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647
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<br />WITN7 "S our hands and: -Seals this:•-7th............°.....day" of ... 6.....s
<br />............ —----- --••--•----• .. ...........(SEAL)
<br />(SEAL) Globe indemnity its. C om Qrn
<br />•-1T(�mer 1r7Tre ee At e y s)c t .
<br />The above bond approved this---------_-£3th ...... .- ..day of .............TUZ4 = 2
<br />.....A....EL,liIOTT
<br />........................... .....,M., HARVEY . F R OS T ISER
<br />Board of Public Works.
<br />PUBLIC IMPR (NEMENT CONTRACT
<br />This Agreemnt, Made and entered - into this 4th. day of June
<br />1920 by and between McCready Construction Company as pr inc ipal and the Aetna Cas lauty
<br />& Surety Company of Ha-�tt-ore-i-e-orrrr. , -a7--_urety of the County of St. Joseph , and
<br />State of Indiana., (hereinafter referred to as the " Contractor"), and the City of
<br />South Bend, in the County of St. Joseph, and State of Indiana,, by and through its
<br />Board of Public Worms, (hereinafter referred to asthe " City"), under and by virtue
<br />of an Act of tha General Assembly of the State of Indiana, entitled " An Amt Concerning
<br />Municipal Corporations, " approved March 6,1905, a:hd all amendatory and supplemental
<br />acts thereto:
<br />Witnesseth, that the contractor covenants and agrees to construct
<br />cement sidewalks on west side of Portage Avenue from Allen Street to the C. 1. & S.
<br />R.R. under Impr ovein'ent Resolution No. 772. In the City of South Bend, Indiana for and
<br />at the following prices: -
<br />3100 sq. ft. of cement sidewalk, per sq. ft.............$ .25
<br />and to perform all worts in the.prosecution of said '4inl*ovement under and according, tb the terms aixl 0011-
<br />ditions of Improvement RPsolutioiii No. _77? --------------- adopted by the Board of Public Works .... A.I?.;C_1a,_-3Q, 1920.
<br />and the plans, profile ar•.d specifications on file in the office of the Depa.. .!mt of Public Worts, which s,
<br />resolution, puns, profile and specifications are made a part hereof as fully and effectually as if copied alul
<br />set out herein at full len-th. °
<br />'r`,e contractor further expressly covenants and agrees that m the prosecution of said work all pro,:r
<br />skill a1•d care < '1 be exerciseu; that he , --d l,.all excavations and dangerous pla(�
<br />and ,;11 use all due a^d prover preca,_!-Mon to or v t inju•-y t-) :ry person or F-o`• rty' tl t i `t"' oV
<br />any injury or darnz •e resulting from th,! w-)r`. or res .il* rg f.rnm a•lv ;ratter or th ri- con v--c*ed 61
<br />arising therefrom, to any pers^-1 or property, hA 7- 11 nav air^ Lrl+idate the same at his ovvn expense, -and a_.
<br />some the liability therefor; ard,in the event of any claim or clairls being made or any ac ion o actions h-' n
<br />brc.l.ght against the city by reason or on account of or gro-wing out of s-'d vlori7 or its con�trl tion, ' s-
<br />contractor will at his own expense defend the same, and vriil pay any judgment recavered therein, and w"' i.!
<br />all respects fully indemnify and save harmless said city,, its officers, agents or representatives from all c .! i,
<br />expense, payment or judgment recovered in connection with such claim or claims; action or actions. A- j f
<br />within ten days after any such action is begun, the city ,shall notify the contrac+or of t e v-r,+_-.-.c;T ther
<br />, thin any judgment rendered;against the city shall be conchlsive against the contractor and against the surer«
<br />an his construction bond, as-to'tl� amount, liability and other matters pertaining thereto.
<br />And the ccir€rector agfec.s to Lam,:t"4it, smid 4 z �7 T,X 'tip .[1 1ai ..�tI h repairs as mF.y by tlecCsz;tary
<br />the period and in the manner as fixed by the: si;;ectycaflPtl,.g>atl iEp ��4:I� �€ tittrcr�anec and relaair tiler u.
