution -to prevent injv.ry to ..ny person or proY erty; that in the event of
<br />any injury or damage resulting from the w or'- or resnHrg from any matter or thing connected therewith or
<br />arising therefrom, to any person or property, he v-11 pay atl i lict idate the same at his own expense, and as-
<br />sume -the liability therefor -. and in the event of anv claim or claims being;made or anv action dr actions be-i#ig
<br />brought against the city by reason or on account of or growing out of s-.iri worn or its construction; the said
<br />contractor will at his own expense defend the same, and will pit-�-judgment recovered therein, and will in
<br />all respects fully indemnify and save harmless said city,_ it of c-r��erk s%- ,�reoreseritatives from all cost,
<br />expense, payment or judgment recovered in connection wi sitcb c aim or claims, action or actions. And if
<br />within ten days after any such, action is begun, the city shall notif j, the contractor of the pendency thereof,
<br />then any judgment rendered against the city shall be conclusive against the contractor and against the surety
<br />on his construction bond, as to tbv amount, liability and other matters pertaining thereto
<br />1:nd the contractor agrees to maintain said inprovement and inake such repairs as may be necessary f-
<br />a thereof
<br />the a nod and in the; manner as fixed by the specifications, and to secure the maintenance and repair-
<br />to e with the Board of Public Works a -bond tivith sufficient surety thereon and in an autount as fixed by the
<br />spsci catt®ns. And in doing such repair work the contractor and the surety on his guarantee bond #U411 be
<br />subject to the saute liability to the city and any other person for any injury or damage to any peru.= or p p-
<br />cyty In the same spanner and to the. same extent as is fixed in the last preceding paragraph covering the sour
<br />street#on work.
<br />,And Win further agreed by and between said rartyws that the acceptance of the work provided for in this
<br />contrs,et, or the payment thereof, shall not constitute a waiver on the part of the city of any of the provis=
<br />lofts 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 provi®iou of this
<br />,culAttact, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the making of
<br />such improvement and fr the performance of this contract, whether done or furnished for him, or his ageent,
<br />assignee, auccessor or subcontractor-, and the city may reserve out of any allowance shade on any estirnats
<br />in favor of the contractor or I— assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, s® much as mad-=ssary to pay all laborers or material men�' for amounts due these for
<br />stork done or materials used or furnished to be used in the performance of this contract and the doisfg of
<br />said work, and the county treasurer, acting as city treasurer, may retain money a olle:ted from property
<br />owners assessed for said impr9yeuient to pay such debts or until the contractor shows that they hate been
<br />tiai(J 9,rls
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