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<br />'�'�I'i'T1ESS csurhands and seals tbis .23xd«•- .da of...._.....cI17�.G...�..9�.._..
<br />MARYLAND CASUALTY COMPANY THEY A i CONSTRUCTION COMP
<br />-y.. . E...f,;----HAbX .......................... ��BA .)........... BY..H....-R.....DETXZI I L)
<br />I s orn y in act.. C� . ' )...... -------------_- - � ._�.......... .............(�� ' � �
<br />The above bond ,�r�o-Jc i` this -__ 7th. y .._. ay of.......................aIIL�x1;e..X9?2A, x°}......,..
<br />------------------
<br />L�j. P.
<br />HAARDY
<br />................
<br />PUBLIC IMPROVEMMT CNTRACT.
<br />This Agreement , Made and entered into this 23rd . d€ay of June lg22
<br />by and bet�reen White Construction Company pf the County of Milwaukee and State of
<br />W consin Thereinafter referred to as the Contractor ) and.the City of South Bend, '
<br />in the County of.St. Josephi and State of Indiana, by and through its Board of Public
<br />Works, (hereinafter referred to as the " City") under and by virtue of an Acyofhte
<br />General Assembly of the State of Indiana) entitled " An Act Concerning Municipal.
<br />Corporations, approved March 6919059 and all amendatory and supplemental acts there-
<br />to:
<br />Witnesseth, that the contractor covenants and agrees to con-
<br />struct pavement on Virginia Street from Broadway to Indiana Avenue, in the City of
<br />South Bend, Indiana at and for the following prices:-'
<br />491 cu. yds of gradI ng per cu. yd............ $.9.0
<br />4 inlets reset each 3.00
<br />2 maholes reset, each 3.00
<br />95 lin. ft. of marginal curb perlin ft. .40
<br />1523 sq. yds. of asphaltic concrete
<br />pavement using Mexican Asphalt
<br />per sq, y . 2.40
<br />aq4 tO f9florM all. work in the prosecution of said improvement undl r trid zczxMiig to the tems and „a.,
<br />d'tlong of Improvement Resoi,r*ion Itio...g ? y �6_----------__. adopted, b tha Br.3re'•, of r tiblicark5..:.Ap x i 1..,,7. ,1922.
<br />and Ow pioms, profile a-nd specifca*inns on file in the office of the Departr_lent of Public Works, which said
<br />r"aiutioh, plans, profile and specifications are made a part hereof as fully and effectually as if copied and"
<br />§#t PlAt he -ruin tat fell lenerth,
<br />The contractor further expressly covenants and agrees that in the prosecution of said work all proper
<br />sl ill and care 411 be exercised; th"t he ;'1 proa^r' -. nr^ ---d p.o'-(--t all excavations and dangerous places,
<br />ATIA ,.%lll u§@ 0,11 due a.r.d prouar precaution to preveri.t inju--y to any person or proner`v; that in the event of
<br />any injury or damage resulf!'.7Z from the or resul*.i-g from az,y Tratt-er or thing connected therewith or
<br />arlaing the-refrom- , to any persez or property, he 111 nay are liq--id.ate the same at his own expense, and as-
<br />®ltnlc tho -liability therefor; and in the event of any ciair•i or claims being made or any action or actions bein
<br />hr©uight against the city by reason or on account of or growing out of sn.id work or its construction, the sal
<br />p®ntraetor will at his own expense defend the same, and will pay any judgment recovered therein, and will in
<br />411 rcap@ets fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />exponae-, payment or judgment recovered m connection with such claim or claims, action 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 />thwA >kny judgment rendered against the city- shall be conclusive against the contractor and against the surety
<br />ft ka, em'strut4aa hmad, As to the ate:: .: , l Dili y and od! r matters pertaining thereto,
<br />And thP; e-OMro.ctof agrees to maintain said improvement and make such repairs as may be necessary €ryi
<br />lh" P@f'itd lard ii9 the tfr;atMf its fired key -the specifications, and to secure the maintenance and repair thereof"
<br />tO 11lt, with tl3e Board 6f �'U611c Works a bond vilth sufficient surety thereon and in an amount as fixed by the
<br />Rpt-Ofi ations, AM in doing such relasir work the contractor and the surety on his guarantee bond shall b,t
<br />Afihjou it) the fifte e liability to the city and any odor person for any injury or damage to any perst;n or prop-
<br />erfy In the same. manner and to the singe extent as is fixed in the last preceding paragraph covering the con,
<br />slruction work,
<br />Awe it is further agreed by and bct°weem .said par6eG tint tlse acceptance of the work provided for in thfa
<br />r4611tract, or the payrt,t;lit thereof, > hall not ci :,tote a waiver on the part of the city of any of the prov s�
<br />i"n$ of this contract, nor shall it relaa;,e sai,� r_- ;tcx or tke sureties ou his bond for the faithful perfortu»
<br />ance ther 'of; roar shall the acceptance le pri :ca f_:cie: eaidence of the performance of any provision of this
<br />eontraet, except to the extent of entitling file c<x t .c:or to the contract price therefor.
