|
444
<br />Tuesday September 19th. , 1922. ftU 1 i nt1 wd
<br />--shall faithfully comply with the foregoing contract,
<br />trade and enter:A into the- ------- 14Q,, ----- ---- ---- - day of---------- _sop_tse�oY:...192-2.... »....., 19.........
<br />with the City of South m , Indiana and shall fi1`ill a1F th.- condltlons and s�j'puiatiorts therein contained,
<br />according to the true intent tnea—m— th--eof, iq all rest i ts, then this obligation to be void; otherwise
<br />to Be and remain in fall force avid virtv:enn law* In the evz. the said City shall extend the time for the
<br />contpletion of said work, such 7_tersioa shall not in any way release the sureties on this bond.
<br />-This shall be a construc t4on bond, and the sureties on the same shall no't be held responsible for the
<br />maintenance and repair of the improvement after it h'Ls been accepted by the second party, but such sureties
<br />shall be held responsible for the fait' U compliance with all other conditions, stipulations and requirements
<br />covered by or set out in the contract.
<br />4irIZN SS our hands and seals this.... ..Lath._ --------=:day ®�:=�ep�i1l�3e�__-10212.-,
<br />...
<br />MARYLAND CASUALTY -COMPANY
<br />(SEAL) TH--�HITB�-_T�QNSI'R _T_1ADX___•i 0.-:__.kpRA ..r ...'
<br />Z... fim ........ . (SEAL)
<br />I ey >' act. �....:$.: _-1e-ge
<br />The above bond approved tills_ tl a tsf_., ,: �._.._._.,
<br />�-------�•.......... .....• ;� Sep=tieH�e�.'-°-���i
<br />Be SU
<br />ALBERT F. HONER.4
<br />Board of 'Public Works.
<br />$UBLIC IMPROVEMENT CONTRACT.'
<br />This Agreement, Made and entered into this 15th. day of Septembet`
<br />1922 by and between Lo H-r Webster of the County of St. Joseph and State of
<br />Indiana, (hereinafter referred -to as the " Contractor"09-and the City of South
<br />Bead, in the County of St. Joseph, and State of Indiana_ by and through its
<br />Board of -Public Works, tkereiaaft la ,referred to as the City 0, under and by
<br />virtue of an Act of"the General :Assembly of the State of Indiana, entitled An Act
<br />Conearning,Municipal Corperations, ", approved March 6t1905, and all amendatory
<br />and supplemental acts thereto:-
<br />Witneseeth, that the contractor covenants and
<br />agrees to construct pipe sewer on HuMb©ldt Street from Blaine Avenue to 114 ft.
<br />west of the W. line of Allea Street at and for the following prices:-
<br />200 lin. ft. of 10 inch pipe sewer, per lin ft....$2.80
<br />28 lin. ft of 6 inch conduit pipe per lin ft.... .80
<br />10.8 lixi,_ft. of manholes, per lin ft. 7.50
<br />1 manhole ourb and over, each 18 ,50
<br />( contract awarded at price namgd- in estimate of
<br />$635.00) and City ---to replace
<br />pavement)
<br />and ta% parform.all work 1n the prosecution of .said improvement under and accordl t the arras ante
<br />con-
<br />d10c4 of 1elpr®vwailt lhlowtlem No..�,�1].00.......-, adopted by the Board of ubsc �o�.� 121922.
<br />aid the -4 p is and e4fficitlond en file 3n the of�ice of the. Department of Pubr works, yvisfch said
<br />t'es614tloni`ptans, r®fits dad specifications are trade apart 'hereof as fully and effectually ae if copied and
<br />ist 6Ut herelh at full tength,
<br />-the contractor fhtthet expressly covenants and agrees that in the prosecution of ,said work all proper
<br />Attie and care vial bs exerch ed; thef he will ro yr?v -era c.- , .n .t
<br />l'= p � d g••o c. ail excavations• and dangerous places,
<br />and will dse aft due and proper Precaution to=prey u;t injury to :r.y person or pro -)arty; that in the event 41.
<br />an i� i� cr_dsttage result tg itonr ilia awl. or resulting from any rn%tter or thing connected therew�itf or
<br />ar sic tti rafrom, to �y person or property, he will pay and liquidate the same at his own expense, and as-
<br />stittle a llablllty therefor; and fit the event of any claim or claims being made or any action or actions bein
<br />brought against the city by reason or on account of or growing out of s�.id work -or its construction, the said
<br />tontractor will at hown e3tpense defend the same, and will pay any. judgment recovered therein, and will in
<br />01 respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost,
<br />r#!s@► pa�rtnent or nnectionwithsuchclaicli,actionractions. And i#
<br />hlaftee srwU
<br />tion Is begun, the city shall notify ilia contractorofthe pendency thereof,
<br />ktttentttAaredge` tbg city sha11 be conclusive: against the contractor and against tlu surety
<br />a xteuetiux t+ ►d► as to th� s:mduat, iiab hw and other matters pertaining or
<br />i:D(l, i.11�, i,(i1.iT..t[:iUZ dt�r,S 1C; 1- - lt:xlil Sai:i Ili,i,iUv�luiii� a. �, cca c Su_u
<br />the period and in the maainer as fixed by the specifications, and to secure the maintenance and repal"i l.111
<br />to file with t'.ie Board of Public Works a bond with sufficient surety thereon and in an arriount as fixed 1?•:
<br />specifications. And in doing such repair work the contractor area the surety on his guarantee bond shalt. v
<br />subject to the sai ie liability to the city and airy other erson for and,injury or damage to any pers, a or prcy
<br />erty in the same ihanner and to the sarne extent as is fixe<1 in the last preceding paragraph covering the con.
<br />struction work. -
<br />-And it is finiber agreed by and between said part< S that the acceptance of the work provided for in this
<br />contract, or the earn:• nt thereof; shall r_ot co istitrtc a r.,alver on the part of the city of any of the provis-
<br />ions of this contract, nor shall it release said cc-'
<br />•- .tor or the sureties on his bond for the faithful perforri-
<br />ance ther,eQf; nor shall the acceptance be prima fsoL- ;�vi.dence of the perforn:ance bf any provision of thid
<br />contract, except tq the extent of entitling the coUtruCtor 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 in the, performance of this contract, whethrs done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve cot of any allowance made on any estimate
<br />in favor of the contractor or H,, assigns, or out of th.t: ,mount due him or bis assigtts upon the completion
<br />_ of the work, so much as. may - �cessary to pay all la corers or materiaa men for amounts due them foe
<br />work done_ or materials used or furnished to be used in the performance of this contract and the doing of
<br />said work, and the county 'treasurer, acting as city treasurer, in ayy retain money Collected from pt o art
<br />owners assessed for said improvement to pay such debts or until' lZe contractor shows that they hayo bee
<br />paid or Satisfied
<br />
|