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19th. 1922. Continued. I I .
<br />The following communication received from Bonding Company
<br />in regard -to McHugh &`Cole bond and contract, read and placed oc._file.
<br />September 14th., 1922.
<br />Mr. Veronica C. Sweeney, Secretary.
<br />Board of Public Works,
<br />South Bend, Indiana..
<br />Dear Sir Re -The MCHugh , Cd.le Company.
<br />We have your night letter of the 12th. inst. and hereby confirm
<br />the execution of Mr.. Glenn Co Webb, our General Agent. at Lima, Ohio, of a bond in
<br />the penalty of 28,'067,00 for the McHigh, Cole Company of Lima, Ohio, guaranteeing
<br />a contract with the City sf South Bend, Ind. &mounting to $56,133.35
<br />Very truly yyours,
<br />U. S. DIDELITY & GUARANTY CO.
<br />BY SIDNEY HALL
<br />o
<br />Vice President.
<br />Bond'and eontraet of McHugh and Cole Co. of.Lima,.Ohie for River
<br />Park Trunk sewer District No. 1, approved by the Board as follows:-.
<br />PUBLIC IMPROVEMENT CONTRACT.
<br />This Igreementip Made and entered into this 5th, day of September
<br />1922s by and between McHugh & Cole Co. of the County of Allen and State of Ohio, (here-
<br />inafter referred to as the " Contractor"), and the City of South Bend, in the County
<br />of St. Joseph, State of Indiana, by and through its Beard of Public Works,(herein-
<br />after referred to as the " Clty"), under and by virtue of an Act of the General Assembly
<br />of the State of Indiana, entitled " An. Act Coneer�ing Municipal Corporations," approved
<br />Mareh 691905, and all amendatory and supplemental acts thereto
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />River Park District Bumber One (1) at and fdr thelfolliwing prices:-
<br />5,54 lin. ft. of 36 inch Robin6on Segment Block per lin ft. $6.80
<br />° 4.06 1in.- fti. 0!`30 i»ch R®Uinson segment Block sewer per lin ft.6.25
<br />220 !in. ft. of 24 inch vitrified pipe sewer per lin ft. 4.00
<br />584 lin ft. of 20 inch vitrified pipe sewer per lin ft. 3.75
<br />1476 iim ft, of 18.inch vitrified pipe sewer per lin ft. 3.00
<br />4029 lily ft. of 15 ineh vitrified pipe sewer per lin ft. 2.25
<br />34fl� lin ft. od 12 inch vitrified pipe sewer per lin ft. 2.00
<br />3983 lin ft. of 10 inch vitrified pipe sewer per lin fig. .1.60
<br />2924 lix ft. of 8 inch vitrified pipe sewer per lin ft. 1.40
<br />8902 lin ft. o f 6- inch vitrified pipe, sewer per lin ft. ,85
<br />582 lin. ft. of manholes per lin ft. 7.00
<br />52 manholes, curbsaa doevers, each 18.00
<br />127,storm water inlets, each 24.00
<br />1 retaining wall...... 350.00
<br />and W pgrwm all work in the pr o5eautinn of said irnproverrrer t under arrd according to the terr,,s �rrdc�r1�
<br />t4 Ympt-,ovase`en.k 1 F,fgxtinfr fir,, . _ adopted by they Enard of Pub -Tit Wiarkv �. t ,4,,Iy. 1,91,�. 1922
<br />910 thp; p1gtio, py.ofilt a�rzd^fil,fcif s.t'sors. fin file in the office of the Tepa:t .ert c;f Po is ���,:ks,,��1�t�j� ".�d
<br />isf4'Jfjjf;l ti, �lar.4�, l,f cifi.l t and .;pt cificatious are made apart hereof as L-,! and ef£ectaarly as if eo�icd a114
<br />94 flat fii,fot-tt ,t full fi,,ngth,
<br />11 [vi, P,,6Atr 1trtFJr hirtber c pry ,sty covenants and agrees that in the prosecution of sari word. a:11 vtoiwr•
<br />EiI;:J`{i a.;rrl t„J,it,l7tii I,S e54V"MSf_J; that he --r:11 proper r' old p> -o'' ct all excavatioris and 4ang- ovs places,
<br />kit'! vNil1 'It ii .il`(lurs and j;roj}er Fi?'FcaU'.?Ori to prevert Injury to ;nv pe7s0l or 1 thaat ! +11
<br />y iitjur;y Of dr+.ran=,e; r.;suitrrt; from the w-)r': or resuz Ong from a•,,y mi.tter or thin- eonn,�c+_^,l tl,crmvi"i1 or
<br />set:+Jiil;, flitrofront, to any person or property, he v.41 nay anvil lio..idate the same at his o\vr; expense, and as-
<br />Hliiwt t.h+s lialjllity t:h(ucf.or; anal. in the evei,.t of any claim or claims being made or any action or actions b..ing
<br />bl-01tt'rh at�ttinst the-, city by re�_suri or on account of or growing out of said work or its ccnstructioa, the said
<br />turJtriruturuWill at his own expense defend the same, and will pay any.judgment recovered therein, and will in
<br />nil lrer>l,ut.t:z frilly ittdleranify and save harmless said city, its officers, agents o1 representatives from all cost,
<br />e,x1)(,.w;f,, p-Lytrierdt ar judgement recovered in connection with such claim or claims, action er actions, lend If
<br />vithin tear Oars after any such action is begun, the city shall notify the contractor of the pendency there.)f,
<br />th,pri any judgment roxiaered against the city shall be conclusive against the contractor and again- the surt;ty
<br />%ou 2ki ,�� ct` b ut as to tth- amount, li%W4ty and other matters pertaining thereto.
<br />'�t iiT uco�Jor ac Was o maintain said improvement and crake such repairs as may be necessary
<br />the ggeriod and in the mariner as fixed by the sxecifica.tions, and to secure the maintenance and repair thereof
<br />to file. with the Board of Public Works a bond with sufficient surety thereon and in an amountas fired by the
<br />4peeificatiopsa And in doing such rel,►air work the contractor and the surety on his guarantee bond shall be
<br />subject to the san re liability to the city and any other person for any injury or damage to any persi:;n or prop-
<br />erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con-
<br />struction work.
<br />Aud it is further agreed by and between said part es that the acceptance of the work provided for in this
<br />contract, orithe payment thereof, shall not constitute a waiver on the part of the- city of any of the provis-
<br />ions of this contract, nor, shall it release said ccntractor or the sureties on his, bond for the faithful perform-
<br />ance thereof; nor shall the acceptanceK be prima facie evidence of the performance of any provision of this
<br />contract, except to the extent of entitling the contractor to the contract price therefor.
<br />The contractor agrees to pay for all labor and mateiats used or furnished to be used in the making of
<br />Such improvement and in the .performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, Successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in favor of the contractor or 1- assigns, or out of the amount due him or his assigns upon the completion
<br />of the work, so much as ma} .cessary to pay all laborers or material men for amounts due them for
<br />Work done or materials used or iurnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting. is city treasurer, in aa retain money collected from property
<br />owners assessed for said improvement to pay such debts or until t contractor shows that they have beep
<br />paid or satisfied
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