<br />The tontract it agroes to pay for all labor and materials used or furnished to be used in the making of
<br />stach tmprovettit tit and in the performance of this contract, whether doneor furnished for him, 'or his aggnt,
<br />assi,g CO, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />In favor of the contractor or 1� t assigns, or out of the atrtoant due him or his assigns upon the comtpletii�n ,
<br />of the work, so much as may cessary to pay all laboreYs -or wateriQi tuen for amounts due them for
<br />work done of ruateriali i sea or furnished to be i -SJj—; a the. performance of this contr act and the doing of
<br />said: work, and the county treasurer, acting as city tre: surer,, may retain money cot% fed from property
<br />owners assessed for said unpro eiaent %0 pay such d_�? is cr esrf�ii the �trr_�+;r st.ows that they have been
<br />id of satiahed
<br />t = a' I4'•wtP.":.;a1 1?"t teal, utreeis s>r k-..... of -. ai
<br />it cr is re n�
<br />ir- ,r ; -f-e t sh ll be c- b,Pt r
<br />f'�e r;c.;.� of r_, rfl- r- � ' or,o ed a•^s-,,;.<r� r t
<br />- = c Y.':re to~-•F of
<br />*=etle
<br />a s the ti for tl e '. - of the sa. 'n _lab of a in v �---t-...._......__ _... P'ul�� ------
<br />':* e hoard of clWorl's,
<br />t- d it is a-re,cl a y ,, h -Y+.. ,ors of ti cr �^v alter, on cf tt,is ntract or of the manner or rnp 'A-
<br />o� cf doing suich vrork sh-fli �n no way affect the duties, obl;e_-at;o,:s or liabilities -of the contractor or his
<br />ti.,..
<br />It is agreed that the contractor shall not .ssign this 44T r�,ct, or sTzb-let the work or any part thereof t
<br />be d,ne h;,.e, ; 1rr, wi;h,;..t ti ii >n co:_; rt of the f .:: rd of P;:blic Works.
<br />It is furiziet afire. d u d 11 ip 12.`ed tli,t r`,e contractor shall give to residents of said city and crntnty
<br />pn ference in the eanplovm, it of . ll labor Necessary in the performance of this contract, and failing to -Im so,
<br />Shall forfeit to the city the sarn 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 things to -bedone and
<br />pr t fr�rr e i by said contractor the said city agrees to cause the cost of doing such work to be assessed, -.col-
<br />lect �� 1 pa,i€l to said contractor in the manner fixed by the statute governing the making of such improve-.
<br />To oz-c_k of the conditions and stipulations of this contract, including all and singular the provisions and .
<br />tzr"is of the plans, profile, specifications and resolution aforesaid- the. ,inrinrsl¢nPd h;n,4Q h;mce14 esr ;f..1;
<br />
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