<br />to file wit
<br />the Board of Public Works a.bon �r,th su cient sizr�ty'kli�reoa �ndan an sa�tcttarit ss fixed try the
<br />specifications. Arid in doing such repair work the'cnntiractor and the �aroy on, his Ruarantee bond shall be
<br />suaject to the savie liability to the city and any other person for ;any injiiry or da> a e to any pers r a of prop-
<br />erty in the same manner and to the saine extent as is fixed in the lan prccedilig paragraph coveri} g the cony
<br />structioii worki
<br />A=.aid it is further agreed by and befween said parties that the accPpu&,iwe of the work provieiecl for intl.fs
<br />contract, or the payment thereof. sh-.111 'rot co:tstitute; •i a waiver o the part of the city of any of
<br />ions of this contract, nor shall it ruleaic said contractor or the sureties 6.1 his bond for the faithful petforrae
<br />ante thereof; nor shall the acceptance be rinia faciei evidence of the performance pi any provision of this
<br />contract, except to the e.ztent of entitli g the contractor to the cwitraci price therefor.
<br />The contractor agrees to pay, for all labor and materials used or fuinlslted to be used in the making of
<br />such improvement and in the performance of this eontract;'w:tether doge or furnished
<br />Jor him, or his ag'erd,
<br />assignee, successor or subcontractor; and the city mayres,erve out of any allowance made on any estiruo.te
<br />in favor of the contractor or ' ' assigns, or out of the: anwunt du'o him or his Assigns upon the completion
<br />of the worm, so mutt. as ma- cessary to pay all laborers or materisk inp for amounts due them for
<br />work done or materials user .arnished to be usedin the performlirleg of this egixtract and the doing of
<br />said work, and the county r,c vng as city treasurer, niay retain fgoney ;oil cted from property
<br />owners assessed for said improvement' to pay ,suer► debt s- or uutii the, Coatriwtor show# that they have been
<br />plaid or satisfied
<br />t car i7 rernci !1 rr'. ,-`,
<br />`� - , n, ear*h, and ur sec; flizi t Ci ;s:1 iii tl+e sti c. ? s cr :r -
<br />i.l err the co.+ ,t t o 1 c` the Irrpro nr : it or the repa-itig fher .of.
<br />Tile `A'ork of i '1'i ? s++ 11 ITipr_,V�ri1P.-rit shall be C01_aieted according to the tein 11s co,thecC on or
<br />� ¢o e the - -- - at 1
<br />-------------- d @ e
<br />ui :Fs the tirr or the co: -i. � � an of th� sa: -e s'� ii b of�A: � -- S b•-�i -------*,?'- �,s- -- •- q ........ v 8 1� 1
<br />h
<br />A d it is a r� d a; e d in v o- q Boar 1 of P+�blic �r'o 1 s,
<br />g - y AKTP f �c or the m �r c1 lil
<br />od cf do+rill such -work £i'i?1 ;r d ,'V a_b1i O-1 Of !1 S C L
<br />no �.ay a`rP t the duties, obli _t,o:-s of L,:bil+:ies of the co ll.rp.c ties. - to, o,h�, s�.��-•
<br />ft is agre d that t!- co t a -:or hall not assign th+s c , t
<br />be do-ie h re -!er. r ti or :h let the work or any part
<br />.1 - :1c of ti, Board
<br />Tt is fu -,her afire -•a C,)ntraor st, !t `,..e t
<br />l 1 �'f erejace in the er io`,, L ll O{ �� lave^r [i� O r ,'.der S Of Said city a..cl C
<br />A ' ,cr sary in the perforr-ailce of t1,ts c tract, and failing to u sha,U forfeit to the city the su:r% of ten dollars for each failure to o0 erve this stipulation.
<br />And upon the perrormanct of ail the terns and con d.itioils of tb;s co .Tact, and things to be d�_ , a performed by said contract
<br />mor the said city agrees to cause the cost of doing such work to be as:s ss d
<br />erits.
<br />and paid to said coiltractor in the manner fixed by the statute governing the making of such iinpr o -c_
<br />Frient
<br />To each of the conditions and stipulations of this contract, including all and singular the provisioc,s d
<br />terms of the, Flans, profile, specifications and resolution aforesaid, the u1;d i sic ned binds hiniself. of ?$
<br />_ and the respective s.,xcccssor or assigns of such parties.;
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